dummgelauft
08-21 12:51 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
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gcphul
04-09 12:05 AM
I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.
gsc999
09-11 04:25 PM
It is amazing to see so much positive energy.
I am from California and more than forty people are flying. Some people are making plans at the last moment to go. So there will more.
Guys this is not the time to think it is time to act.
Put DC rally on top of your agenda rest of the things can probably wait and you know it. Don't loose this historic moment to make a difference. IV probably won't be organizing such an event any time soon.
Come to DC, yes and make a difference. You are important and let no one take you for granted anymore.
I am from California and more than forty people are flying. Some people are making plans at the last moment to go. So there will more.
Guys this is not the time to think it is time to act.
Put DC rally on top of your agenda rest of the things can probably wait and you know it. Don't loose this historic moment to make a difference. IV probably won't be organizing such an event any time soon.
Come to DC, yes and make a difference. You are important and let no one take you for granted anymore.
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gimmemygreen
10-10 03:46 PM
If verified, you would end up in eating ham burger.
Cock meat sandwich from gitmo
Cock meat sandwich from gitmo
more...
jnagendra
09-10 02:10 PM
extended lunch session...!!! .
They went at EST and back at PST:D
They went at EST and back at PST:D
rajuram
11-13 12:17 AM
Very good ideas (if some one in the core is listening...). When approaching Zoe, we just have to let her office know that by speeding up GC approvals, they will help the poor housing market. Trust me, they will listen.
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
more...
nomi
12-12 04:19 PM
USCIS is not a legislative body, they cannot pass a law. The Congress does. In order to change any existing laws Congress has to pass it and USCIS just implements it. So I do not think meeting USCIS will help. BTW what is DOS ?
I know USCIS is not legislative body and they can`t pass law either. But we need to know what USCIS can do for us to give us temp. relief. We need to know what are under their control. They do lot of rules with out going into Congress. So its nothing to lose to ask them what they can do for us without any bill. We will not lose if they say "They can`t do anything" but this will give us some hope that we did our best and also contact to USCIS too.
I know USCIS is not legislative body and they can`t pass law either. But we need to know what USCIS can do for us to give us temp. relief. We need to know what are under their control. They do lot of rules with out going into Congress. So its nothing to lose to ask them what they can do for us without any bill. We will not lose if they say "They can`t do anything" but this will give us some hope that we did our best and also contact to USCIS too.
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gsc999
04-21 10:49 PM
I stayed till 6:30 p.m. and got an opportunity to briefly talk about Immigration Voice and commended his initiative on solving this issue.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
more...
grinch
02-27 07:21 PM
Ah great!!! thanks bluesun!
And I have a question, how do I make geometry become a light source in maya?! I know I've seen it before, but I can't find it now...
And I have a question, how do I make geometry become a light source in maya?! I know I've seen it before, but I can't find it now...
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jonty_11
12-13 10:39 AM
It would work even great if IV could post this on the homepage, and send emails to all members to send faxes to USCIS on say Dec 18th, at 12 noon EST.
Or are we on our own for this effort, which would mean the only way people will know about this effort is via this thread....At least we should open a new thread with a specific name so that it becomes obvious waht the purpose of that thread is.
Or are we on our own for this effort, which would mean the only way people will know about this effort is via this thread....At least we should open a new thread with a specific name so that it becomes obvious waht the purpose of that thread is.
more...
oliTwist
01-17 03:06 PM
Sometime back I had read this book Inscrutable Americans by Anurag Mathur (http://www.amazon.com/Inscrutable-Americans-Anurag-Mathur/dp/1577310241) which is kind of hilarious story of someone like us duriing late 90s. I guess now your (many of our story) would worth another book :)!!
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voldemar
06-20 06:01 PM
its illegal to take color photocopies of driver licences, ONLY send b/wAnd wait for RFE.
USCIS is asking for COLOR copies of DL and passport.
USCIS is asking for COLOR copies of DL and passport.
more...
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fullerene
07-04 08:18 PM
If we don't raise our concerns at the moment, how can we let lawmakers understand our situations and our requests? The goal of this forum is to speak out our voice. This is a very good chance to unify all of us to speak out loudly. We shall not to care too much about the outcome of the lawsuit. As far as I understand, none of us knows better on immigration laws and litigations than these lawyers. If they has decided to do something, we shall concentrate ourselves on supporting them instead of questioning them. Meanwhile we shall urge the lawmakers to pass SKILL or at least to make a more stable and predictable process to practice the immigration law.
We shall let all the lawmakers who support the CIR understand how they can resolve problems practically for 12M without any legal documents in the USA if our problems on the process cannot be resolved. The basises for addressing 12M illegal immigrants are and only are to have an effective and efficient border control system AND an effective and efficient process to handle all the legal applicants.
We shall let all the lawmakers who support the CIR understand how they can resolve problems practically for 12M without any legal documents in the USA if our problems on the process cannot be resolved. The basises for addressing 12M illegal immigrants are and only are to have an effective and efficient border control system AND an effective and efficient process to handle all the legal applicants.
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gandalf_gray
06-08 11:36 PM
Here is what I would do:
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Thanks AMGC. need one clarification.
do you mean to say that because my L1 is expiring in September, the COS will not be allowed, but the H1 itself will be approved ?
or will it be like because L1 expires before Oct1, the entire h1B petiton will be rejected outright ?
I have this thread on this topic.
http://immigrationvoice.org/forum/showthread.php?p=253917
- Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
- If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
- Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
- Get the H-1B visa and come back in Oct to work for your new employer.
If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.
Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.
Thanks AMGC. need one clarification.
do you mean to say that because my L1 is expiring in September, the COS will not be allowed, but the H1 itself will be approved ?
or will it be like because L1 expires before Oct1, the entire h1B petiton will be rejected outright ?
I have this thread on this topic.
http://immigrationvoice.org/forum/showthread.php?p=253917
more...
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msyedy
06-13 08:45 AM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
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roseball
07-09 03:55 PM
Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.
I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....
From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....
From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
more...
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Jaime
09-12 01:24 AM
You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!
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rexjamla
03-07 08:49 AM
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
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nixstor
07-03 12:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
McLuvin
03-09 12:27 PM
Anyone for May 09 predictions???
immi2006
09-26 10:22 AM
Do you think Lawyers used the rally to further their business and had IV as a front to project that as a H1 CAP increase ?
1) Lawyers would not do anything for free
2) At the very best - we need to have another rally in Silicon Valley to highlight
our cause with immeiate Effect, otherwise, folks can twist it as H1 rally.
We will have to explicity state Rally for
Green Cards for tax paying professionals !
What do you all think ? - Do u think we can mobilise folks for this saturday ?
We need to keep the momentum high in public than in Blogs and IV site,.
1) Lawyers would not do anything for free
2) At the very best - we need to have another rally in Silicon Valley to highlight
our cause with immeiate Effect, otherwise, folks can twist it as H1 rally.
We will have to explicity state Rally for
Green Cards for tax paying professionals !
What do you all think ? - Do u think we can mobilise folks for this saturday ?
We need to keep the momentum high in public than in Blogs and IV site,.
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