chi_shark
10-27 12:03 AM
Have you ever been illegal?
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
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vasa
07-16 11:41 PM
well then you will always rely on your experience and skills, there is a reason skills are categorized as junior staff and senior admins/developers/mgrs etc.
if u got the skills there's not stopping any one.:)
if u got the skills there's not stopping any one.:)
regacct
04-22 08:22 AM
Looks like this Arizona bill has a positive impact .... it has brought the immigration discussion to the forefront ..... and there is talk in the White House, and Congress. Bet the antis didn't think it through while proposing drastic changes :D
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neoklaus
10-28 07:24 PM
- How has greencard changed your life after receiving it?
we will see
- How did the long wait upset your life?
greatly!
- How did immigrationvoice help you during this long wait?
greatly!
- Would you like to continue your support to immigration voice and help others waiting?
for sure
- Any advice for everyone?
knowledge, knowledge and knowledge! The earlier- the better.
Greatest disappointment that haven't discovered IV back then, say in 2001:D
we will see
- How did the long wait upset your life?
greatly!
- How did immigrationvoice help you during this long wait?
greatly!
- Would you like to continue your support to immigration voice and help others waiting?
for sure
- Any advice for everyone?
knowledge, knowledge and knowledge! The earlier- the better.
Greatest disappointment that haven't discovered IV back then, say in 2001:D
more...
imconfused
07-13 03:13 PM
what does that mean?
chanduv23
03-21 08:10 PM
All NY members - New York City, upstate ... please join this mailing list
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)
As the first step, please update your contact information.
Thanks,
Chandrakanth
more...
sparklinks
07-27 02:27 PM
From Murthy..
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
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knacath
10-19 02:57 PM
Ap
more...
rajuram
06-19 09:48 PM
Pay and move forward. Most of us have spent years to get this stage. Do not spoil it now....hopefully more $$$ will pour in once you get past this stage!
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
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rvr_jcop
02-18 10:12 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.
more...
gsc999
11-10 11:46 AM
Filed July 18th, no FP yet
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sandy_77
04-25 09:31 AM
Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
more...
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rajuram
01-03 12:17 PM
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
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logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
more...
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Marphad
12-30 04:42 PM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
I am surprised to see People with April 2001 PD still waiting. Do you know the reason of getting stuck as your PD is current for some time.
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
I am surprised to see People with April 2001 PD still waiting. Do you know the reason of getting stuck as your PD is current for some time.
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abqguy
06-18 02:43 PM
Let me know when you have the action item for us. Thanks snathan.
more...
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ak_2006
11-25 01:46 PM
Hi Pappu and IV Sr.Members,
Thanks for the updates and hard work.
Thanks for the updates and hard work.
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akhilmahajan
07-10 10:25 AM
There has to be some other way. LOU DOBB is not the only program for CNN which gets them ratings.
I guess we need to explore ways.
I guess we need to explore ways.
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anandrajesh
04-01 07:53 PM
Both Faxes sent to Minnesota Senators.
I sincerely appreciate all the hard work the IV members are putting toward this common goal.
I sincerely appreciate all the hard work the IV members are putting toward this common goal.
atul555
12-22 01:46 PM
But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.
morchu
07-20 01:22 AM
Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.