chanduv23
09-23 10:48 AM
Thank you Chanduv23, for the prompt reply.
Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.
The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.
Well, anyway, no point losing sleep over these things, although it is easier said than done.
Again, thank you for sharing your experience here, it is VERY helpful.
I agree. And this has happened. This happens NOT because new Attorney's G 28 did not get filed properly, it happens because VO may mix it up. Usually when a employer requests a revocation of 140 - in real - what the employer requests is "As this employee has left the company the prospects of his future employment with us is not there and we will not support this 140 petition in future. In other words an employer is telling INS "They will never hire you in future".
So the VO does two things here. They send acknowledgment letters to the employer and their Attorney on file and send RFE/NOID to you and your Attorney. In this process some mix up might happen. Remember, a lot of VOs are very ignorant about AC21 and they may not follow the guidelines properly. Under the AC21 law it is clear that all you do is to change job to a same/similar position. As long as you follow law nothing must happen.
Check your online status regularly - if you see LUDs call customer service - verify your address. If you do not get mail in 5 days - call again - if it is 15 days past call and ask them to fax it.
Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.
The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.
Well, anyway, no point losing sleep over these things, although it is easier said than done.
Again, thank you for sharing your experience here, it is VERY helpful.
I agree. And this has happened. This happens NOT because new Attorney's G 28 did not get filed properly, it happens because VO may mix it up. Usually when a employer requests a revocation of 140 - in real - what the employer requests is "As this employee has left the company the prospects of his future employment with us is not there and we will not support this 140 petition in future. In other words an employer is telling INS "They will never hire you in future".
So the VO does two things here. They send acknowledgment letters to the employer and their Attorney on file and send RFE/NOID to you and your Attorney. In this process some mix up might happen. Remember, a lot of VOs are very ignorant about AC21 and they may not follow the guidelines properly. Under the AC21 law it is clear that all you do is to change job to a same/similar position. As long as you follow law nothing must happen.
Check your online status regularly - if you see LUDs call customer service - verify your address. If you do not get mail in 5 days - call again - if it is 15 days past call and ask them to fax it.
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jonty_11
07-06 12:08 PM
All,
IV supports AILF efforts to file the lawsuit and feels that if the lawsuit has a favourable judgement then, it will provide respite to lot of people in the Community IV represents. IV is not an organization which works with one motive and that is to get people out of the greencard mess and IV will support whoever helps its member community.
We feel that revision of Visa bulletin was not correct and AILF is absolutely correct to file a lawsuit against this directive and hence we support AILF in their bid to sue USCIS & DOS
when do u think we may hear some affirmative action in this regard?
IV supports AILF efforts to file the lawsuit and feels that if the lawsuit has a favourable judgement then, it will provide respite to lot of people in the Community IV represents. IV is not an organization which works with one motive and that is to get people out of the greencard mess and IV will support whoever helps its member community.
We feel that revision of Visa bulletin was not correct and AILF is absolutely correct to file a lawsuit against this directive and hence we support AILF in their bid to sue USCIS & DOS
when do u think we may hear some affirmative action in this regard?
snathan
03-15 11:29 PM
Don't jump without understanding my comments.
what makes you come to conclusion that i am supporting him?
we shouldnot judge others without understanding circumstances. Even if he has intentionally comitted crime, he is going to answer to God for this sooner for later.
some "shoplifters" are not theives.
I already answered you. If it�s an accident I apologies.
By the way what you call them?
what makes you come to conclusion that i am supporting him?
we shouldnot judge others without understanding circumstances. Even if he has intentionally comitted crime, he is going to answer to God for this sooner for later.
some "shoplifters" are not theives.
I already answered you. If it�s an accident I apologies.
By the way what you call them?
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forgerator
03-24 11:26 PM
My sincere advice to the OP is to avoid posting such sensitive questions on a public board (as can be seen from the backlash by a majority of the posters).
OP , your best bet would be to get a consultation done with an immigration lawyer. And don't worry about others labeling you as a criminal, what's done is done, the important thing is that you learn from your mistakes and never do this again. good luck.
OP , your best bet would be to get a consultation done with an immigration lawyer. And don't worry about others labeling you as a criminal, what's done is done, the important thing is that you learn from your mistakes and never do this again. good luck.
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frankiesaysrelax
11-04 09:20 AM
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
Two years back the limit was $25,000 per year. It seems substantially higher now. I did it through a one stop process at ICICI. Not cumbersome at all.
I am not sure if it is as difficult as is everyone's impression in this thread.
http://www.icicibank.com/pfsuser/icicibank/depositproducts/outward_remittance/out_remittance.htm
BTW, I repatriated money from a resident Indian account (account that I opened when I was a resident). I did not personally get an RBI clearance etc.
There were strict repatriation rules in the days when $s were in demand in India. These days RBI wishes there were less $s in the market. One of the reasons why the outflow is liberalized.
Good Luck.
There is a limit I think but it must be like $25K..
Good Luck
Two years back the limit was $25,000 per year. It seems substantially higher now. I did it through a one stop process at ICICI. Not cumbersome at all.
I am not sure if it is as difficult as is everyone's impression in this thread.
http://www.icicibank.com/pfsuser/icicibank/depositproducts/outward_remittance/out_remittance.htm
BTW, I repatriated money from a resident Indian account (account that I opened when I was a resident). I did not personally get an RBI clearance etc.
There were strict repatriation rules in the days when $s were in demand in India. These days RBI wishes there were less $s in the market. One of the reasons why the outflow is liberalized.
Good Luck.
go_guy123
07-02 10:27 AM
another angle is that if the law itself violates the constitution - there is a separate procedure to appeal against such a law (like may suits going on in state courts on laws related to gay rights) - however USCIS would not be party to such a lawsuit since USCIS does not make laws. one would need not only a good immigration lawyer but also a constitutional expert for a venture like this.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
Yes true. This is the only angle that is viable in theory. All that can be done is challenge that the per country quota violates the constitution. Then the judge can strike that clause off.
Besides this it needs a law change.
more...
arunmohan
01-22 01:36 AM
Figures suggest that there are over 800,000 pending applications. Recapture will get around approximately 215,000 green cards. We are shot of around 600,000 green cards, which will take around 4 years (@140k/yr EB green card) to address the current backlog, which contains your and mine application. This is a deep deep hole and EB3-I is at the bottom of this hole.
.
Sanju:
Actual number of I-485 pending is 673,694, please refer the following link.
http://www.uscis.gov/files/article/Natz_Benefits_Oct2008.pdf
I don't know this number is only Employment based or it has included family based too.
Can someone please confirm this?
I beleive that the recapture is going to help us a lot.
.
Sanju:
Actual number of I-485 pending is 673,694, please refer the following link.
http://www.uscis.gov/files/article/Natz_Benefits_Oct2008.pdf
I don't know this number is only Employment based or it has included family based too.
Can someone please confirm this?
I beleive that the recapture is going to help us a lot.
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senthil1
04-14 09:49 PM
Your employer might think that it is difficult to find a project in the current economic condition. Anyhow your husband started working there should not be any issue. You can join another company after 6 months.
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
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s416504
07-20 03:16 PM
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lost_in_migration
05-14 10:05 PM
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chanduv23
10-09 10:28 AM
^^^^^^^^^^^^^^^^^^
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angelfire76
01-15 02:26 PM
Is it to learn something like this
http://www.youtube.com/watch?v=07jnqD8wvyE&feature=related
Once a finger breaks the fight's all out of even the most coked up thug. Of course if there are more than 1...give your wallet and start praying that you don't catch a slug.
It's inevitable with so much unemployment there will be a rise in crime. Best thing to do is to install car security alarms, be wary of strangers and stay away from shady places. Of course can't help if you live in the deep south or the crime ridden NJ area. You are unfortunately a victim of your richer brethren of the same color who like to display wealth in their Mercs/Bimmers/Lexuses and who's women look like jewelry store mannequins (minus the stats of course :p) Sad story, can happen to anybody, anywhere
http://www.youtube.com/watch?v=07jnqD8wvyE&feature=related
Once a finger breaks the fight's all out of even the most coked up thug. Of course if there are more than 1...give your wallet and start praying that you don't catch a slug.
It's inevitable with so much unemployment there will be a rise in crime. Best thing to do is to install car security alarms, be wary of strangers and stay away from shady places. Of course can't help if you live in the deep south or the crime ridden NJ area. You are unfortunately a victim of your richer brethren of the same color who like to display wealth in their Mercs/Bimmers/Lexuses and who's women look like jewelry store mannequins (minus the stats of course :p) Sad story, can happen to anybody, anywhere
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vinodp1978
06-28 04:30 PM
my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.
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CADude
05-28 01:42 PM
Sent thank you message to author Spencer Hsu for great work.
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html?hpid=topnews&sub=AR
Quite the same text in WP ...MSNBC has used WP text.
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html?hpid=topnews&sub=AR
Quite the same text in WP ...MSNBC has used WP text.
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chanduv23
02-23 02:11 PM
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made
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laborpains
08-05 02:24 PM
Ur ID is funny. Maybe the news that ur app is preadjudicated eases ur "laborpains"
No, It really isn't funny, my NY labor took 4 yrs!!
No, It really isn't funny, my NY labor took 4 yrs!!
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gc_chahiye
08-05 02:25 PM
One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
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07-09 12:15 PM
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Macaca
06-16 07:46 PM
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type.
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive.
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing.
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty.
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive.
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing.
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty.
mbartosik
11-08 04:59 PM
Hey, I'm about as Anglo Saxon as you get, and I wish all Hindus here and their families a happy Diwali. I also sent a Diwali card to a friend earlier this week.
Just a matter of respect for others and their cultures.
There is a point that we are viewed (incorrectly) as an Indian group.
However, let's not ban Diwali, or Christmas, or any other celebrations.
I don't think it is very popular when ACLU sues local governments that put up certain Christmas decorations.
Just a matter of respect for others and their cultures.
There is a point that we are viewed (incorrectly) as an Indian group.
However, let's not ban Diwali, or Christmas, or any other celebrations.
I don't think it is very popular when ACLU sues local governments that put up certain Christmas decorations.
lskreddy
05-21 12:38 PM
I140 at TSC is August 26th. Several others and I have their July apps pending. Gosh, this concurrent crap without current PD is playing havoc in several of our lives..
What a nightmare and sad state of affairs.
What a nightmare and sad state of affairs.
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