yabadaba
12-13 03:36 PM
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it.
logiclife - on this forum we have heard of members that work for companies who have used ONE approved labor multiple times by invoking AC21 once the beneficiary has completed 6 months. This is equivalent to fraud.
One job-one labor-one gc
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it.
logiclife - on this forum we have heard of members that work for companies who have used ONE approved labor multiple times by invoking AC21 once the beneficiary has completed 6 months. This is equivalent to fraud.
One job-one labor-one gc
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wellwishergc
04-10 09:02 PM
I agree with bharnik..
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
rustamehind
08-10 10:23 AM
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
Well said yabadaba , the fact is that Desi Consulting companies have used labour sub as a carot for so long , some to the extent of selling it.And there were people who were always interested too.Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
A mistake on USCIS part too , why they allowed this malpractice for so long , even now when they have stopped it , quite a damage is already done.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
Well said yabadaba , the fact is that Desi Consulting companies have used labour sub as a carot for so long , some to the extent of selling it.And there were people who were always interested too.Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
A mistake on USCIS part too , why they allowed this malpractice for so long , even now when they have stopped it , quite a damage is already done.
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Hopeful1
06-18 06:20 PM
Thanks Snathan for bringing up this issue.
I personally suffered due to this visa stamping. I was stuck in Delhi for four months due to administrative processing, almost lost my job, lost apartment, lost lot of money and now I am scared to go back for stamping again. My wife and I had to miss my father in law's funeral due to this fear.
I know few other folks who have been in similar situation and I can contact them to share stories.
I am willing to contribute both time and money for this initiative.
I personally suffered due to this visa stamping. I was stuck in Delhi for four months due to administrative processing, almost lost my job, lost apartment, lost lot of money and now I am scared to go back for stamping again. My wife and I had to miss my father in law's funeral due to this fear.
I know few other folks who have been in similar situation and I can contact them to share stories.
I am willing to contribute both time and money for this initiative.
more...
Ram_C
11-10 12:24 PM
where is USCIS announcing FP dates?
I filed in July and yet to get FP notice.
as far as I know USCIS haven't published any FP related time lines.
hope everyone will receive FP notice soon
good luck :)
I filed in July and yet to get FP notice.
as far as I know USCIS haven't published any FP related time lines.
hope everyone will receive FP notice soon
good luck :)
scorpion00
06-16 11:40 PM
It does not fall in that category
Thanks for the quick response.
Thanks for the quick response.
more...
saileshdude
10-27 11:10 AM
nrk,
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
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sats123
06-19 10:26 PM
Chandu might be right.
Carlau, I looked into the database. Thats a very good info. I found the record and also title. Thanks for your help.
I will be getting my doctor's report shortly.
I did contact another law firm, they want a letter from employer.
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
Carlau, I looked into the database. Thats a very good info. I found the record and also title. Thanks for your help.
I will be getting my doctor's report shortly.
I did contact another law firm, they want a letter from employer.
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
more...
sanju
09-09 09:21 PM
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
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tanu_75
08-02 06:13 PM
LOL. I got "snookered" there. But to my credit, I didn't vent a red on you either.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
Sure, sign me up whenever we get to it. It's just unfortunate to see that we have such little ROW presence here even though there are thousands of them in the backlog. There's so much of a regional bent that we forget having a diversified presence in this activism may make the job half as tough.
For the record, I don't mind the red's I "earn". But as you also observed, you get that for free around here by the dozen. And I can't ignore it when people act childishly
There is no doubt the policies are flawed, foolish or whatever. But I maintain that screaming out to another person/s in a forum is of little good. Agreed that your arguments have weight, but they should be made to the right person at the right time. So let's wait for the next letter-writing event and we can participate in writing the draft..
Sure, sign me up whenever we get to it. It's just unfortunate to see that we have such little ROW presence here even though there are thousands of them in the backlog. There's so much of a regional bent that we forget having a diversified presence in this activism may make the job half as tough.
more...
hopefull
07-06 03:53 PM
of being a WHITE KISS ARCE
STUPIDITY
LOVE BEING A SUBMISSIVE SLAVE
so much for a free modern world...bbbrrrrrrrrrrrr
off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY
HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???
STUPIDITY
LOVE BEING A SUBMISSIVE SLAVE
so much for a free modern world...bbbrrrrrrrrrrrr
off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY
HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???
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satishku_2000
05-22 04:06 PM
DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!
If thats the case then I think at least some people are safe ...:)
If thats the case then I think at least some people are safe ...:)
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senthil1
06-19 04:33 PM
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
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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paskal
06-24 03:58 PM
I was wondering if update is only available through state chapter? If so we are in blackhole,,, as many of us are not members of state chapter..
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
more...
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webm
10-24 03:27 PM
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Sorry! to hear about RFE..I hope your RFE is simple to answer...
Let us know more details if you get it.
goodluck!!!
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Sorry! to hear about RFE..I hope your RFE is simple to answer...
Let us know more details if you get it.
goodluck!!!
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pady
08-21 10:27 AM
Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.
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GCaspirations
10-01 08:37 PM
Hey Sparky_Jones,
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
His case appears to be adjucated by CSC and it did not get transferred back to NSC. Probably that is why he received his FP notice.
But who cases have been transferred back to NSC from CSC have not received the FP notice.
You are the first guy whose case was transferred to CSC and you got the FP notices. Can you shed more light as many pople, like me, are stuck with no FP notices and we all had Receipts/EAD/AP from CSC...And now the files are back to either NSC or TSC...
Thanks!
His case appears to be adjucated by CSC and it did not get transferred back to NSC. Probably that is why he received his FP notice.
But who cases have been transferred back to NSC from CSC have not received the FP notice.
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shana04
02-12 05:15 PM
Friends,
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
If any one needs AC21 letter format do let me know. I can give you the format.
Good luck.
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shalini_s_b
04-01 03:54 PM
hi, i have sent #10 web fax.
anandrajesh
11-30 10:32 PM
I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)
May be another point to add to our Debate.
arc
09-05 04:22 PM
Myself and Abhijit booked the flight in United from OAKLAND airport. As we are going to be in DC on Tuesday morning, this is the pretty decent flight with no-stop...We booked this thru www.kayak.com...
Mon, Sep 17, 2007 11:10 PM - OAK to IAD
Tue, Sep 18, 2007 6:52 PM - IAD to OAK
The price came ~$280
Venkey
I sent you a PM, can we team up? I need some more info!
Mon, Sep 17, 2007 11:10 PM - OAK to IAD
Tue, Sep 18, 2007 6:52 PM - IAD to OAK
The price came ~$280
Venkey
I sent you a PM, can we team up? I need some more info!
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