jayleno
02-25 10:10 AM
Great Idea. We can have a poll on this just to see how many support this.
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Humhongekamyab
11-13 10:56 AM
I know a lot of people have advised you not to go to the cops but I feel ( I have a young son ) that you should not let anyone who beat your 8 month old kid go unpunished.
I am not a lawyer but from what I have seen about this country justice is not denied . Local cops and Immigration are two separate branches of government . ( ICE enforces immigration issues )
If anyone had beaten my son then my H1b or GC or citizenship would be the last thing on my mind. My opinion - take advise from the lawyer right away.
You have made some mistakes by not checking for the nanny's references and other things but would you let her go scot free just so that she can do it to someone else's kid and maybe cause permanent harm the next time ??
I agree. You should take the advice of a lawyer first. Local cops and immigration are seperate branches. When you report a crime, in my opinion, the cops don't ask you for your immigration status before starting their investigations. Even if they do, they are not going to tell the immigration that a person on H-1B has hired someone who is not authorized to work. It is best to see an good attorney who might change you couple of hundred dollars only.
As hpandey said, the reason she continues to work is because she continues to find jobs with people who are looking for Indian nanny and most of such people are willing to look the other way when it comes to nannys immigration status because the nanny charges less or maybe because the nanny speaks your local language and apart from taking care of your kids also cooks for you while you are out working. If you report her to the cops it will make sure that she and others like her never do such a thing again. It will send a message to all such unauthorized workers to stop misusing their immigration status. Also, you might be able to save other children from similar trauma.
I am not a lawyer but from what I have seen about this country justice is not denied . Local cops and Immigration are two separate branches of government . ( ICE enforces immigration issues )
If anyone had beaten my son then my H1b or GC or citizenship would be the last thing on my mind. My opinion - take advise from the lawyer right away.
You have made some mistakes by not checking for the nanny's references and other things but would you let her go scot free just so that she can do it to someone else's kid and maybe cause permanent harm the next time ??
I agree. You should take the advice of a lawyer first. Local cops and immigration are seperate branches. When you report a crime, in my opinion, the cops don't ask you for your immigration status before starting their investigations. Even if they do, they are not going to tell the immigration that a person on H-1B has hired someone who is not authorized to work. It is best to see an good attorney who might change you couple of hundred dollars only.
As hpandey said, the reason she continues to work is because she continues to find jobs with people who are looking for Indian nanny and most of such people are willing to look the other way when it comes to nannys immigration status because the nanny charges less or maybe because the nanny speaks your local language and apart from taking care of your kids also cooks for you while you are out working. If you report her to the cops it will make sure that she and others like her never do such a thing again. It will send a message to all such unauthorized workers to stop misusing their immigration status. Also, you might be able to save other children from similar trauma.
pritesh80
04-29 12:17 AM
Can you tell exact wording you used in the letter of completion. I would assume that you need to have following statement in the letter.
"xxxxx has completed all the degree requirements"
instead of just having "would be graduating"
Do you happen to know anyone who has been granted visa with this document saying that the student has completed all the degree requirements? Also, if I get another document from my University can I add it to the file I have already submitted to immigration?
"xxxxx has completed all the degree requirements"
instead of just having "would be graduating"
Do you happen to know anyone who has been granted visa with this document saying that the student has completed all the degree requirements? Also, if I get another document from my University can I add it to the file I have already submitted to immigration?
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abalu400
07-21 08:57 PM
Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
So, basically if I get a new I-94, am I in status again? Someone mentioned that you should be in status since your last arrival to the US. That was in 2004. So, i was under teh impression that I had to leave the country and return and things would be OK.
If you know, can you PM me any lawyer who you can help in this matter?
If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.
HTH
So, basically if I get a new I-94, am I in status again? Someone mentioned that you should be in status since your last arrival to the US. That was in 2004. So, i was under teh impression that I had to leave the country and return and things would be OK.
If you know, can you PM me any lawyer who you can help in this matter?
more...
485Mbe4001
08-22 04:38 PM
I am EB3-I (pd 02 retrogressed) but was interested in this discussion so i emailed my lawyer about it. She said, historically the last month of the fiscal year has the most approvals as they try to clear as much as they can. You will see a lot more approvals from next week or sept 2nd week.
As you guys may already know. When a 485 file is with an adjudicating officer, h/she then is able to request a number via an online portal from the State Dept with the relevant case details.
I am hearing that for the last few days when EB2 India/China numbers are requested, instead of granted or not, the officers are getting a "pending" status report. They can't adjudicate without the number being approved from the State Dep't.
The same thing is not happening with ROW cases. Of course all of this is ridiculous and unfair but judging from last years events, I suppose we are to expect this. So it appears that the state Dep't might be doing some internal calculations. Not sure if they are trying to get info back from consular posts as well before they release the rest to the service centers.
However what is clear is that all is definitely not smooth with the communication at this time. Hopefully they will get it together and in the end not waste numbers. NSC was really slow off the mark earlier this month and those of us with old pending cases there, appear to have been the losers this rounds.
I'm praying they have numbers left over for next month. Based on what we are seeing they seem have gone into ramping down for Aug. already.
As you guys may already know. When a 485 file is with an adjudicating officer, h/she then is able to request a number via an online portal from the State Dept with the relevant case details.
I am hearing that for the last few days when EB2 India/China numbers are requested, instead of granted or not, the officers are getting a "pending" status report. They can't adjudicate without the number being approved from the State Dep't.
The same thing is not happening with ROW cases. Of course all of this is ridiculous and unfair but judging from last years events, I suppose we are to expect this. So it appears that the state Dep't might be doing some internal calculations. Not sure if they are trying to get info back from consular posts as well before they release the rest to the service centers.
However what is clear is that all is definitely not smooth with the communication at this time. Hopefully they will get it together and in the end not waste numbers. NSC was really slow off the mark earlier this month and those of us with old pending cases there, appear to have been the losers this rounds.
I'm praying they have numbers left over for next month. Based on what we are seeing they seem have gone into ramping down for Aug. already.
desixp
06-09 03:45 PM
Thank You IV & redds777,
Thanks to all IV members who have participated in the Advocacy efforts in DC. Special thanks to redds777 for hosting some guest.
Regards
Thanks to all IV members who have participated in the Advocacy efforts in DC. Special thanks to redds777 for hosting some guest.
Regards
more...
dtekkedil
07-06 04:04 PM
--
TOI, great. That is good because most Americans trust TOI for their daily news. Couldn't help with the sarcasm. :rolleyes:
Anyways, It seems I might be converting to this idea of flowers, after my previous opposition to the idea. The only flower or a plant I can think of is a Cactus, will that work?
I am talking about those three to five feet tall cactus plants, that prick you when you touch them.
Most Indians read TOI! It's a start!
Today.. TOI tomorrow... CNN.. who knows :)
You can send plants and plant "parts" that you can "comfortably" sit on! :D
So if cactus works for u...
TOI, great. That is good because most Americans trust TOI for their daily news. Couldn't help with the sarcasm. :rolleyes:
Anyways, It seems I might be converting to this idea of flowers, after my previous opposition to the idea. The only flower or a plant I can think of is a Cactus, will that work?
I am talking about those three to five feet tall cactus plants, that prick you when you touch them.
Most Indians read TOI! It's a start!
Today.. TOI tomorrow... CNN.. who knows :)
You can send plants and plant "parts" that you can "comfortably" sit on! :D
So if cactus works for u...
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santb1975
11-22 04:42 PM
how to contribute less than 100$
more...
pappu
06-07 02:27 PM
USCIS Ombudsman Ms. January visits Immigration Voice Situation Room
http://advocacydays.blogspot.com/
USCIS Ombudsman Ms. January speaking to the Immigration Voice members.
http://advocacydays.blogspot.com/
USCIS Ombudsman Ms. January speaking to the Immigration Voice members.
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tdasara
02-04 01:27 PM
Who can sue them? A non-US citizen?
An organization?
A US Citizen can ask for a PIL??
An organization?
A US Citizen can ask for a PIL??
more...
priderock
07-05 01:12 PM
Are you guys sure that Emilio Gonzalez is not on vacation or taking a day off that day ??
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jsb
08-21 11:01 AM
hi jsb
what makes you state with confidance that the preadjudicated cases will be evaluated. can you please explain the basis of your statement. both my case and my wife's case has been pre-adjudicated and i am waiting for my green card. so do you think we should expect our green card some time next month without any additional followup. i would hate to see my case being sidetracked when some one else with pd and rd much beyond mine is serviced. any thoughts and insights. not trying to offend anyone. just trying to get some information.
thanks
Based on USCIS SOP (though a bit outdated) - see below - preadjudicated cases are piled in PD sequence when they wait for visa. Therefore, as your PD is quite high (Sep 04), you should expect a good news in Sept. Best...
http://www.ilw.com/seminars/august2002_citation2b.pdf
what makes you state with confidance that the preadjudicated cases will be evaluated. can you please explain the basis of your statement. both my case and my wife's case has been pre-adjudicated and i am waiting for my green card. so do you think we should expect our green card some time next month without any additional followup. i would hate to see my case being sidetracked when some one else with pd and rd much beyond mine is serviced. any thoughts and insights. not trying to offend anyone. just trying to get some information.
thanks
Based on USCIS SOP (though a bit outdated) - see below - preadjudicated cases are piled in PD sequence when they wait for visa. Therefore, as your PD is quite high (Sep 04), you should expect a good news in Sept. Best...
http://www.ilw.com/seminars/august2002_citation2b.pdf
more...
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Michigan123
04-30 07:38 PM
My visa stamp has name some thing like that
XYZ ABC
FNU
xyz is first name ABC is last name
FNU is family name unkown
The passport has Given name as XYZ ABC ....and surname is blank
The EAD ,485 ,Social Security Card has
LNU ,ABC XYZ
The michigan DMV has refused to issue the Driver Licence ,They are telling the names do not match ...... Some how I have shown the AP document which has photo as identity and having name LNU, XYZ ABC ......accepted the documents . I know this is start of whole lot of trouble ...
Now I want to know how to correct these changes at USCIS ,consulate .......
God knows how many places ...........Totally confused ......
Given the fact the USCIS has lot of pending cases and will not change in matter of months or years ....
All suggestion will be appreciated
XYZ ABC
FNU
xyz is first name ABC is last name
FNU is family name unkown
The passport has Given name as XYZ ABC ....and surname is blank
The EAD ,485 ,Social Security Card has
LNU ,ABC XYZ
The michigan DMV has refused to issue the Driver Licence ,They are telling the names do not match ...... Some how I have shown the AP document which has photo as identity and having name LNU, XYZ ABC ......accepted the documents . I know this is start of whole lot of trouble ...
Now I want to know how to correct these changes at USCIS ,consulate .......
God knows how many places ...........Totally confused ......
Given the fact the USCIS has lot of pending cases and will not change in matter of months or years ....
All suggestion will be appreciated
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himu73
07-07 04:50 PM
I got it, Just put in google maps
Where is this address on USCIS web site. I cannot find it .Can someone post the link . I want to verify before I send the flowers
Where is this address on USCIS web site. I cannot find it .Can someone post the link . I want to verify before I send the flowers
more...
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akhilmahajan
06-17 09:00 PM
My wife has the same problem and problem became apparent when she was in India in March to get H1 Visa stam. 3 years back when she got her first visa stamp, we had used Last name first name format in the application form. However this time the Embassy did not accept it, in the visa issued they stamped FNU (Family name Unknown) in the section marked Given name !!! and mentioned her Firstname, lastname in section marked Surname (Exact opposite to what is in her passport !!!!). When my wife pointed this out to embassy officials, they said it is the SOP in this situation and adviced her to correct the Passport.
As I understand, correcting the name in Passport should'nt take much time. Is'nt it same day service?
My wife also have the same problem... during her h-4 stamp they issued the visa in frst name, last name format but the passport does not have any surname........... can anyone suggest what can be done..... i am getting ready to file my 485.............
As I understand, correcting the name in Passport should'nt take much time. Is'nt it same day service?
My wife also have the same problem... during her h-4 stamp they issued the visa in frst name, last name format but the passport does not have any surname........... can anyone suggest what can be done..... i am getting ready to file my 485.............
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sunnydham
07-17 11:21 PM
Dear Core Group,
Thanks a ton for your persistent and superlative efforts in overturning this debacle.We will forever be grateful for your help and organizing continuing support to this cause.This is a truly combined superhuman achievement.
Salute all of you guys.
Regards
Sandeep :)
Thanks a ton for your persistent and superlative efforts in overturning this debacle.We will forever be grateful for your help and organizing continuing support to this cause.This is a truly combined superhuman achievement.
Salute all of you guys.
Regards
Sandeep :)
more...
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belmontboy
04-15 09:21 PM
No actually i understood very clearly what you are.
Yup likewise, though i will refrain from saying it openly in the forum :D
Yup likewise, though i will refrain from saying it openly in the forum :D
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Gowtham Nalluri
07-07 04:52 PM
Order # FNK1822109 to be deliverd on 10th Jul.
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krishnam70
08-17 05:38 AM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.
If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)
good luck
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.
If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)
good luck
meridiani.planum
07-10 11:20 AM
Look at pg 10
Even the most conservative estimate will show 25k EB2 applications between October 1st 2005 - September 1st 2006. You still have Eb3 to eb2 conversions, labor subs etc. So 1 lakh 485 including dependents is good for 2004 and 2005. With per country quota of 3800 + row scraps I still think a person with PD 2006 Eb2 will wait a decade to get his green card or end up at Silicon valley of India, Bangalore.
thats all still a far cry from your earlier statement about 50K EB2-India labors each in 2004 and 2005, from your earlier post:
http://immigrationvoice.org/forum/showpost.php?p=260887&postcount=5
not saying the backlog is not bad, just that we need to be careful with the numbers we throw around. All are guesstimates, but they atleast need to be backed up with some stats or a link (the way you have now done, to come up with these new numbers)
Even the most conservative estimate will show 25k EB2 applications between October 1st 2005 - September 1st 2006. You still have Eb3 to eb2 conversions, labor subs etc. So 1 lakh 485 including dependents is good for 2004 and 2005. With per country quota of 3800 + row scraps I still think a person with PD 2006 Eb2 will wait a decade to get his green card or end up at Silicon valley of India, Bangalore.
thats all still a far cry from your earlier statement about 50K EB2-India labors each in 2004 and 2005, from your earlier post:
http://immigrationvoice.org/forum/showpost.php?p=260887&postcount=5
not saying the backlog is not bad, just that we need to be careful with the numbers we throw around. All are guesstimates, but they atleast need to be backed up with some stats or a link (the way you have now done, to come up with these new numbers)
hydboy77
08-11 01:40 PM
Dream on about porting from Eb3 to EB2. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2. So good luck with your eb3 to eb2 dream.
If dates are not favorable, i am considering moving to EB2.
I am afraid , folks like me when rush to EB2 ( which has been going on ) the VB for EB2 will show back ward dates again after 6months from now.
Mine is EB3 , Oct 03, India.
If dates are not favorable, i am considering moving to EB2.
I am afraid , folks like me when rush to EB2 ( which has been going on ) the VB for EB2 will show back ward dates again after 6months from now.
Mine is EB3 , Oct 03, India.
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