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  • mdy_tvr
    05-09 02:18 PM
    Guys

    I would appreciate if anyone could throw light on this.

    thanks
    Guys,

    My current situation is that my wife and I applied for 485 separately.
    my wife's PD is 2007 ( 485 applied in Aug 2007 )
    I applied for 485 in Oct 2007, Since my PD is 2003 and is current as of now ( my 140 is pending ), I talked with our companys lawyer on what options do I have with regards to my wife's 485.

    My lawyer suggested 2 options.

    1. File 485 again for my wife as a spouse derivative. As per lawyer, this is very common and has experienced with these kind of situations.

    2. Instead of filing a second 485 for my wife, just write a request letter to move her pending 485 to my 485 as a derivative. If this porting is successful, she cannot move back to her own 485.

    I know some of us have gone with option#(1), but since option(2) involves very less paper work, did any of you have used this option so far?

    I am confused as to which one to choose. My lawyer spelled diplomatic when asked about which option is better/safer:-)

    Thanks
    mdy_tvr





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  • amitjoey
    07-09 06:50 PM
    Flowers are sent to USCIS, USCIS has to accept them and then put them on a truck and send them to the hospital, GREAT!!
    That is just awesome news headline!!





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  • hearthorbeguy
    01-16 10:23 PM
    Can some one please clarify what this case number is. Do we get the case number when we apply for visa, or this is just the approval notice number.

    I am going for my interview on 23rd January to Mumbai. I was just trying to find out whether I can call KCC before leaving US to find out if my approval notice is in the PIMS system or not.

    Did you call KCC to check if your approval is in PIMS system?





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  • kushaljn
    01-11 12:39 PM
    Interviewed on 28th dec. I got my pp stamped on 10th Jan evening. Received email from mumbai consulate on 9th morning after which a friend of mine submitted my pp and other documents + 155 INR. I called the VFS office twice and they gave me wrong information that I can come and pick up my passport after 2 days (11th).

    I took the chance of going on 10th and collecting my pp since my flight is on the 12th and luckily I got mine the same day.

    Good luck to all who are stuck with PIMS delay.



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  • eb_retrogession
    02-01 03:44 PM
    Bush deems guest workers key for economy
    By Joseph Curl and Stephen Dinan
    The Washington Times, February 1, 2006
    http://www.washtimes.com/national/20060201-120444-3544r.htm

    President Bush last night called for 'stronger immigration enforcement and border protection' even as he told Congress to move forward with his plan to create a guest-worker program to fill jobs that no Americans want.

    He also seemed to challenge those in his party who oppose a guest-worker program, saying the nation needs immigrants.

    'We hear claims that immigrants are somehow bad for the economy -- even though this economy could not function without them,' Mr. Bush said in his State of the Union address.

    The only way to keep the United States competitive is to create an immigration system that 'upholds our laws, reflects our values and serves the interests of our economy,' he said.

    'Our nation needs orderly and secure borders. To meet this goal, we must have stronger immigration enforcement and border protection,' Mr. Bush said. 'And we must have a rational, humane guest-worker program that rejects amnesty, allows temporary jobs for people who seek them legally and reduces smuggling and crime at the border.'

    The president pushed for his guest-worker plan in his past two State of the Union addresses as a way to help employers, but this year his focus on border security and immigration enforcement was much clearer.

    'There has been continual movement on his part because he recognizes the Congress and the American people aren't with him, and we're going to fight him,' said Rep. Tom Tancredo, Colorado Republican.

    He and other Republicans took issue with Mr. Bush for not differentiating between legal immigrants and illegal aliens when he said the economy could not work without immigrants.

    Rep. Lamar Smith, Texas Republican, said U.S. workers would be hurt by a guest-worker program.

    'Studies show that competition from cheap foreign labor depresses wages and takes jobs away from American citizens and legal immigrants alike,' Mr. Smith said.

    He also said Mr. Bush's plan is unenforceable, because those here illegally cannot be expected to return to their home countries voluntarily.

    In the official Democratic response to the State of the Union, Virginia Gov. Timothy M. Kaine said Mr. Bush does not have a rational immigration policy and that the result is a 'confusing patchwork' for states and localities to handle.

    He shied away from a specific call for a path to citizenship for illegal aliens, even though most party leaders in Washington have endorsed that.

    'We should welcome those who seek to lawfully join and contribute to our American family,' Mr. Kaine said. 'At the same time, we must ensure that our homeland-defense efforts begin with consistent federal action to protect our borders.'

    In the Spanish-language Democratic response, Los Angeles Mayor Antonio Villaraigosa specifically called for 'comprehensive immigration reform' and for giving 'hardworking people who play by the rules a greater opportunity to realize the American dream.'

    Sen. John Cornyn, Texas Republican, said Mr. Bush was right to call for action on the border and for his guest-worker plan.

    'The bill I've introduced strengthens our border enforcement and comprehensively reforms our immigration system,' Mr. Cornyn said. 'We need both stronger enforcement and reasonable reform of our immigration laws.'





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  • rajsat
    10-01 10:12 PM
    I recieved 2 notices in mail today.

    One is the welcome notices which says that I-485 is approved.
    Another notice which says that they reviewing or reconsidering the decision previously taken.

    Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.

    How can that be when am current in oct as well.

    Mine is EB2 and the priority date is Dec 2004.

    Any suggestions to have this fixed.



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  • TeddyKoochu
    10-06 11:50 AM
    Many Many congratulations SOP, I have been reading and following your case. Your case is one of the best glowing example that persistence to truth always pays, sometimes the path maybe tough but never give up and never say die. All the best to you and your family, must have been a very special feeling that all the effort finally resulted in success.





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  • rameshvaid
    03-12 09:37 PM
    Great effort Saralayar. I just voted. Vote for this, everyone. This is the least we can do get on the radar. There are so many voices crying for attention --- please vote so that we may be heard.

    It is very easy:
    1. Go to http://citizensbriefingbook.change.gov/home
    2. Register, by clicking on "sign in to get started now" (very quick --- no email verification steps, etc.)
    3. Search for "Citizenship if you have lived legally in this Country for 10 years continuously" (without quotes), in the "find an issue you care about" search box
    4. Vote by clicking on the up arrow.

    Post a quick comment as well. This way we will draw more attention to it.

    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV



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  • slowwin
    08-07 02:20 PM
    I think IF we stress for FIFO principle then jumping lines , ships will be taken care of by themselves. let RD be used and PD recaPture request date on the letter be RD.





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  • BharatPremi
    03-26 03:59 PM
    I appreciate your point of view and bringing forth the practical reality in this situation. However, your attitude and tone, which seems to suggest that this is a lost cause and a helpless situation, is somewhat discouraging.

    Nobody is suggesting that you drop your job search, drop everything, and file a law suit. What do you do? You go and find a job elsewhere, of course. You are right, the reality is that employers may ask you questions about your visa/immigration status. But there is a better way to handle such situations. Mark had posted some great tips on that. Even after all that, you may end up in a situation such as yours - where you mentioned that 5 employers told you that they will not hire somebody on EAD. You can remain quiet about it and go about your life, or you can do something about it. Its up to you.

    Think about the visa delays, retrogression, etc. You could have stayed quiet and let the lawmakers, employers and the government deal with it or you could have done something about it. There is nothing "illegal" that the government is doing by making you wait years for a green card. But you did not sit quiet about it, did you? You joined the cause of IV, you wrote letters to the President, right?

    Employers have the right to make a policy or a hiring decision that they want a person with certain skill set or experience, etc. They can find a tons of reasons not to interview or hire somebody. But race, gender, immigration status, etc. CANNOT be one of the reasons or criteria. This is my understanding of the law. I believe it is written in simple English that an employer CANNOT discriminate or make hiring decisions based on immigration status unless mandated by the job requirement (such as security clearance).

    You are blindly assuming that whatever the employers are doing is within legal bounds, without questioning, even when the documents (see I-9 form, or DOL's web site for example) clearly state that such practices are illegal. (I am not a lawyer, this is my understanding of the law.) All I am saying is that if I were in this situation (denied on EAD), I would write to the heads of HR, ask a lawyer if this constitutes discrimination, call the OSC hot line, ask in the forums for employment law, contact ACLU or other civil rights groups. Heck, I am not affected by this (yet), and I still did some of the above because I have the urge to find out if this is indeed discrimination as viewed by the law and if so, do something about it. You don't need written evidence for any of these.

    You still did not get it. Without evidence of discrimination it would be difficult to fight against... Forget this for a moment, in any law based battle you have to have a evidence. It is not that I do not want to fight or somebody do not want to fight. How could you make the base for fighting? This other guy, with his sheer luck (And with Capital One's stupidity) could get written evidence and so he has a valid base to fight against. And without evidence, whatever you write to whomsoever authirities, it would just be a blabbering. Even as one platform if IV decides to fight against this, IV team (Or lawyers whom we appoint) will ask the evidence first to make the case. Other thing, do not forget, what we could achieve in July 2007, the base was definately a first screw up from USCIS ( That is an evidence...). Once that screw up happened we could right away make it a reference and could make it a battle point.. Do you still understand or you do not want to understand?



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  • CADude
    09-20 11:52 PM
    if you can't do anything then please wait and keep the faith.. or write to congressman/senators and other to raise awareness and demand answers.. :)

    I recieved nothing. I cant check whether my check is cashed or not as my lawyer asked for draft and not personal check. Dont know whats going on...cant talk to the lawyer as the company doesn't allow....Man this is too frustrating...





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  • immigrationvoice1
    03-24 03:51 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig



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  • jayleno
    10-29 10:37 AM
    None of the memos have stated that AC 21 can be used only in the case of lay offs. It could be a case of USCIS covering up a mistake they did. With the severe retrogression and impending recession there could be several reasons an employee will leave the employer.

    One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"

    In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
    thanks,
    aps





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  • shiankuraaf
    10-01 02:23 PM
    service center is Nebraska.
    Infact my 485 got denied in August 2009 and in september 2009 filed MTR,which got approved on 22 sep 2009 and today we got 485 approval emails.

    Please......put some details and how did you deal with the MTR, so that it will be very useful for everybody around here.



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  • pappu
    10-17 10:04 AM
    SA 3275. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 3093, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:

    At the appropriate place, insert the following:

    SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

    (a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--

    (1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;

    (2) the average time taken to complete each type of background check;

    (3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and

    (4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.

    (b) Recipients.--The congressional committees listed in this subsection are--

    (1) the Committee on the Judiciary of the Senate;

    (2) the Committee on Homeland Security and Governmental Affairs of the Senate;

    (3) the Committee on the Judiciary of the House of Representatives; and

    (4) the Committee on Homeland Security of the House of Representati

    This does not go far enough to solve the problem. A lot more work is needed to get an immediate fix to the problem.





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  • Sri_1975
    08-20 11:56 AM
    Nice. Whats next.:mad:



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  • optimystic
    03-26 02:48 PM
    Where does it say (please quote official DHS/USCIS/DOL publication or a bill) that employers must hire "US Citizens" first? I think the regulations are to give preference to US workers (note that its not US citizens) before brining somebody from abroad.

    You do make a very good observation and we should clarify with the experts. Can anybody help clarifying this from the lawyers?

    I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.

    Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?

    May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!





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  • belmontboy
    04-01 11:19 AM
    not to hijack the conversation - but at some point, IV needs to distinguish between a donor, a contributor and a freeloader.

    e.g. donors get access to all threads, contributors specific threads for which they have contributed and freeloaders general threads only. i guess that means setting up contributions at the thread level - not sure if thats possible right now.

    Right. I have been a proponent of making "ask lawyer" section paid service (ex: 5$ per question). This generates additional revenue for IV. People normally spend 200$/hr to talk to lawyers anyway.





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  • starscream
    09-10 10:39 AM
    Punjabi 77 - plz see the Private message i sent you - thnks

    OH law website says that the bill will be introduced around 10.15 today morning.
    So has any discussion started yet?
    OH website also mentioned that there are around 500,000 visa unsed since 1990.

    If HR5882 passes today's debate, where will it go then?





    man-woman-and-gc
    01-14 05:24 PM
    I am really surprised by the meek response...what is wrong with everyone?? We have just abt 54 letters so far and almost 200 members online right now !!!

    If you are reading this but have not written a letter yet, please answer one question for me:

    What is the least effort that you can put towards your immigration?

    If you cannot write or type a letter, i'm afraid you don't belong to the "Hard working, highly skilled" immigrants that is being referred to in the letter.

    Please send me a Private message with your name and deatils and I can write up and post a letter for you....its is actually going to be for me as I am benefitting from this campaign...i don't mind if you get the benefits in the process.

    I have the capacity for 3 hand written letters per day...and I am dead serious. We need numbers and a meagre 100 letters are going to get lost amongst thousands of letters that are received at Whitehouse everyday.





    jsb
    09-24 09:04 AM
    Another thread tells USCIS offices are shuttling cases around. See below

    http://immigrationvoice.org/forum/showthread.php?t=13685

    No one is sure where you case has been sent to (at least until you get receipt...or even after that). Weekly updates only tell about the cases each office decided to keep. No one knows about transferred (or yet undecided as to where to send) cases...weekly updates don't apply to them !!!



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