deecha
07-21 07:58 PM
Hi, Please let me know your thought on my situation. I was on H1 thru Company A. I don't have pay stubs for the last 3 months of 2005 since i was on bench, but got the salary that is mentioned on LCA in pay stubs till end of Sept. When I asked my employer to pay me for the time on bench he said that he has paid the LCA salary and doesn't have to pay.
So having said that, am I in Status or Out of Status?
I would think that you are out of status for those 3 months, because one of clauses of the of the employer-employee relationship, governed by your employment contract, was violated (by you not being paid.)
Your employers ability not to pay, is not your fault. If/when you file for your 485, have your lawyer draft up affidavits to this effect. I am not a lawyer, consult a good lawyer for the best advice.
So having said that, am I in Status or Out of Status?
I would think that you are out of status for those 3 months, because one of clauses of the of the employer-employee relationship, governed by your employment contract, was violated (by you not being paid.)
Your employers ability not to pay, is not your fault. If/when you file for your 485, have your lawyer draft up affidavits to this effect. I am not a lawyer, consult a good lawyer for the best advice.
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sanju_dba
06-09 01:03 PM
Hi Guys
I want to bring up one point very clearly. Guys there is no one in Washington DC offices talking about the difficulties we are facing other than IV organization members . We need to lobby the lawmakers
3. Donate what ever we can ( 10 , 20 , 30$ etc..) to our cause in IV .
Thanks Redds777!
For this event we did fund raising and that helped the cause. for the Lobby efforts is there any number that IV want to publish and members will get inspired again!
I want to bring up one point very clearly. Guys there is no one in Washington DC offices talking about the difficulties we are facing other than IV organization members . We need to lobby the lawmakers
3. Donate what ever we can ( 10 , 20 , 30$ etc..) to our cause in IV .
Thanks Redds777!
For this event we did fund raising and that helped the cause. for the Lobby efforts is there any number that IV want to publish and members will get inspired again!
paskal
12-18 05:19 PM
we are off to a good start!
those reading- plesae join in.....!
those reading- plesae join in.....!
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santb1975
11-27 07:05 PM
All you need to do is login to paypal, click on send money and type in donations@immigrationvoice.org corresponding to the sender. Please let me know if you have any issues. Thanks for comming forward to contribute
Thanks for your response!
Thanks for your response!
more...
glus
08-26 09:21 AM
This interview EXPOSED how un-informed and careless and whimsical are IOs in handling cases. MEMO should have been framed on their desks/mind....we don't have to remind these guys. In one moment they can deny as important a petition as AOS and just in a flash second they can approve it. They won't make any effort to dig out relevant info. It is like fliping a coin...plain luck when it comes to GC.
God BLESS all those current...Amen!!!
The problem with the IOs is that they have so much work they don't have time to look at the folders for long. Some time ago I attended interview of my fiance's - she was sponsored by her mom. This was such a shock to me, the IO had NO IDEA what was in folder, asked stupid questions and attempted to deny the case improperly - and then I kicked in and explained the story.... That really sucks.
God BLESS all those current...Amen!!!
The problem with the IOs is that they have so much work they don't have time to look at the folders for long. Some time ago I attended interview of my fiance's - she was sponsored by her mom. This was such a shock to me, the IO had NO IDEA what was in folder, asked stupid questions and attempted to deny the case improperly - and then I kicked in and explained the story.... That really sucks.
dvb123
07-10 12:30 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.
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.
more...
needhelp!
11-16 03:34 PM
Thanks agilesh!
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eb3_nepa
08-14 01:37 PM
Can you let us know how to access LUD from USCIS after login? I think many will appreciate if you do so
Ok Here goes:
1) Go to https://egov.uscis.gov/cris/jsps/selectusertype.jsp
2) Click on "To register as an applicant customer click here."
3) Accept the Terms and Conditions
4) Enter the information CORRECTLY.
5) Once done enter your I-140 SRC, LIN etc number without dashes by adding a case.
6) Either immediately or after a day or so, IF there is an update on ur I-140 LUD you will see it.
Ok Here goes:
1) Go to https://egov.uscis.gov/cris/jsps/selectusertype.jsp
2) Click on "To register as an applicant customer click here."
3) Accept the Terms and Conditions
4) Enter the information CORRECTLY.
5) Once done enter your I-140 SRC, LIN etc number without dashes by adding a case.
6) Either immediately or after a day or so, IF there is an update on ur I-140 LUD you will see it.
more...
perm2gc
07-17 07:00 PM
Friends. you have today witnessed what our collective strength can do and it is time that we spread a word about immigration voice and encourage your friends and families to join as a gratitude to IV .Please don't forget that the root cause of the problems still exist and we have to achieve it.
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gimme_GC2006
08-25 11:41 PM
One Psycho gave me this red dot for posting my interview experience.
I'm really happy to hear this. Serves you right for making calls and taking InfoPass all the time. You are unfairly trying to get ahead of others and lowering the productivity of USCIS. Let them work.
See the attachment for screen shot...red_by_psycho.jpg and enjoy.
Hey..Sicko..get some help.:D:D
Also, my message to you..
Instead of me letting USCIS do their work (in a way, i am calling them to remind their work..or probably you should tell IV folks to shut down everything and let USCIS do their work..a**hole....) probably you can quit job and go back to your country..I am sure you will do a great job of Lorry driver or cleaner (their psyche seems to match yours..sorry, lorry brothers no offense to you)
I guess you can shut your pie hole now..
I'm really happy to hear this. Serves you right for making calls and taking InfoPass all the time. You are unfairly trying to get ahead of others and lowering the productivity of USCIS. Let them work.
See the attachment for screen shot...red_by_psycho.jpg and enjoy.
Hey..Sicko..get some help.:D:D
Also, my message to you..
Instead of me letting USCIS do their work (in a way, i am calling them to remind their work..or probably you should tell IV folks to shut down everything and let USCIS do their work..a**hole....) probably you can quit job and go back to your country..I am sure you will do a great job of Lorry driver or cleaner (their psyche seems to match yours..sorry, lorry brothers no offense to you)
I guess you can shut your pie hole now..
more...
alisa
02-04 09:55 AM
I agree that this topic should be researched, and we should have all possible statistics/data on it.
I tried to locate on immigration.com, but I couldn't find the information. I will continue to look.
If Mr Chandu, or Mr Unitednations could quickly locate the links, and post them here, I (we) would be greatful.
People in this forum are about 1.5 years behind in the understanding of retrogression (all of these issues have been dissected, diseminated, corroborated, etc.); how the law works; what visa bulletin said in November 2005. dissecting numbers, etc.
There is much deeper understanding of this on immigration.com since it has been going on for a while. Chandu is a member there and has been following it and participating on it.
I would think something as important as this; one would research it to death and get all possible statistics on it. All these things have already been laid out in great detail very long ago.
Don't know why you are irritated??? Maybe you should research it with the law and the various statistics by uscis, dol, dos and see what conclusions you can come up with.
I tried to locate on immigration.com, but I couldn't find the information. I will continue to look.
If Mr Chandu, or Mr Unitednations could quickly locate the links, and post them here, I (we) would be greatful.
People in this forum are about 1.5 years behind in the understanding of retrogression (all of these issues have been dissected, diseminated, corroborated, etc.); how the law works; what visa bulletin said in November 2005. dissecting numbers, etc.
There is much deeper understanding of this on immigration.com since it has been going on for a while. Chandu is a member there and has been following it and participating on it.
I would think something as important as this; one would research it to death and get all possible statistics on it. All these things have already been laid out in great detail very long ago.
Don't know why you are irritated??? Maybe you should research it with the law and the various statistics by uscis, dol, dos and see what conclusions you can come up with.
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mdumar
03-09 04:20 PM
Doubled my pledge from $25 to $50.
==========================================
Donation to Support Immigration Voice (User: mdumar)
Unique Transaction ID #93K29071YA807004J
==========================================
==========================================
Donation to Support Immigration Voice (User: mdumar)
Unique Transaction ID #93K29071YA807004J
==========================================
more...
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Macaca
02-02 09:16 PM
Is there a USCIS URL/publication that explains the following? Thanks.
These should be USCIS rules like IRS rules. Everyone should be entitled to see them like IRS rules.
If you have 140K visas, how many go to
EB1
EB2 ROW, EB2 India, EB2 China, EB2 phillipines
EB3 ROW, EB3 Indian, EB3 China, EB3 Phillipines?
What happens with EB1 has unused visas? How do they flow?
What happens with EB2 has unused visas? Where do they go?
These should be USCIS rules like IRS rules. Everyone should be entitled to see them like IRS rules.
If you have 140K visas, how many go to
EB1
EB2 ROW, EB2 India, EB2 China, EB2 phillipines
EB3 ROW, EB3 Indian, EB3 China, EB3 Phillipines?
What happens with EB1 has unused visas? How do they flow?
What happens with EB2 has unused visas? Where do they go?
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ItIsNotFunny
06-09 03:56 PM
Advocacy day is going well. There are about 300 meetings being planed between today and tomorrow. Its very hectic in the situation room.
This afternoon USCIS Ombudsman came to meet us in the situation room and spoke with the members. More details and pictures will be posted soon. Stay tuned.
This is one of the most important event conducted. I feel bad that I couldn't attend in person.
Kudos and special thanks to everyone who made this happen.
This afternoon USCIS Ombudsman came to meet us in the situation room and spoke with the members. More details and pictures will be posted soon. Stay tuned.
This is one of the most important event conducted. I feel bad that I couldn't attend in person.
Kudos and special thanks to everyone who made this happen.
more...
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sugaur
12-07 12:07 AM
I think it all boils down to this scenerio
you have a seriously injured uninvited person in your front lawn about to die. what are you gonna do ?
Some people would want that 'problem' to go away and some would want to help the person. Our actions make what we are ..
BTW if anyone is interested, child birth generates 9 dols (measure of pain) of pain and at 10 dols a person dies. 9 dols is maximum pain a human being can suffer.
Take your pick.
Guys, we are all educated here and I believe have a higher IQ than your average Joe. So why dont you see that this is not about helping a fellow human being in need. Everyone should do that. The sheriffs dept took her to the hospital to ensure that in case there is any complication, things could be take care of. Why? Because its the law and the majority in this country respect the law. No one, even illegals, can be denied emergent care. This would not happen if she were in Mexico or India. No free medical care there, and no one gives a shit about the rights of prisoners there. So what happens next? This woman, WHO HAS NO BUSINESS BEING IN THIS COUNTRY, goes to her advocacy group who arrange to have an article in the news that tries to portray this as if the sheriff forced her to deliver in a prison. This is all to garner sympathy for the illegal immigrant. We should know better and see through their guile. The illegal lobby is the main reason why there is no chance for meaningful reform for legal immigrants to be passed. They insist on linking us to them.
If every one decides to choose for themselves which law they will obey and which they will ignore, society can not exist. And as I pointed out in my previous post, this woman has a history of repeated violations of the law and is NOT a victim that this biased article tries to portray her as.
And your theory about child birth leading to near death like pain is absolutely baseless. Pain is a subjective phenomenon and what is expireinced as a 9/10 by some hysterical yuppy, will be a 0 to others. Childbirth is a NATURAL phenomenon. Ask your grandma and she will tell you how every one delivered without epidurals and caeserians at her time.
you have a seriously injured uninvited person in your front lawn about to die. what are you gonna do ?
Some people would want that 'problem' to go away and some would want to help the person. Our actions make what we are ..
BTW if anyone is interested, child birth generates 9 dols (measure of pain) of pain and at 10 dols a person dies. 9 dols is maximum pain a human being can suffer.
Take your pick.
Guys, we are all educated here and I believe have a higher IQ than your average Joe. So why dont you see that this is not about helping a fellow human being in need. Everyone should do that. The sheriffs dept took her to the hospital to ensure that in case there is any complication, things could be take care of. Why? Because its the law and the majority in this country respect the law. No one, even illegals, can be denied emergent care. This would not happen if she were in Mexico or India. No free medical care there, and no one gives a shit about the rights of prisoners there. So what happens next? This woman, WHO HAS NO BUSINESS BEING IN THIS COUNTRY, goes to her advocacy group who arrange to have an article in the news that tries to portray this as if the sheriff forced her to deliver in a prison. This is all to garner sympathy for the illegal immigrant. We should know better and see through their guile. The illegal lobby is the main reason why there is no chance for meaningful reform for legal immigrants to be passed. They insist on linking us to them.
If every one decides to choose for themselves which law they will obey and which they will ignore, society can not exist. And as I pointed out in my previous post, this woman has a history of repeated violations of the law and is NOT a victim that this biased article tries to portray her as.
And your theory about child birth leading to near death like pain is absolutely baseless. Pain is a subjective phenomenon and what is expireinced as a 9/10 by some hysterical yuppy, will be a 0 to others. Childbirth is a NATURAL phenomenon. Ask your grandma and she will tell you how every one delivered without epidurals and caeserians at her time.
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InTheMoment
02-26 12:14 PM
realizeit,
Good proposal and initiative....but few points you should note that others might also have brought out.
1.) Pre-adjudication (process I-485, send RFE etc. just short of visa number allocation)
is already prevalent in USCIS and has been since several years now.
Just google for "pre-adjudication USCIS" ...but this might just suffice:
judiciary.house.gov/hearings/pdf/USCIS080430.pdf (judiciary.house.gov/hearings/pdf/USCIS080430.pdf)
page 2
How else do you think thousands of visa numbers were assigned and GC's
issued in June 2007?
2.) Lawmakers will be throughly opposed to the idea of a pseudo GC as given in your
proposal, that would be tantamount to diminishing the value of adjusting the status
and visa allocation as it stands in the INA now.
3.) That said...I completely agree that as a baby step USCIS should make the pre-adjudication
transparent to the applicants in the "case status online" to relieve the applicants of
mental agony.
Good proposal and initiative....but few points you should note that others might also have brought out.
1.) Pre-adjudication (process I-485, send RFE etc. just short of visa number allocation)
is already prevalent in USCIS and has been since several years now.
Just google for "pre-adjudication USCIS" ...but this might just suffice:
judiciary.house.gov/hearings/pdf/USCIS080430.pdf (judiciary.house.gov/hearings/pdf/USCIS080430.pdf)
page 2
How else do you think thousands of visa numbers were assigned and GC's
issued in June 2007?
2.) Lawmakers will be throughly opposed to the idea of a pseudo GC as given in your
proposal, that would be tantamount to diminishing the value of adjusting the status
and visa allocation as it stands in the INA now.
3.) That said...I completely agree that as a baby step USCIS should make the pre-adjudication
transparent to the applicants in the "case status online" to relieve the applicants of
mental agony.
more...
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americandesi
11-11 06:05 PM
Let’s not assume things here. This person didn't even mention that his I-485 is pending.
Now let’s get rational rather than getting emotional. Here's the "Handbook for Employers" published by USCIS
http://www.uscis.gov/files/nativedocuments/m-274.pdf
Refer the following from Page (3) on I-9 requirements
These requirements apply to all employers, including:
1. Agricultural associations, agricultural employers or farm labor contractors who employ, recruit or refer people for a fee; and
2. Those who employ anyone for domestic work in their private home on a regular basis (such as every week).
Refer the following from Page (17) and (18) on Criminal Penalties
2. Criminal Penalties
a. Engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens
Persons or entities who are convicted of having engaged in a pattern or practice of knowingly hiring unauthorized aliens (or continuing to employ aliens knowing that they are or have become unauthorized to work in the United States) after
November 6, 1986, may face fines of up to $3,000 per employee and/or six months imprisonment.
So the worst that could happen is that our friend ends up paying $3,000. Also note that I-485 will be in trouble if and only if the prison term in more than 1 year (or) if the beneficiary had failed to include his arrest record on his I-485 application. Besides that, there are many waivers available for first time convictions.
When USCIS is protecting illegal aliens through "U Visas", wouldn't they be considerate on a case involving the baby of a legal alien?
Going by the above, it makes sense for "thunderbolt" to take help from a qualified attorney and report this case to cops. Posting the video in youtube or bashing the Nanny is Sulekha/citysearch is all fine. But when you child grows up and asks what you did when he was abused as by the nanny, you don't wanna answer "Dear child! I took the video footage of the abuse, showed it to my friends and posted it on you tube and then I bashed her with my comments on sulekha/citysearch."
Hence if there's any justice to be done for the poor soul who couldn't even express himself, then take the evil nanny to cops. Or else you're just letting everyone to walk all over you like a doormat.
Now let’s get rational rather than getting emotional. Here's the "Handbook for Employers" published by USCIS
http://www.uscis.gov/files/nativedocuments/m-274.pdf
Refer the following from Page (3) on I-9 requirements
These requirements apply to all employers, including:
1. Agricultural associations, agricultural employers or farm labor contractors who employ, recruit or refer people for a fee; and
2. Those who employ anyone for domestic work in their private home on a regular basis (such as every week).
Refer the following from Page (17) and (18) on Criminal Penalties
2. Criminal Penalties
a. Engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens
Persons or entities who are convicted of having engaged in a pattern or practice of knowingly hiring unauthorized aliens (or continuing to employ aliens knowing that they are or have become unauthorized to work in the United States) after
November 6, 1986, may face fines of up to $3,000 per employee and/or six months imprisonment.
So the worst that could happen is that our friend ends up paying $3,000. Also note that I-485 will be in trouble if and only if the prison term in more than 1 year (or) if the beneficiary had failed to include his arrest record on his I-485 application. Besides that, there are many waivers available for first time convictions.
When USCIS is protecting illegal aliens through "U Visas", wouldn't they be considerate on a case involving the baby of a legal alien?
Going by the above, it makes sense for "thunderbolt" to take help from a qualified attorney and report this case to cops. Posting the video in youtube or bashing the Nanny is Sulekha/citysearch is all fine. But when you child grows up and asks what you did when he was abused as by the nanny, you don't wanna answer "Dear child! I took the video footage of the abuse, showed it to my friends and posted it on you tube and then I bashed her with my comments on sulekha/citysearch."
Hence if there's any justice to be done for the poor soul who couldn't even express himself, then take the evil nanny to cops. Or else you're just letting everyone to walk all over you like a doormat.
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Macaca
02-04 06:50 PM
Who can sue them? A non-US citizen? An organization?
A US Citizen can ask for a PIL??
USCIS gives a rats ass to US citizens. I know cases where they have told US citizens (caucasians) to f*ck off. They have changed their tone these days but the message is the same. I saw a posting at some US web site that politely asks US citizens to f*ck off.
Any one can sue them. The question is : what will you get? What did Khanna get?
A US Citizen can ask for a PIL??
USCIS gives a rats ass to US citizens. I know cases where they have told US citizens (caucasians) to f*ck off. They have changed their tone these days but the message is the same. I saw a posting at some US web site that politely asks US citizens to f*ck off.
Any one can sue them. The question is : what will you get? What did Khanna get?
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WaitingForMyGC
07-17 09:08 PM
Great JOB, IV. You are the best.
sam2006
09-08 02:32 PM
Guys lets just ignore the looser ( one of the 15% )
he is just FINE ( Freaked out Insecure Neurotic Emotional) hanging around in IV
no more replies
he is just FINE ( Freaked out Insecure Neurotic Emotional) hanging around in IV
no more replies
chintu25
08-21 04:29 PM
THIS INFO COULD VERY WELL BE CORRECT FOR THE MONTH OF AUGUST.
DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.
The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.
The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates
DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.
The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.
The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates
