krishnam70
04-14 11:59 AM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
I am glad your file is back on track and kudos to IV for helping out in this dire situation. I think this needs to be a revelation to people who have been questioning IV's commitment to our cause. This case should not be construed as a template for individual calls to help for everybody. Your problem is unique and IV has been able to help. I only hope people dont start flooding the IV helpline with calls to pursue their individual cases based on delays in processing etc and then blame IV for not being able to help in their case.
This shows collective action and an honest organizational effort will go a long way in helping out the community and we should all share our responsibility in helping each other through IV.
- cheers
kris
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Devils_Advocate
05-19 09:12 PM
They should have a system like they have in UK, where they straight-away grant permanent residency to any international graduate from a list of top universities compiled by them.
mhssatya
01-28 08:52 AM
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
Sorry all, i couldn't find video in english. But the video says it all.
Chip locks which are normally used against terrorists and criminals are used
on students of tri valley univeristy.
It's a human rights, privacy issue at it's peak..
It's heart breaking to see like this..
There may be scam from students, university but it's also problem from consulate, USCIS etc.
This is ridiculous..
YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)
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lazycis
12-28 11:25 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
Leave on good terms with your current employer. If that's not possible and you have a good reason to believe that they'll withdraw I-140, conduct a pre-emptive strike and file AC21 papers with the USCIS (a new employment offer listing job title, duties, salary). That will eliminate or at least minimize a headache associated with I-140 withdrawal. Employer is free to withdraw I-140 at any time and the USCIS cannot prohibit it. However, even if I-140 is withdrawn, your I-485 remains valid if you have a new employment offer. So no worries, just plan for it and act according to your gut feeling :)
more...
eb3_nepa
02-19 12:30 PM
Guys as someone else has posted earlier, there is NO basis for asking for this.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
CP was created for getting your GC if you are OUTSIDE the US. It is now being conveniently used by people within the US to circumvent certain issues and to get the process approved earlier. EAD and AP are for people WITHIN the US.
So please talk to a lawyer about finding out how to convert a CP to an AOS and you can apply for your EAD and AP. IV cannot keep adding to the list of things to ask for. This point has been stated by the core members over and over again. Currently you cannot have it both ways ie get ur GC quicker through CP AND in the meantime enjoy the interim benefits of the EAD/AP.
Whether you have contributed or not is besides the point. The contribution is to speed up the GC process not for what each individual or smaller set of individuals want for their custom needs.
BOTTOM LINES:
1) IV is fighting for the ENTIRE GC process to be faster.
2) IV Cannot keep changing its goals and what it stands for.
Sorry if this sounds harsh, but that is the way things are and have always been.
niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
more...
Guig0
02-03 10:42 AM
You voted for me?? :beam:
you�re the best! :P
did i mentioned you have the best footer? ;)
thanks man, you made one kirupian happy =)
you�re the best! :P
did i mentioned you have the best footer? ;)
thanks man, you made one kirupian happy =)
2010 Alfa Romeo Autodelta 147 GTA
Raju
07-17 08:59 AM
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
more...
vin
09-19 08:12 PM
This is a constant struggle. Didn't you see lage raho munnabhai where munnabhai pitches a tent outside the landlord's house to win his favor.
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bugmenot
04-08 07:42 PM
ive heard that the masters quota got crazy full coz lots of student used desi consultants to get mulitiple employer petitions and flooded the masters quota
:mad:
:mad:
more...
Kitiara
02-04 05:05 AM
Methinks that next time I ought to forget an avant-garde approach and do something that doesn't look like a washed up sandcastle... :cyborg:
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Libra
01-11 03:59 PM
bump
more...
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am4gc
12-30 09:05 AM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
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LostInGCProcess
03-02 03:37 PM
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
Also I would like to add, the OP has stated that the house visit is from ICE(Immigration and Customs Enforcement) not USCIS officials...
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
Also I would like to add, the OP has stated that the house visit is from ICE(Immigration and Customs Enforcement) not USCIS officials...
more...
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mbawa2574
07-10 11:25 AM
He uses them in his programs for his selfish agenda. Otherwise he hates immigrants and non-white people. Expose this mother fucker. Lets setup LouDobbsSucks.com and get his ass fired from CNN. Time Warner understands the serious money they are making in a growing developing economy like India and If we hit money, they will get rid of Loooooooooo!!!!
:D
:D
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logiclife
07-06 02:09 PM
EDIT: According to Dr. Bahrainwala,this has been bumped to 7/7/07..
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
Link to Youtube video, courtesy of another IV member. Thanks are due to Dr. Bahrainwala.
Link to Youtube:http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html
Please rate the video after you view it.
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
Link to Youtube video, courtesy of another IV member. Thanks are due to Dr. Bahrainwala.
Link to Youtube:http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html
Please rate the video after you view it.
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
more...
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fcres
07-19 02:25 PM
(3) Note also the USCIS memo that went into effect by mid June:http://www.uscis.gov/files/pressrele...heet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page).
.
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page).
.
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
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ramineni11
05-17 12:09 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
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gcphul
09-21 02:46 PM
http://www.aila.org/content/default.aspx?docid=23290
kpatel_29
12-20 02:33 PM
NY consulate is even worst than others. After a month of trying to reach them regarding my passport application, they told me they never received my application nor my passport. I had to sent them shipping tracking info and eventually they found my application sitting in a drawer. Never bother to opened it till than. I had to go through some higher level rank person to get my case resolved. The customer rep. phone is always busy, never able to get a hold.. I don't have to visit them for next 10 years,,,, thank GOD..
brahmam
06-26 02:57 PM
I went to Kinko's .. $45 for 12 photos. Looks good, with no marks et al. one never knows ofcourse until one gets an RFE :D