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  • Canadian_Dream
    08-20 04:21 PM
    When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
    Try the following:
    1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
    2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
    3. Keep back-ups of all documents in this regard.


    This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.

    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.





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  • lonedesi
    04-01 05:25 PM
    Sent Fax #10





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  • onemorecame
    07-17 10:32 AM
    I cleared cookies, and refreshed my page around 100 time but everytime i am getting June one :confused:





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  • srgadi
    07-04 08:21 PM
    Aren't we over-estimating the overall $$ loss? Assuming we will eventually file for I-485, some of the fees that other members are mentioning are not really a waste.

    I spent about $2500 in attorney fees but I do not consider this a waste. The next time I file for my I-485, all my paperwork is ready and I am assuming my attorney won't charge me again (atleast not another $2500).

    I spent $360 for medical but it is valid for 1 year. If by any chance I can file for my I-485 within the next year, this is not a waste.

    Filing fees are all going to come back. So it should not be counted as money spent. Photos would also come back (hopefully).

    Only $$ loss I see as of now are the fedex charges and other micellaneous spendings. For me it is around $500. Not so bad....



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  • dingudi
    11-09 02:00 PM
    It would be nice if we can merge the two threads ; July Filers no FP, No SR + July Filers no FP, Opened SR. This way we can get a total count of number of people waiting for FP who are early July/June filers.


    This is just a suggestion.





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  • mhtanim
    12-03 08:29 PM
    Hi Guys,

    Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th

    Thanks,
    Kris

    Did you file a Service Request for FP Notice?



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  • Makaveli
    02-10 04:07 PM
    Originally posted by eilsoe
    lol, yearh right! :P

    Ask Kirupa to check which members voted, and them compare IP's! :bad:

    or.. whatever he does...



    I remember the last "cheater" we had here :P

    who WAS the last "cheater"

    ????





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  • nissan_1
    05-09 09:56 AM
    I was also in the same boat in 2005 from New Delhi Embassy..
    I had 2 earlier H1B visa stamp from Delhi and this was the third time and this time I got 221 (g) for additional processing...My one month vacation tunrs to three months and I can not tell that was a vacation...it was HELL...I called US embassy so many times...but no one picked up....so many emails..no response...finally after three months got a call that they got my clearnce..nexy day went to embassy and got stamped without a question. I did not get paid for that time period but I had to pay my rents and utility bills from India...

    Now my visa has expired and I missed the July boat...so I do not have AP..And I have to go to India for brothers marriage...I am pretty sure this time also I will have to go through this and I heard the name check wait time is 6 months now...I will definitely loose job...so I am in a situation of loosing my job or missing my brothers marriage...And my family memebers do not understand a thing about VISA problems :((. I have emailed New delhi embassy about my situation and asked them do my backgroud check in advance so that I can just go there and do the stamping..but they never replied....It's really frustrating to go through this when you never broke a single law in India and US..(I do not even download anything from web..man...)...



    I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.

    I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?

    I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.



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  • pady
    08-21 10:13 AM
    Office of Inspector General, they investigate all Labor Frauds





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  • asdcrajnet
    07-17 10:58 AM
    Nebraska
    --------
    I-90 Application to Replace Permanent Resident Card Initial issuance or replacement November 06, 2006
    I-90 Application to Replace Permanent Resident Card 10-year renewal October 08, 2005
    I-90A Application to Replace Permanent Resident Card Initial issuance or replacement for Special Agricultral Workers (SAW) January 13, 2007
    I-102 Application for Replacement/Initial Nonimmigrant Arrival/Departure Record Initial issuance or replacement of a Form I-94 March 22, 2007
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Visa to be issued abroad May 15, 2006
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Change of status in the U.S. May 15, 2006
    I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. May 15, 2006
    I-129 Petition for A Nonimmigrant Worker H-2A - Temporary workers June 30, 2007
    I-129 Petition for A Nonimmigrant Worker H-2B - Other temporary workers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker H-3 - Temporary trainees May 15, 2006
    I-129 Petition for A Nonimmigrant Worker L - Intracompany transfers June 15, 2007
    I-129 Petition for A Nonimmigrant Worker Blanket L May 15, 2006
    I-129 Petition for A Nonimmigrant Worker O - Extraordinary ability May 15, 2006
    I-129 Petition for A Nonimmigrant Worker P - Athletes, artists, and entertainers May 15, 2006
    I-129 Petition for A Nonimmigrant Worker Q - Cultural exchange visitors and exchange visitors participating in the Irish Peace process May 15, 2006
    I-129 Petition for A Nonimmigrant Worker R - Religious occupation May 15, 2006
    I-129 Petition for A Nonimmigrant Worker TN - North American Free Trade Agreement (NAFTA) professional May 15, 2006
    I-131 Application for Travel Document Permanent resident applying for a re-entry permit March 06, 2007
    I-131 Application for Travel Document Refugee or aslyee applying for a refugee travel document March 06, 2007
    I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole March 26, 2007
    I-131 Application for Travel Document Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole October 14, 2006
    I-131 Application for Travel Document All other applicants for advance parole March 26, 2007
    I-140 Immigrant Petition for Alien Worker Extraordinary ability October 03, 2006
    I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher December 11, 2006
    I-140 Immigrant Petition for Alien Worker Multinational executive or manager September 07, 2006
    I-140 Immigrant Petition for Alien Worker Schedule A Nurses September 18, 2006
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability September 14, 2006
    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver August 01, 2006
    I-140 Immigrant Petition for Alien Worker Skilled worker or professional October 06, 2006
    I-140 Immigrant Petition for Alien Worker Unskilled worker October 20, 2006
    I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal Readmission after deportation or removal January 13, 2007
    I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants January 13, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications August 20, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Based on grant of asylum more than 1 year ago February 01, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Based on refugee admission more than 1 year ago August 01, 2006
    I-485 Application to Register Permanent Residence or to Adjust Status Under the Haitian Refugee Immigrant Fairness Act (HRIFA) January 13, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act January 13, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change of status to H or L dependents April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change status to the F or M academic or vocational student categories April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Change Status to the J exchange visitor category April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other change of status applications April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of stay for H and L dependents April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for F or M academic or vocational students April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status Extension of Stay for J exchange visitors April 04, 2007
    I-539 Application to Extend/Change Nonimmigrant Status All other extension applications April 04, 2007
    I-612 Application for Waiver of the Foreign Residence Requirement Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution December 15, 2006
    I-730 Refugee/Asylee Relative Petition Petition for accompanying family members of a refugee or an asylee July 20, 2006
    I-751 Petition to Remove the Conditions on Residence Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents November 12, 2006
    I-765 Application for Employment Authorization Based on an approved asylum application [(a)(5)] June 16, 2007
    I-765 Application for Employment Authorization Based on a request by a qualified F-1 academic student. [(c)(3)] April 28, 2007
    I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] June 16, 2007
    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007
    I-765 Application for Employment Authorization All other applications for employment authorization April 27, 2007
    I-817 Application for Family Unity Benefits Voluntary departure under the family unity program January 13, 2007
    I-824 Application for Action on an Approved Application or Petition To request further action on an approved application or petition November 29, 2006



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  • n2b
    12-28 10:29 AM
    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.





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  • swamy
    04-23 06:30 PM
    if only the bill was in place 3 centuries ago we wouldnt have had all these problems...& anyone who thinks this is against only hispanics is daydreaming!arizona has a ton of international students who are going to be targetted too!no ruckus on campus between white & non-white students will be reported anymore so racists will potentially get away with anything and everything. as it is the terminolgy calling legal immigrants 'aliens' and 'parolee' &what not is demeaning & confusing butnow add to it the local overenthusiastic minuteman type police checking ur i94 & seeing advance parole status-will make helluva interaction!while democrats are cynically playing politics republicans are actually acting on their agenda.



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  • nrk
    10-29 02:58 PM
    Thanks for the reply
    I don't have a muslim name. I am a Hindu so as my name.
    Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.

    But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.

    Maybe this is triggering delays but it should be ok.. do you have a muslim name? It may be that processing is slightly slower for muslims who have spent time in the middle-east.. it is a good idea to avoid travelling to places like Dubai etc - I know people get questioned more when they arrive from these places to the US.





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  • venky08
    12-29 03:07 AM
    thanks logiclife for answering my question. as suggested i will consult with my attorney.



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  • cliffmacnab
    12-03 04:13 PM
    FBI Name Checks Latest

    Immigration Daily's recent comment (11/30/07 ID) on the status of FBI name check delays resulted in the following response from USCIS Office of Communications Bill Wright:

    Immigration Daily's 11/30/07 comment, "FBI Delays to End," is not telling the entire story. USCIS and the FBI are working together to process name checks as quickly as possible without compromising security or public safety. To this end, we have examined the existing name check system and acted to address the problem through two strategies: (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks. Please note, however, USCIS continues to require FBI name checks for the same categories of applications and no case will be approved without a cleared name check. We will continue to work with the FBI to reduce waiting times; but, not at the expense of national security and public safety.

    Separately, Immigration Daily has learned that USCIS expects a 40% reduction in FBI name check delays by year-end. This reduction will be achieved largely through the allocation of additional resources and a more streamlined process. This information supports DHS Secretary Chertoff's earlier statement that applications that were previously ensnared in the name check delays will be cleared quickly. However, he cautioned that a small number of checks will still be delayed by investigations.

    We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.





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  • myvoice23
    08-07 12:28 PM
    Hello myvoice23 ---

    How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.

    I am stuck with NC...my PD is 09/2004...

    Kiran

    not sure. What I got msg from IO when I went had infopass appointment.



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  • FinalGC
    05-13 03:34 PM
    I suggest you wait and see if you can reconcile your differences......Marriage is a life long commitment. Remember we fall in love and we work on our marriages. Try reading the book called "5 Love Languages" by Gary Chapman....It is an excellent book for couples who are on the verge of breaking or even for couples who want to enhance their married life.

    Sorry I do not have any advice for you, except that you try to get back together....which will help you avoid refiling 485 or refiling Labor......The choice is yours!!!





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  • gcformeornot
    12-26 09:10 PM
    First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D

    For these, what is or is not happening in Bangalore is completely irrelevant.
    Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.

    Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.

    When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.

    This is why it is in the best interest of companies to support EB GCs.

    most of the US companies don't look for cheapest person availiable. They are willing to pay whatever they pay to other employees. They just want right person with stability in mind. Most cheaply paid persons are not stable and happy.... they leave employer as soon as they get a $100/month+ offer.....
    So I agree 100%. Even the company I work for is doing same. They are willing to pay me equal benefits..... and they are waiting for GC to come thr'......





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  • marwan234
    09-19 12:35 PM
    in my case, i can tell you that i found CSC to be faster in processing EAD and AP then NSC or TSC. just look at my details below.
    the only disadvantage is that it will take a while for FP appointment.
    still have not received mine.





    ras
    05-20 02:23 AM
    nothing against this thread but also please support the below cause. It helps reduce the backlogged applicants.

    http://immigrationvoice.org/forum/showthread.php?p=342274#post342274





    number30
    04-09 02:37 PM
    Filing Fee is not enclosed as it is USCIS service error.
    (This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).



    Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.



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