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rockyrock
07-31 03:52 PM
Pappu, special thanks for researching this topic, and posting updates regularly.
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
Last week I too consulted a high profile (about $200 per 15 minutes... you should be able to guess, I am not sure I am alowed to mention the name) lawyer to discuss this issue. To give you a brief background, my lawyer did not include the Employment Verification letter
1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got last week.
Thanks!
just a question on #2 above - if you are filing second AOS with EVL, why not just withdraw the first AOS once you get the receipt? Wouldn't this be safer?
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legal_la
06-28 11:48 PM
My lawyer also uses fedex, I dont think fedex delivers on saturday so I guess I am fine , right ? (Unless fedex guy goes out of his way and delivers on saturday to improve his performance!!)
Yes you are fine as long as he does not choose saturday delivery, which is very highly unlikely, and I guess he might be aware that the application should reach only on or after 1st july.
Yes you are fine as long as he does not choose saturday delivery, which is very highly unlikely, and I guess he might be aware that the application should reach only on or after 1st july.
saimrathi
07-11 09:02 AM
Awww so sweet... Good job!!
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reno_john
06-21 09:35 AM
Folks,
My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?
I was curious about the FBI name check and I read the FAQ on Name check on FBI website, what it says that once your name check is in progress for a particular agency as in our case USCIS, it will reject any duplicate name check for that person. Also it says something about a await period of 120 or 180 days when a second name check cane be done based on the first is cleared and the wait time has elapsed. Check the FBI site and read the FAQ on this.
http://www.fbi.gov/page2/nationalnamecheck.htm
My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?
I was curious about the FBI name check and I read the FAQ on Name check on FBI website, what it says that once your name check is in progress for a particular agency as in our case USCIS, it will reject any duplicate name check for that person. Also it says something about a await period of 120 or 180 days when a second name check cane be done based on the first is cleared and the wait time has elapsed. Check the FBI site and read the FAQ on this.
http://www.fbi.gov/page2/nationalnamecheck.htm
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Hunter
05-09 01:57 PM
You guys are just too lazy to study new technologies that is ever changing. You are more interested in having beers and watching football
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
spouse485
01-24 12:18 PM
We are travelling next month and our travel agent wisely suggested and booked tickets for us via frankfurt by air india. He knows that london is a problem especially when you are coming back on AP.
After reading thru the painful story of milind, I feel that I should never go thru london.
Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?
After reading thru the painful story of milind, I feel that I should never go thru london.
Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?
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nkalpana
02-05 03:13 AM
Still waiting... guys please wish me well!!!
Regards,
NK
Regards,
NK
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GC_Info
04-06 12:14 AM
Hi,
My spouse is traveling to India soon as her father is ill. She is on H4 visa, valid until next year, with pending I-485. She doesn't have AP at hand. Given that there is a slim chance that our pds would be current, would she get into trouble if she is in India when her GC gets approved?:confused:
My spouse is traveling to India soon as her father is ill. She is on H4 visa, valid until next year, with pending I-485. She doesn't have AP at hand. Given that there is a slim chance that our pds would be current, would she get into trouble if she is in India when her GC gets approved?:confused:
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bfadlia
03-25 03:59 PM
Kaiser started this new rule to not hire folks on EADs as of last week.
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
!!!!!
I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
How the hell can they justify filing new GCs, but not accepting EAD!?
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
!!!!!
I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
How the hell can they justify filing new GCs, but not accepting EAD!?
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mojito_blender
06-21 03:01 PM
Does anyone know about the W2 form and 1040 tax return forms? I currently only have W2 and 1040 for the year 2006, but my lawyer says I need to submit the past three years. Is there any problem?
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pani_6
09-15 11:28 PM
Call them once, twice , thrice;)
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vban2007
08-16 01:57 PM
I got welcome notice last week but no news on wife's application.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
Opened SR, sent email, took infopass but no news..
Any idea how to move it forward.
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CADude
10-12 03:37 PM
Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>
Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
Thank you
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
Thank you
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
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vgayalu
10-05 08:35 AM
we got approval on our I-485 (PD Jan,2006).
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
Let me say congrats first.
Why it took upto October in your case?
Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?
Do you can suggest any thing?
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
Let me say congrats first.
Why it took upto October in your case?
Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?
Do you can suggest any thing?
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chanduv23
01-10 10:26 PM
Chanduv23:
I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.
Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.
I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.
I am pretty straight forward in my approach and do not know how to "sugarcoat". This is not my own organization, I am not the founder of this organization, I am just a member like you. While it is individual's choice of doing what they want to do, what I have noticed is that the negative energy does have cascading effect, especially when things do not happen, those who spread negative energy seem to influence people. Once again, this is individuals own perspective. The fact that things do not happen easily we have to blow trumphets into the ears of people. Like a member said sometime back "Eagles which never flew - would not dare to fly until they are pushed, and when they are pushed forcefully and dropped into the air - they automatically start flying".
I have done what I can in the best of my capacity and continue to do so, I have considered IV as a self help group and also conducted meetings in the tri state area and continue to motivate people to make them feel a sense for the community.
If you look at IV as YOUR organization - you can see why it is important to feel a sense for the community.
The biggest issue our community faces today is the flow of negative energy. To quote examples, I was able to convince some friends for the rally in DC. Everything was going well, now when these people discussed with their collegues they were reluctant and did not show interest. The negative energy prompted my friends not to attend the rally because they felt that not many people are going for it and they tried to convince me out of IV. Such negative energy flows everywhere in the community and we have to overcome it. We can do it only by example.
Look at all those other immigration forums where people are talking bad about IV including their administrators and their owners - people who follow those websites will hate IV and hinder all our efforts. Such negative energy when it is flowing at a greater level - will cause more and more damage to our community.
It is simple - if you attack me for what I do - you are spreading negative energy - you are making a common man take a back seat and not encourage them to cooperate
If I point at h1bmajdoor's posts - I am doing it just to make sure that the positive energy flows and negativity does not influence the community.
it is a tough battle especially when you have thousands of daggers pointing at you ready to poke you.
Well, you say I am a smartass - so be it.
And if you do not support the community - stay away - why poke at someone who is doing something?
I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.
Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.
I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.
I am pretty straight forward in my approach and do not know how to "sugarcoat". This is not my own organization, I am not the founder of this organization, I am just a member like you. While it is individual's choice of doing what they want to do, what I have noticed is that the negative energy does have cascading effect, especially when things do not happen, those who spread negative energy seem to influence people. Once again, this is individuals own perspective. The fact that things do not happen easily we have to blow trumphets into the ears of people. Like a member said sometime back "Eagles which never flew - would not dare to fly until they are pushed, and when they are pushed forcefully and dropped into the air - they automatically start flying".
I have done what I can in the best of my capacity and continue to do so, I have considered IV as a self help group and also conducted meetings in the tri state area and continue to motivate people to make them feel a sense for the community.
If you look at IV as YOUR organization - you can see why it is important to feel a sense for the community.
The biggest issue our community faces today is the flow of negative energy. To quote examples, I was able to convince some friends for the rally in DC. Everything was going well, now when these people discussed with their collegues they were reluctant and did not show interest. The negative energy prompted my friends not to attend the rally because they felt that not many people are going for it and they tried to convince me out of IV. Such negative energy flows everywhere in the community and we have to overcome it. We can do it only by example.
Look at all those other immigration forums where people are talking bad about IV including their administrators and their owners - people who follow those websites will hate IV and hinder all our efforts. Such negative energy when it is flowing at a greater level - will cause more and more damage to our community.
It is simple - if you attack me for what I do - you are spreading negative energy - you are making a common man take a back seat and not encourage them to cooperate
If I point at h1bmajdoor's posts - I am doing it just to make sure that the positive energy flows and negativity does not influence the community.
it is a tough battle especially when you have thousands of daggers pointing at you ready to poke you.
Well, you say I am a smartass - so be it.
And if you do not support the community - stay away - why poke at someone who is doing something?
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optimystic
03-24 04:00 PM
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
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
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
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
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l1fraud
06-12 06:59 PM
THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.
IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.[/QUOTE]
Hi Chandu,
Why should I reveal my identity?? Even the ICE Investigator with whom I am working has agreed for anonymity, In case you think that I am a american guy with anti-immigrant agenda I challenge you to set up a tele-conference where I can login without revealing my identity and I can prove my intentions, nationality or what ever you want ... (except for my personal details and specific violation details). I am here to fight a violation, please don't blame if you/your organisation would be impacted by this investigation.
Regarding the process for complaining please go to the below link "http://www.ice.gov/about/investigations/contact.htm" and see the main office for your state and call the investigations office and they would provide you the contact no. for your local officer (most of the cities would have local officers, their office would be along with other customs and immigration operations) and you can contact him directly and he would provide you the details for lodging a formal complaint. Please let me know if you need any further information regarding the same.
IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.[/QUOTE]
Hi Chandu,
Why should I reveal my identity?? Even the ICE Investigator with whom I am working has agreed for anonymity, In case you think that I am a american guy with anti-immigrant agenda I challenge you to set up a tele-conference where I can login without revealing my identity and I can prove my intentions, nationality or what ever you want ... (except for my personal details and specific violation details). I am here to fight a violation, please don't blame if you/your organisation would be impacted by this investigation.
Regarding the process for complaining please go to the below link "http://www.ice.gov/about/investigations/contact.htm" and see the main office for your state and call the investigations office and they would provide you the contact no. for your local officer (most of the cities would have local officers, their office would be along with other customs and immigration operations) and you can contact him directly and he would provide you the details for lodging a formal complaint. Please let me know if you need any further information regarding the same.
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chmur
11-07 02:48 PM
This verdict opens up another front for the IV core- Judiciary.
From my understanding , IV core has so far Lead/co-ordinated efforts to impress upon the congress and executive branch of the legal immigration issues.
Judiciary can be used to further exert pressure on congress. Because ultimately relief has to come from congress.
From my understanding , IV core has so far Lead/co-ordinated efforts to impress upon the congress and executive branch of the legal immigration issues.
Judiciary can be used to further exert pressure on congress. Because ultimately relief has to come from congress.
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sc3
08-20 11:02 PM
I got 3 negs.. not that I care about the reputation system here... but it shows people are unwilling to confront me openly, and choose to hide even though this forum is already anonymous.
One neg says:
"old system - like we're going to let that happen. interfile if you can."
Why should I interfile? I am putting my energies into getting USCIS to follow the rules. It is the right thing to do, just because I am willing to wait for my turn, doesn't mean I will cede my position in the queue.
Also, I am trying to take recourse from the written laws, there is nothing that anyone can do (barring USCIS' own impediment to follow the law) to not "let that happen".
One neg says:
"old system - like we're going to let that happen. interfile if you can."
Why should I interfile? I am putting my energies into getting USCIS to follow the rules. It is the right thing to do, just because I am willing to wait for my turn, doesn't mean I will cede my position in the queue.
Also, I am trying to take recourse from the written laws, there is nothing that anyone can do (barring USCIS' own impediment to follow the law) to not "let that happen".
caliguy
10-06 01:16 AM
@ fatjoe
Well, I dont think politeness works with USCIS, but do we really have a choice?
Yes, lets write to Secretary Napolitino. I will also send a copy of the letter to the first lady. I am not sure what else we can do besides that.
Once I get the sequence to call TSC using the POJ method, I will try calling them tomorrow.
Well, I dont think politeness works with USCIS, but do we really have a choice?
Yes, lets write to Secretary Napolitino. I will also send a copy of the letter to the first lady. I am not sure what else we can do besides that.
Once I get the sequence to call TSC using the POJ method, I will try calling them tomorrow.
drona
07-10 12:04 AM
The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!
http://blogs.ilw.com/gregsiskind/
http://blogs.ilw.com/gregsiskind/