styrum
02-09 04:21 PM
Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.[/QUOTE]
This is how they sabotage it! By the rule you must send the appeal to the same office that denied your PERM. Then they must send the appeal file to BALCA (and a copy to the employer IMMEDIATELY), but they pretend they never received it from you, I guess. They violate the law, but I don't know if we can do anything. Assembly the appeal file yourself and write to BALCA that you did file the appeal with the center (you have a proof that the mail has delivered it, right?) but it was them who, in violation of the law, haven't forwarded it to BALCA yet. 6 months can not be considered IMMEDIATE under any circumstances.
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.[/QUOTE]
This is how they sabotage it! By the rule you must send the appeal to the same office that denied your PERM. Then they must send the appeal file to BALCA (and a copy to the employer IMMEDIATELY), but they pretend they never received it from you, I guess. They violate the law, but I don't know if we can do anything. Assembly the appeal file yourself and write to BALCA that you did file the appeal with the center (you have a proof that the mail has delivered it, right?) but it was them who, in violation of the law, haven't forwarded it to BALCA yet. 6 months can not be considered IMMEDIATE under any circumstances.
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gdhiren
07-06 02:30 PM
Just a hypothetical question, if AILF withdrew from a lawsuit, then waht?
Dude, have faith. Think about the mass involved here, with a small contributin from everyone or even without there are many law firms which would be interested in filing lawsuits on our behalf.
Dude, have faith. Think about the mass involved here, with a small contributin from everyone or even without there are many law firms which would be interested in filing lawsuits on our behalf.
praveenat11
10-25 03:00 PM
Hi,
I have sumbitted my I-140,I-485 on Oct10 2007 in the category of EB1.
Today my check is encashed.
can anyone say what r the next steps...?
I have sumbitted my I-140,I-485 on Oct10 2007 in the category of EB1.
Today my check is encashed.
can anyone say what r the next steps...?
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gccovet
06-12 01:11 PM
It cannot be people vs terriblething. It could be state/federal agency v. terriblething. I agree that credibility of the complaint can be easily attacked if wife gives contradicting statement.
terriblething, you may want to read this
http://www.divorcenet.com/states/new_jersey/domestic_violence_defense
YOu are right, it would be "STATE" Vs terriblething. I wonder, why the neighbour gave "false" statement of hearing "help!...."?
Terriblething, looks like you were not in good terms with your neighbours or must have pissed them off in one way or other.
GCCovet
terriblething, you may want to read this
http://www.divorcenet.com/states/new_jersey/domestic_violence_defense
YOu are right, it would be "STATE" Vs terriblething. I wonder, why the neighbour gave "false" statement of hearing "help!...."?
Terriblething, looks like you were not in good terms with your neighbours or must have pissed them off in one way or other.
GCCovet
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chanduv23
10-07 06:21 PM
Just make sure you don't get yourself booked under DUI...
Unless they book u for riding MTA :)
Unless they book u for riding MTA :)
BharatPremi
10-25 10:37 AM
Vkkkk,
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
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kshitijnt
05-01 09:48 PM
For those of you who qualify, HSMP , I think is a much better option. There in UK the permanent residence is not dependent on employer and you can do your own consulting. Typical bill rates are 350 to 600 GBP per day based on skill level and years of experience.
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desi3933
06-24 11:55 PM
There is one more option for you. H1 and L1 employees can go on long paid/unpaid leaves. If her company can support with document that she was on an unpaid leave for any reason (I do not know the reasons...make something) then there are chances that she will be able to change her status back to H4. All you have to prove that there was a good faith employee employer relationship for that particular duration. Talk to a lawyer, explain the situation..........every passing day is making your situation worse. Good Luck.
It may work for someone who is out of status for couple of months, but if someone has not worked at all or out of status > 6 months, it will be tough.
Another thing if change of status is approved without I-94 and by then if I-485 is filed, then out of status is recorded and will be very difficult to overcome. It is always better if out of status issue is resolved BEFORE filing for I-485. Typically Change of Status can take 3-4 months and we may not have that much time to wait for I-485.
Trip overseas and re-entry can fix the out of status issue in couple of weeks.
Your choice.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
It may work for someone who is out of status for couple of months, but if someone has not worked at all or out of status > 6 months, it will be tough.
Another thing if change of status is approved without I-94 and by then if I-485 is filed, then out of status is recorded and will be very difficult to overcome. It is always better if out of status issue is resolved BEFORE filing for I-485. Typically Change of Status can take 3-4 months and we may not have that much time to wait for I-485.
Trip overseas and re-entry can fix the out of status issue in couple of weeks.
Your choice.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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easygoer
07-30 05:10 PM
Any idea what could be spillover nos?
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sanju
09-06 11:02 PM
although i strongly refute the possibility that hiring managers are eating money
Trust me my friend, I have seen it happen all the time, from large Telecom firm to Govt., its always there, most of the consultants just doesn't come to know about it, but the cut for the managers is there in some form, almost always. Why do each manager has a specific vendor through whom they want to hire most of the time? What else is the reason for the client to pay the consulting company $180/hr but they won't give 'valueablehurdle' anything more than $50-60/hr?
On a different note, now that NSG approved the waiver, most desi uncles, some of them are also owners of desi consulting companies will claim that they are the father of Nuclear deal. These bastards (sorry for my french) always oppose any GC fix and they tell their favorite congressman/senator (each has atleast one favorite politician for whom they do fund raisers) that gc backlog is not an important issue for the community. India Abroad, Times of India, rediff and other desi portals/newspapers will write 'Oliver North' style stories about these desi uncles knowing well that companies like GE etc put their weight behind the deal as it will create commerce to commerce over $20 billion/yr. But desi uncles/orgs will not stop claiming to be the father of nuclear deal. The fact is, most of these desi uncles made noise not because they wanted to do something for their country of birth, they are doing it because they think that if the nuclear deal passes, they can play middle man for US companies to sell the technology/material to Indian companies/govt. Most of the so called 'united voice of Indian-Americans on the Hill' organization's goal is to make big bucks by playing 'middle man' for companies wanting to sell technology to India. And as always, just as 'valuablehurdle''s client (paying $180/hr) Indian govt. will pay double the cost. These desi companies have squeezed blood of people waiting for gc, but now they think its time to move on to play big game with the big boys. These desi uncles/orgs are going nuclear.... time for Rediff and India Abroad to play Oliver North. Sometimes the line between capitalism and cycle of corruption is extremely blur. The problem is, these desi uncles/orgs claim to be representatives of entire Indian-American community, sometimes the entire immigrant community. They don't know more than 100 people, but they claim to be the leaders of all 2.5 million indian americans. Sorry for my french, but these bastards are the owners of desi consulting firms who have done a lot of harm to many communities.
Trust me my friend, I have seen it happen all the time, from large Telecom firm to Govt., its always there, most of the consultants just doesn't come to know about it, but the cut for the managers is there in some form, almost always. Why do each manager has a specific vendor through whom they want to hire most of the time? What else is the reason for the client to pay the consulting company $180/hr but they won't give 'valueablehurdle' anything more than $50-60/hr?
On a different note, now that NSG approved the waiver, most desi uncles, some of them are also owners of desi consulting companies will claim that they are the father of Nuclear deal. These bastards (sorry for my french) always oppose any GC fix and they tell their favorite congressman/senator (each has atleast one favorite politician for whom they do fund raisers) that gc backlog is not an important issue for the community. India Abroad, Times of India, rediff and other desi portals/newspapers will write 'Oliver North' style stories about these desi uncles knowing well that companies like GE etc put their weight behind the deal as it will create commerce to commerce over $20 billion/yr. But desi uncles/orgs will not stop claiming to be the father of nuclear deal. The fact is, most of these desi uncles made noise not because they wanted to do something for their country of birth, they are doing it because they think that if the nuclear deal passes, they can play middle man for US companies to sell the technology/material to Indian companies/govt. Most of the so called 'united voice of Indian-Americans on the Hill' organization's goal is to make big bucks by playing 'middle man' for companies wanting to sell technology to India. And as always, just as 'valuablehurdle''s client (paying $180/hr) Indian govt. will pay double the cost. These desi companies have squeezed blood of people waiting for gc, but now they think its time to move on to play big game with the big boys. These desi uncles/orgs are going nuclear.... time for Rediff and India Abroad to play Oliver North. Sometimes the line between capitalism and cycle of corruption is extremely blur. The problem is, these desi uncles/orgs claim to be representatives of entire Indian-American community, sometimes the entire immigrant community. They don't know more than 100 people, but they claim to be the leaders of all 2.5 million indian americans. Sorry for my french, but these bastards are the owners of desi consulting firms who have done a lot of harm to many communities.
more...
RandyK
10-05 10:19 AM
Finally some positive news
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geesee
07-16 11:01 AM
It shows your knowledge about life insurance, go check it out on web for senior citizens quote and why life expectancy is beyond 65 and how to pass wealth to heir
Please! do let me know if you find any insurance company offering a million dollar whole life insurance for $100 a month!! :eek::eek::eek:
As someone said, you really need good luck finding one!
Please! do let me know if you find any insurance company offering a million dollar whole life insurance for $100 a month!! :eek::eek::eek:
As someone said, you really need good luck finding one!
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senthil1
04-14 09:49 PM
Your employer might think that it is difficult to find a project in the current economic condition. Anyhow your husband started working there should not be any issue. You can join another company after 6 months.
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
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key_ket
11-08 01:14 PM
To all IV Members
I wish A Very Happy Diwali and Prosperous New Year.
God Bless
I wish A Very Happy Diwali and Prosperous New Year.
God Bless
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anna
06-28 01:58 PM
my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
Can somebody please clarify?
Can somebody please clarify?
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bestia
10-25 04:32 PM
....
EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
...
wait, Franklin,
1. Did you get already your GC approved?
2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.
3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.
EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
...
wait, Franklin,
1. Did you get already your GC approved?
2. I think you DO need PD to be current for GC approval. In best case scenario, GC could be approved in matter of 10-15 days, so for July filers there were some GC numbers available, and few lucky ones got their approvals. This is how I see it... please correct me if I'm wrong.
3. It would be interesting if shimul99 would share with us as when exactly his status was adjudicated. I've read somewhere that there are cases, that people got their GCs approved by mistake and lawyers suggested to inform CIS and return the GC. These people were then having their statuses adjudicated when their PDs were becoming current.
more...
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laborchic
05-07 01:32 PM
Is something being arranged on the chapter level as well?
I was there for rally and will also join for this one.
I was there for rally and will also join for this one.
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nrk
03-11 12:00 PM
No change in dates April Bulletin, so i am thinking the same trend will follow.
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ksrk
04-15 08:07 PM
Very sorry to hear this and our prayers are with you...hopefully all this will be settled soon and to your satisfaction.
First thing - try not to stress out about this. Really, your baby's health and your own are far more important than some stupid GC. Keep in mind that the less you stress yourself, the more likely the child birth will go peacefully and well.
Secondly, hire a good lawyer - it is well worth the expense and helps relieve your stress.
Thirdly, if possible, let someone else (such as your husband) drive the "discrimination" lawsuit if you think it is fit...helps give you some line of defense against the problem.
Regarding insurance, the employer must offer you COBRA. Also, not all insurance companies consider (or are allowed to consider) pregnancy as a pre-existing condition.
Keep the good focus in mind - let not this affect your baby. And at the same time, don't leave any option unexplored. There're plenty of suggestions in this thread. Ask your lawyer which ones you must explore...
And GOOD LUCK to you and your family! All will be well!
First thing - try not to stress out about this. Really, your baby's health and your own are far more important than some stupid GC. Keep in mind that the less you stress yourself, the more likely the child birth will go peacefully and well.
Secondly, hire a good lawyer - it is well worth the expense and helps relieve your stress.
Thirdly, if possible, let someone else (such as your husband) drive the "discrimination" lawsuit if you think it is fit...helps give you some line of defense against the problem.
Regarding insurance, the employer must offer you COBRA. Also, not all insurance companies consider (or are allowed to consider) pregnancy as a pre-existing condition.
Keep the good focus in mind - let not this affect your baby. And at the same time, don't leave any option unexplored. There're plenty of suggestions in this thread. Ask your lawyer which ones you must explore...
And GOOD LUCK to you and your family! All will be well!
xyzgc
01-22 12:06 AM
Why quote some other tracker site, Lets quote figures from tracker on this site. In my opinion that site is anti-immigrants because their business thrives when people's applications are pending, so they would not want the applications to be approved. That's my fundamental difference with them.
I don't agree. Sorry.
Although I do not like trackers, but we can help each other to make site tracker more popular
Agreed.
BTW, can you please update the data in your profile, as right now, the data is incorrect.
My PD and category is correct. I'll correct everything else.
I don't agree. Sorry.
Although I do not like trackers, but we can help each other to make site tracker more popular
Agreed.
BTW, can you please update the data in your profile, as right now, the data is incorrect.
My PD and category is correct. I'll correct everything else.
getgreened2010
09-27 10:14 AM
Hi I am applying advance parole for the first time, I am a july 2007 485 filer but never really cared to apply AP. Now I am planning to go to India in december what are my chances of getting my AP approved before that. Below are my case details:
Service Center - Texas
Method of filing - efile
Filing date - 08/30/2010
Received date - 08/30/2010
Documents Sent - 09/3/2010
Documents Received- 09/5/2010
LUD - 09/13/2010
RFE if any - None
Approved / denial - None
Service Center - Texas
Method of filing - efile
Filing date - 08/30/2010
Received date - 08/30/2010
Documents Sent - 09/3/2010
Documents Received- 09/5/2010
LUD - 09/13/2010
RFE if any - None
Approved / denial - None
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