nashim
07-15 02:06 PM
Dear Attorney,
Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an I-485 pending through my current employer. Is it possible for me to file another I-485 through my future employer?
Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an I-485 pending through my current employer. Is it possible for me to file another I-485 through my future employer?
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saketkapur
07-09 05:22 PM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. Will I be able to interfile for her once my PD is current and she has completed her J1 waiver?
2. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. Will I be able to interfile for her once my PD is current and she has completed her J1 waiver?
2. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if you can provide some insight regarding the same.
regards
Saket Kapur
days_go_by
08-04 07:16 AM
08/04/2006: Final Rule of Labor Certification Substitution Elimination: Where Is It?
* A rumor starts surfacing in the immigrant community that the DOL is finalizing the rule-making process for this final rule and the rule may be published in the federal register in the near future. This rumor has not been confirmed by the DOL. Neither the OMB rule-making agenda reflects such request by the DOL. We will closely watch and monitor this rule-making process. Please stay tuned.
* A rumor starts surfacing in the immigrant community that the DOL is finalizing the rule-making process for this final rule and the rule may be published in the federal register in the near future. This rumor has not been confirmed by the DOL. Neither the OMB rule-making agenda reflects such request by the DOL. We will closely watch and monitor this rule-making process. Please stay tuned.
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chanduv23
02-16 01:22 PM
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)
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EB-VoiceImmigration
01-15 03:18 AM
i will certainly comment on this gcperm issue. I mean who is this guy ?? Has he messed up you peoples mind so bad that you keep seeing him everywhere. I mean what has he said that was so bad that you guys start frothing at you mouth and behaving like this.
:d:d:d:d
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amitga
02-15 08:32 AM
Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!
The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.
In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.
http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)
At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
http://en.wikipedia.org/wiki/Involuntary_servitude :
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.
The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.
In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.
http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)
At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
http://en.wikipedia.org/wiki/Involuntary_servitude :
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.
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arunmurthy
09-17 03:23 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
I think you are correct. Lets see how the next bulletin turns out to be.
I just pray EB3I moves to June 05.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
I think you are correct. Lets see how the next bulletin turns out to be.
I just pray EB3I moves to June 05.
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H1B-GC
02-06 02:44 PM
i consider Mathew Oh,the most considerate and highy respected.His Q&A's are very individual centric but still answers those questions and posts those on his site.He provides links to other sites like immigrationportal.com though both of them are in immigration business(Simply Amazing).And he was the only one who was helpling us or showing real concern during s.1932 fiasco.Simply an Oustanding guy.Next comes Rajiv khanna since he never moderates the forum or censors other immigration sites in the forum.And for his lawsuit on behalf of all EB immigrants in 2002/2003.
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
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eb3_nepa
06-28 12:54 PM
it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
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Macaca
07-04 12:17 PM
having family members like spouses and children fly in to the U.S. to be able to apply for a green card.
Please verify (with URL) that applicant + dependents have to be in US in order to apply!
Please verify (with URL) that applicant + dependents have to be in US in order to apply!
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greencard_fever
07-23 12:02 PM
USCIS is already did the ground work required to Use up all the left over visas. I am assuming based in the following theory
1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.
2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.
3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.
This what i am assuming by looking at the recent VB movement and GC approvals.
1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.
2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.
3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.
This what i am assuming by looking at the recent VB movement and GC approvals.
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sumagiri
07-25 11:00 AM
What you say can certainly happen, but I beleive that the pressure on USCIS is exponentially greater after last summer. People are watching their every step very closely. They got away with their inefficiency in prior years because the bottleneck was not USCIS - it was DOL that took a zillion years to clear labor petitions. Additionally the visa recapture of 2000 ensured no retrogression until 2005. Even after 2005 there were very few 485's to approve because of a) very low perm applications/approvals in 2005 and early 2006 and b) all the 2003/2004 labors were stuck in BEC's and were approved only in late 2006 or early 2007 (like your truly - mine was actually an RIR but the BEC classified it as Traditional Recruitment and began recruiting for the position - but thats another story).
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.
Net net; USCIS inefficiency was masked under DOL's backlog - but now their transgressions are out in the open and they cant hide anymore behind DOL especially after last summer.
As much as Ron Gotcher has been accurate in the past, I think he is missing the point this time. At an ulterior level he needs to show USCIS in poor light because he only recommends CP for his clients. If I were his client and I hear him say that this year USCIS is different then I am bound to switch over from CP to AOS!
I know. That is what I am exactly saying. All our calculations will be true when USCIS works efficiently for this year and continues to do so. And we all are hoping for that.
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snathan
01-15 06:17 PM
Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants
Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants
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H1B-GC
08-15 09:30 AM
Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.
mpadapa has given almost exact count on EB limit for 2008.
http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90
The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.
Do you Agree Mr.Rao?
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yetanotherguyinline
07-03 05:06 PM
Hi all,
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
digged it....but it just has 17 diggs now!!!
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
digged it....but it just has 17 diggs now!!!
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breddy2000
09-03 11:50 PM
This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
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nrk
09-17 03:16 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.
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unseenguy
06-11 07:59 PM
My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.
If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.
Makes sense now. Peace.
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.
If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.
Makes sense now. Peace.
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Keeme
05-12 03:25 PM
I think this forum is the wrong place to discuss any of this. The thread must be deleted.
I'm sorry, forgot to say ' GOOD BYE" when you declared 3 weeks back - you won't visit IV site any more and wanted to denounce your IV membership.
May I ask, what made you to change your mind ?
Dear, you won't get a good farewell party here ! Pl help youself !
I'm sorry, forgot to say ' GOOD BYE" when you declared 3 weeks back - you won't visit IV site any more and wanted to denounce your IV membership.
May I ask, what made you to change your mind ?
Dear, you won't get a good farewell party here ! Pl help youself !
gimme_GC2006
09-04 01:59 PM
I have no words to say about this incident.
I dont like YSR or as a matter of fact any politician.
All these helping poor people is a bullshit argument.
Free power, free health insurance, free this..free that..at whose expense??
he probably bankrupted GOVT (along with his buddy CBN).
I am glad that we have one less bad guy..more to go.
I dont like YSR or as a matter of fact any politician.
All these helping poor people is a bullshit argument.
Free power, free health insurance, free this..free that..at whose expense??
he probably bankrupted GOVT (along with his buddy CBN).
I am glad that we have one less bad guy..more to go.
satishku_2000
01-23 04:58 PM
I appreciate that, I dont want IV to be dragged into any unnecessary controversy ..
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