gk_2000
05-23 10:35 PM
Oh well, it means at least they read our letters
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bottlemani
11-20 01:37 PM
Thanks qplearn and pappu. Folks in NY, please join the NY state chapter thread.
gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
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gzpain
12-17 12:01 PM
I haven't contributed yet, but I would like to do. Can one of you please add my email address to WI state chapter.
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prince_waiting
09-11 12:58 PM
Given the general apathy and hatred towards the term 'H1B' most anti immigrant groups after the rally are likely to come up with headlines/captions for their stories such as 'H1B Temporary workers rally in Washington' and so on. During the flower campaign I happened to come across such a headline on steireport.com, 'H1B workers in flowery protest' or something on similar lines. These anti immigrant groups deliberately downplay the term 'High Skilled Immigrants'.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
clif
08-12 02:25 PM
Elaine, thank you for your prompt reply. And radhay, thank you too.
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wellwishergc
02-27 12:51 PM
I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..
My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.
I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.
My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails
Just thinking out loud here.
My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.
I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.
My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails
Just thinking out loud here.
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f1USvisaholder
08-08 06:02 PM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
Hi Ashu...
We have not done anything to my passport yet. We initially thought of getting my name changed but for now we have kept it in the "to do list".. Not sure when will be able to get to it...
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
Hi Ashu...
We have not done anything to my passport yet. We initially thought of getting my name changed but for now we have kept it in the "to do list".. Not sure when will be able to get to it...
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immigrant2007
03-21 11:52 AM
Please change the title to "300 Illegal Immigrants with Criminal Records Arrested in Texas". Don't set a false alarm.
technically by definition how an an illegal achieve the status of immigrant? I gues you meant illegal aliens? just kidding
technically by definition how an an illegal achieve the status of immigrant? I gues you meant illegal aliens? just kidding
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catchagarwal
05-04 09:16 PM
I am on the same boat :(. Company A is sending me emails every week from past 1 month. Today he sent me a mail saying his legal attorney has started preparing a case against me. I want to be prepared for any legal action. What should i do? Please help
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imconfused
06-29 08:17 AM
the I-94 stapled to my passport says 20feb2008, since my passport expires on the same day. dont i have to get a new I-94? though 797 is valid more than 1 yr?
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ho_gaya_kaya_?
11-19 11:26 AM
I got my receipts last weekend
It was some what similar story for me.
I my case my wife's app and mine got separated-
Mine got rejected on grounds of incorrect fees (there was a single check)
my wifes app turned up after a month or so
we refiled and got the receipts
I am now trying to find out what to expect for EAD and AP
I wonder if special handling cases get a better turnaround
Keep me posted with what happens with you- and maybe we can start to geta n ide as to what to expect next
It was some what similar story for me.
I my case my wife's app and mine got separated-
Mine got rejected on grounds of incorrect fees (there was a single check)
my wifes app turned up after a month or so
we refiled and got the receipts
I am now trying to find out what to expect for EAD and AP
I wonder if special handling cases get a better turnaround
Keep me posted with what happens with you- and maybe we can start to geta n ide as to what to expect next
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11-17 08:48 AM
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imconfused
06-29 08:17 AM
the I-94 stapled to my passport says 20feb2008, since my passport expires on the same day. dont i have to get a new I-94? though 797 is valid more than 1 yr?
more...
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donsimahajan
06-21 05:15 PM
I-485 processing times are mentioned here:
http://www.trackins.com/immigrationtrackers/i485-graph/
http://www.trackins.com/immigrationtrackers/i485-graph/
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yabadaba
03-25 02:45 PM
hey guys they are also asking for itenary details. so does that mean i need to book my ticket before that? can i not get my visa and then book my tix?
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like_watching_paint_dry
03-11 10:36 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
Run-out? Or LBW?
Run-out? Or LBW?
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avantika.nandamuri
04-08 09:26 PM
As soon I got the receipt number, I started working for Company B. Now I have paystubs for almost 8 months. With those pay stubs, can i transfer to company C? If Company C files for a H1 transfer, with which H1B receipt will he file for transfer-H1B approval copy of employer A or H1B receipt of employer B? My attorney feels that my H1 transfer petition with Company B has got stuck in a security/background check, since USCIS has not responded to 2 SR's placed by my attorney and added that PP will not help if my petition got stuck in security check.
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Karthikthiru
06-22 10:06 AM
I already checked with my attorney - a scanned copy is enough
Karthik
Karthik
Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
gchopeful2
08-15 09:26 AM
I'm in the same situation. There is a 1 letter difference in my Father's name in the passport and in my birth certificate.
My lawyer went ahead and filed my 485. I did an affidavit later and sent it to the lawyer. He says he'll send the affidavit only if there is an RFE. Hope the helps.
****NOT A LEGAL ADVISE****
My lawyer went ahead and filed my 485. I did an affidavit later and sent it to the lawyer. He says he'll send the affidavit only if there is an RFE. Hope the helps.
****NOT A LEGAL ADVISE****