mbartosik
08-21 01:03 PM
My attorney, who I deal with directly (he is part of big immigration law firm), had sent my some papers ages ago that the firm represents both myself and my employer.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
Could be that there are bar association rules for this, or maybe just this firm's policy. If it is wider than this firm, then you might be able to refer the attorney to the bar association. It would I guess depend on how much he knew, and whether he knew that you were under the impression that he would be applying for I485.
You probably have a civil or criminal fraud case against employer, and if the attorney knew that you believed that employer was applying for I485 and in anyway facilitated this, even by willfully not returning a call until it was too late, he might be guilty/liable due to conspiracy. Conspiracy without a paper trail or witness is hard to prove. However it depends who has to pursue it. In any case would the attorney want a formal complaint against him on the record with the bar association.
Find out if same employer & attorney did same to anyone else.
If you pursue by yourself it will likely be costly. If you represent yourself less so, but hard work (google for "Pro Se" -- Latin for For Self, "Pro Bono" -- Latin for For the Good).
If DoL or consumer affairs, bar association, or district attorney pursue, much less effort and cost, but less control for you.
You must be with someone else and own attorney before you do anything.
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seahawks
08-10 10:16 PM
LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
reddy77
07-03 02:25 PM
My Expenses :
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
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gc4me
04-16 12:10 PM
Unexpected big jump for EB3 ROW. But I will take it. :D
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
more...
saibaba
07-16 10:23 AM
Guys:
I have no plans in going to Inida in the near future but wanna renew my AP just to have backup...well, my AP is expiring on 11/15/08 and wat wld be the best date to fill in that "Date of Intended Departure " column?
Can I put something like,11/01/08?
Thanks
I have no plans in going to Inida in the near future but wanna renew my AP just to have backup...well, my AP is expiring on 11/15/08 and wat wld be the best date to fill in that "Date of Intended Departure " column?
Can I put something like,11/01/08?
Thanks
WeShallOvercome
11-30 12:21 AM
.
One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
more...
saketkapur
11-19 03:03 PM
anything to make the que move faster...........
FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......
FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......
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spindoctor
07-19 07:42 PM
this is a good response, seconding it.
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
more...
Ramba
08-07 06:04 PM
Can you back date your marriage during marriage registration?
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
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bsbawa10
08-18 07:14 AM
After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
more...
nave_kum
07-31 03:08 AM
Howz one to live a moral and compassionate existence when one is fully aware of the blood, the horror inherent in life, when one finds darkness not only in onez culture but within oneself? If there is a stage at which an individual life becomes truly adult, it must be when one grasps the irony in its unfolding and accepts responsibility for a life lived in the midst of such paradox. One must live in the middle of contradiction, because if all contradiction were eliminated at once life would collapse. There r simply no answers to some of the great pressing questions. You continue to live them out, making your life a worthy expression of leaning into the light.
One of the contradictions is NOT obtaining a Green Card.
One of the contradictions is NOT obtaining a Green Card.
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mallu
03-07 08:34 PM
http://immigration-information.com/forums/showpost.php?p=14423&postcount=146
more...
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gc_lover
06-27 08:56 AM
Could you please assign date time for every single member that they should file their application on?
Thanks a lot.
:D
Thanks a lot.
:D
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Daisy
01-10 09:26 PM
Dont lose hope. I am on H4 since 2000 too and been out of workforce ever since. I had 6 years of prior experience. Now, I have a job offer(non IT) and the company is planning to sponsor my H1 this April. Keep applying and something will work out.
more...
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pankaj_singal
08-19 02:09 PM
When we e-file EAD/AP, do we get the receipt number the same moment the app is fully submitted or the reciept # comes through the mail from USCIS?
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Blog Feeds
04-14 08:00 AM
And there's plenty of competition. Essentially, the bill makes the entire state a 287(g) state without the supervision of Department of Homeland Security. The bill's constitutionality seems extremely dubious, but we'll have to wait on the courts and I feel certain that a suit will be filed within days of the governor signing. Here is a summary of the bill's provisions. As an aside, I was struck by the "Profiles in Courage" passage from the LA Times coverage of the bill: [Governor] Brewer, a Republican, has not taken a public stance on the bill. She replaced Janet Napolitano, a Democrat...
More... (http://blogs.ilw.com/gregsiskind/2010/04/arizona-passes-nations-toughest-antiimmigration-law.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/arizona-passes-nations-toughest-antiimmigration-law.html)
more...
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pete
12-13 04:18 PM
They have to deal with this or else we are not getting anywhere.
Peace to you too!
Peace to you too!
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rb_248
01-04 08:31 AM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
Just when I thought that we have seen it all........
Just when I thought that we have seen it all........
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vik123
08-15 11:55 AM
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
MDix
02-12 12:49 PM
Some hopes.........
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
http://immigration-information.com/forums/showthread.php?t=7168&page=2
Thanks
MDix
BharatPremi
05-05 04:25 PM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Update: My lawyer just got back to me on this. Since I wanted the interfiling in such a way that I can maintain old PD ( July 2003 based - EB3 filing - 485 filed under this) with new application category EB2 (new application - June 2006 PD), lawyer told me that it is not possible. Once I interfile my new application, end effect will be having my 485 based on EB2- with new priority date (June 2006). So at this moment I have 2 choices...
1) Wait out till July 2003 under EB3-India become current
2) If EB3-India is not moving at all or July 2003 does not become current for EB3 but meanwhile if EB2-India cutoff date crosses June 2006 then file interfiling.