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  • suman
    12-17 10:00 AM
    The letter does not say anything. It just says that your I-485 is denied.
    It does not give nay reason. It does not even say to appeal..

    Thanks





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  • absaarkhan
    01-31 04:07 PM
    Advance Parole should be Approved when the Beneficiary is in US.

    Per Law Advance Parole Can be Used ONLY WHEN IT IS Approved when the Beneficiary is in US.
    Thats the Opinion of Sheela Murthy and Rajiv Khanna too.





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  • cpolisetti
    03-31 03:56 PM
    She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?

    Here is the link for todays Q&A:

    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html



    Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.

    I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?

    Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.



    Todays article:

    Most See Visa Program as Severely Flawed

    By S. Mitra Kalita
    Washington Post Staff Writer
    Friday, March 31, 2006; D01



    Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.

    They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.

    Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.

    But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.

    Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.

    Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.

    At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.

    Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.

    Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."

    In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.

    "If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.

    The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.

    Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.

    "Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."

    Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.

    It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.

    Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."

    Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.

    Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.

    Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.

    His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."



    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html





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  • Hassan11
    06-10 11:33 AM
    my 485 is pending at NSC. my job is located In Virginia. where do I send my ead renewal?? Please help. Thanks



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  • eb3retro
    04-16 12:33 PM
    anyone from plano, texas here? pls PM me. Thanks.





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  • gjoe
    08-21 05:53 PM
    Since you have given your DOB and also I have seen some of your posts here are my predictions for you.

    You are a person who is attached to your family and friends very closely. You feel disappointed when you think that they don't reciprocate the same kind of feelings towards you.
    You have lots of passion towards whatever you choose to do, but when you see that you are not able to come to the top on that you will feel dejected and frustated.
    You won't indulge in wasteful spending, but sometimes you go out of control with your spending for a short period of time.
    You would be a very trustworthy person and you will be an average performer at work as far as others consider you.
    You can acheive greater heights in life and career if you can focus and hang in there without diverting yourself due to restlessness or boredom.

    To sum up the whole thing in a few words -" If you learn to persist you will see big successes"

    All the best buddy.



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  • jcrajput
    07-21 03:51 PM
    We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?

    Can anyone please guide or help?
    Thank you so much.
    Jignesh





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  • arihant
    04-30 12:20 PM
    I140 filed @ Texas center
    Category: EB2- PD Dec 03
    Type: Premium
    Receipt date: April 17th
    Approval date: April 19th

    As you can see I got mine in 2 days through Premium. I had to do the premium to avail of the 3 year H1 extension. So, if any of you have your extension coming up, then do switch over to premium by paying the additional amount and you will probably get your approval in less than a week.



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  • dish
    09-25 09:56 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.





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  • dontcareanymore
    08-24 12:44 PM
    I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.

    Is this normal? Is there something i need to worry about?

    My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status

    My supervisor called back but went to voicemail and left a general message

    Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)

    Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..



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  • Templarian
    08-27 11:16 PM
    Double posting bump this thing.

    I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).





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  • supreet
    05-15 12:46 AM
    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S



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  • vinzak
    01-02 12:07 PM
    You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.

    As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.

    However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.





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  • BharatPremi
    12-08 11:17 PM
    And no one can dare to put a price on tension, mental torture through which most are going through. To any one that is the biggest saving and so one should move forward for donating. So please respect the funding request from IV family for respecting yourself.



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  • hmehta
    05-31 11:32 AM
    On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......

    Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.





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  • averagedesi
    09-08 01:21 AM
    When is your infopass appt?



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  • ronhira
    04-26 07:44 PM
    this is how cir will end..... with a procedural vote -
    Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)

    bet $100?





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  • gchopes
    11-05 07:37 PM
    What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?





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  • TwinkleM
    01-30 11:03 AM
    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance





    prinive
    03-27 07:48 PM
    Any one ... :o





    americandesi
    10-21 08:22 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.

    Rather than you taking a decision on this, let USCIS decide how to proceed with your case.

    Refer following thread on this topic
    http://immigrationvoice.org/forum/showpost.php?p=88355&postcount=39

    The conclusion says "worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other"



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