perm2gc
09-18 12:12 PM
Folks,
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123 Hi PAN123..
is it you or your brother want to come to US... ? If you want to know various paths ask your friends in the medical colleges who will explain you everything or goto ECFMG website to get more info.
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123 Hi PAN123..
is it you or your brother want to come to US... ? If you want to know various paths ask your friends in the medical colleges who will explain you everything or goto ECFMG website to get more info.
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aamchimumbai
09-04 08:42 PM
This is as per USCIC:
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
I guess that's the only hope I have. I'll keep you all posted.
Thanks
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
I guess that's the only hope I have. I'll keep you all posted.
Thanks
Libra
10-12 09:06 AM
I think that is standard message, my I-140 RD is sep 20th 2006 and got RFE on ability to pay last month and my employer responded on 10/04 and the online status changed to RFE response received and case processing resumed. its been more than a week no update.
Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...
and now USCIS has revieved the evidence they asked for...guess what they say...
On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
60 more days...come on....
Strange...my 140 was filed on Nov 2006....and then got a REF on August 29th 2007, my pawyer responsed last week...and I thought that as soon as USCIS gets the evidence they will hopefully approve my case....(the evidence was a minor (atleast I thought it was minor) issue about birth date...
and now USCIS has revieved the evidence they asked for...guess what they say...
On October 10, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
60 more days...come on....
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centaur
02-09 11:09 AM
Excellent idea.
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
more...
rockets12345
10-29 09:54 PM
Hi,
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
pmamp
07-12 10:24 AM
One possible issue with this assessment is that CIS Ombudsman released the report on June 11th and ISCIS published 'THE JULY 2007 BULLETIN' on June 12th. That may mean someone in USCIS decided ultra fast as to make all the dates current or they (USCIS top brass) knew about this report draft.
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
more...
IneedAllGreen
12-21 11:27 AM
Here is the chance to to show what are we doing at this forum at University of Wisconsin-Milwaukee. Core members and expert from Midwest and Milwaukee area can enroll to attend this conference on immigration. Below is the information i am copying from UWM wesite. For further information you can click link written in below infromation.
CfP, "Immigration: Many Faces; Many Facets"
(Campus)
Apr. 26-27, 2007
Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.
Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
and activists, government officials and policymakers, etc.
Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
More information...
Contact: Tom Tonnesen
tonnesen@uwm.edu
(414) 229-4700
Thanks
IneedAllGreen
CfP, "Immigration: Many Faces; Many Facets"
(Campus)
Apr. 26-27, 2007
Immigration, a salient public policy and humanitarian concern across the nation, will be the subject of the IRE's conference to be held at UW-Milwaukee's School of Continuing Education, 161 W. Wisconsin Ave., 7th Floor, in downtown Milwaukee.
Currently, the IRE is soliciting conference proposals from prospective submitters. We encourage presentations, either by individuals or groups/panels, from faculty, academic staff, community leaders
and activists, government officials and policymakers, etc.
Please go o to our website, www.uwm.edu/Dept/IRE, and follow the link to the actual Call for Conference Proposals. Here you will find a list of possible topics and themes, and well as the submission format. The due date to submit a conference proposal is December 22, 2006. We will contact you with a response by January 19, 2007.
More information...
Contact: Tom Tonnesen
tonnesen@uwm.edu
(414) 229-4700
Thanks
IneedAllGreen
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ItIsNotFunny
12-04 04:39 PM
Hope all is well there - I fly in there in 2 days.
It was more scare than reality. Security forces are searching....
It was more scare than reality. Security forces are searching....
more...
ma08872
09-09 11:00 PM
The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..
Thanks.
Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.
Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..
Thanks.
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nogc_noproblem
04-10 04:07 PM
Lou Liar Dobbs lied even in this case also. Couple of days back in his show he said more than 400k H1B applications filed. He never gave correct statistics when it comes to legal immigration. It is disheartening to see nobody could able to do anything about his biased campaign.
more...
Leo07
11-09 11:16 AM
Pappu,
I have completed the form.I felt there should be a Disclaimer from IV that this "Personal Information" will be used solely for the purpose mentioned below and WILL NOT be given to any Third party.
We definitely don't want to deal with more SPAM. It's not that this information of mine is not available on internet, but just to avoid any 'personalized' spam.
Thanks,
Leo07
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
The objectives of this survey are:
�To counter the bogus anti's claims on H1s.
�To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
�To ensure that aspiring immigrants get a better picture of US immigration and immigrants..
Please utilize this opportunity to:
* Provide an honest feedback on your strong contribution to the USA.
A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.
See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Please post this information on other sites to get more people to participate in this survey.
I have completed the form.I felt there should be a Disclaimer from IV that this "Personal Information" will be used solely for the purpose mentioned below and WILL NOT be given to any Third party.
We definitely don't want to deal with more SPAM. It's not that this information of mine is not available on internet, but just to avoid any 'personalized' spam.
Thanks,
Leo07
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
The objectives of this survey are:
�To counter the bogus anti's claims on H1s.
�To improve the brand image of IV community as a set of sophisticated highly-skilled immigrants who have and will contribute further to this country.
�To ensure that aspiring immigrants get a better picture of US immigration and immigrants..
Please utilize this opportunity to:
* Provide an honest feedback on your strong contribution to the USA.
A genuine feedback will help us communicate the reality to lawmakers with a lot of credibility. None of the individual responses will be shared. Our goal is to highlight the collective strength of our community and underline its importance to the value add for this country. You may have to do some homework to fill in ball-park figures. This will be worth it for individual and group confidence. We look forward to your responses.
See the survey here http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Please post this information on other sites to get more people to participate in this survey.
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purgan
09-18 11:54 PM
The Other Immigration
More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...
==
This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.
More information. May 7, 2006, Sunday
By CHRISTOPHER CALDWELL (NYT); Magazine
Late Edition - Final, Section 6, Page 15, Column 3, 876 words
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a ...
==
This is part of an abstract from the NY Times TimesSelect Article. I could not read the whole article because I don't have access to the "TimesSelect", a paid subscription. If anyone has it, could you post the artcile here...I believe it mentions the efforts of ImmigrationVoice.
more...
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Berkeleybee
09-19 09:03 PM
I hope you all took note of the fact that the article dates from May 6, 2006. Very old news. Discussed in the news article thread. IV also wrote a response to NYT.
See
http://immigrationvoice.org/forum/showthread.php?t=280&page=28
See
http://immigrationvoice.org/forum/showthread.php?t=280&page=28
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nozerd
01-15 09:52 PM
Looks like the best bet for you would be to give the exam in either Houston or Dallas.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
more...
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chanduv23
11-10 03:35 PM
--- bump ---
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
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Nil
11-09 01:58 PM
Done!
I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.
Thank You for filling in and for your suggestion.
Have you filled some details in the section of "Any other way you have contributed to the American Economy / Community." in the survey?
I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.
Thank You for filling in and for your suggestion.
Have you filled some details in the section of "Any other way you have contributed to the American Economy / Community." in the survey?
more...
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nkd970
10-06 09:56 PM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.
What the &*^% is going on? !!@$%ing DOL.
:mad:
Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.
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caforum2
09-14 06:34 AM
for folks in US, you don't need to go to Chennai, You can chose whichever consulate you want. I choose New Delhi instead of Chennai recently and got appointment in 15 days in advance. I know Oct is full in Delhi, Kolkatta, Chennai and Mumbai. I would wait till Sept 20th to see Oct dats. Usually people book appointments and change the dates only closer to interview date.
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pappu
06-15 09:19 AM
In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
NolaIndian32
02-10 10:05 PM
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Best of Luck
nda050325
07-16 06:22 PM
Sangeetha
This seems to be a new requirement specificed by the consulate.
I havent seen any prespecified format of this letter. But it should contain as much information as possible about your past employment. Some key points would be
Name
Title:
DOJ:
Skillset
Primary duties handled (be as descriptive as possible).
HR Contact Info:
You may want to modify the following template to your skillset:
This letter serves to confirm that Mr. First Name Last name was employed full time in Company name from MM_DD_YYYY to MM_DD_YYYY, in the capacity of OFFICIAL DESIGNATION.
His roles included MENTION ATLEAST 5 BULLET POINTS.
His skill sets included MENTION ALL YOUR SKILLS
He has successfully completed the TRAININGS DONE, and is a Certified GIVE DETAILS.,
Please let us know if you have any questions
Sincerely,
HUMAN RESOURCES
===
This seems to be a new requirement specificed by the consulate.
I havent seen any prespecified format of this letter. But it should contain as much information as possible about your past employment. Some key points would be
Name
Title:
DOJ:
Skillset
Primary duties handled (be as descriptive as possible).
HR Contact Info:
You may want to modify the following template to your skillset:
This letter serves to confirm that Mr. First Name Last name was employed full time in Company name from MM_DD_YYYY to MM_DD_YYYY, in the capacity of OFFICIAL DESIGNATION.
His roles included MENTION ATLEAST 5 BULLET POINTS.
His skill sets included MENTION ALL YOUR SKILLS
He has successfully completed the TRAININGS DONE, and is a Certified GIVE DETAILS.,
Please let us know if you have any questions
Sincerely,
HUMAN RESOURCES
===
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