susie
07-15 12:12 PM
I thought about posting my case details and now the complaint has been filed feel it is only fair to share with others as my case could set a presidence for others
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
wallpaper Year 2011 Calendar
ramreddy
12-26 02:36 PM
I am on H1 w/ valid EAD . Got my labor and 140 in 05 and recently renewed by EAD.
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .
Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history
-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>
PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .
Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history
-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>
PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram
genius
11-19 10:09 PM
Pasadena,CA (Los Angeles County)
2011 PSD Calendar 2011 - It#39;s Time
sirinme
09-10 05:33 PM
Just contributed $100 via Google Checkout. Can't make it in person to the rally, but thanks & best wishes to everyone involved.
more...
pankajkakkar
08-08 12:17 PM
Stuck for years
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.
by Pankaj Kakkar
Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.
The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.
The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".
Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.
Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.
Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.
by Pankaj Kakkar
Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.
The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.
The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".
Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.
Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.
Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
=================
Added by pappu
Published on oct 02, 2006
http://immigrationvoice.org/forum/showthread.php?p=27239#post27239
http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f
learning01
04-25 09:30 PM
We are not changing laws, we are petitioning. We are educatiing the various sections of American society, lawmakers, fourth estate.
We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
We are asking for the rationale for collecting the Social Security Tax and Medicare, when you don't get its benefits. Pure and simple. You see, we are resident aliens NOT LPRs (Legal Permanent Residents a.k.a Green Card Holders).Benefits for which you are paying social security tax, you are not eligible while on H1. So, please don't use extreme words. When illegal aliens can demonstrate and influence law makers, what is wrong for legal aliends in writing to lawmakers, newspapers etc.
If you are laid of, will you get unemployment benefits? Job retraining. No, You are out of status. So, is it incorrect to ask for this? I am not talking about Income Taxes. Go and look at my posts. I am a strong advocate of core IV goals.
In this thread, instead of asking impractical PD dates, I suggested why don't we question the collection of SS and Medicare tax from H1 workers?
This is the most outrageous and ridiculous stuff anyone could have heard. We want to change the laws of the land to benefit us. We are here because WE WANT TO BE HERE .No one is forcing us to work and pay SS tax and Medicare here. So what's next: No State tax too? We are lucky that the core IV team has accomplished so much in such a short time with limited resources. We need to push the amendments that will allow concurrent filing of I145, period, or we are jeopardizing any thing from going through.
more...
gclabor07
09-01 08:56 AM
Arrived in US in August 1999.
Labor started with employer A in 2002.
Changed job with Employer B in 2006.
Attorney screwed up with new labor in October 2006.
Refiled new labor in July 2007.
Missed the July 2007.
Labor started with employer A in 2002.
Changed job with Employer B in 2006.
Attorney screwed up with new labor in October 2006.
Refiled new labor in July 2007.
Missed the July 2007.
2010 Colorful calendar for 2011.
SAP
08-23 02:31 PM
i have 14 yrs full time exp,
i have MBA
i have made significant contributions for my comp and saved millions over a period of time; and i can get reference letters from top mgmt
my question can i file my own 140 under exceptional ability category. ? and just to make sure do i need a labor ?
regards
sap
i have MBA
i have made significant contributions for my comp and saved millions over a period of time; and i can get reference letters from top mgmt
my question can i file my own 140 under exceptional ability category. ? and just to make sure do i need a labor ?
regards
sap
more...
vagopinaath
12-27 04:06 PM
My attorney sent the application to TSC on Aug 14th. Now its with NSC with a receipt date of Oct 9th. Received EAD for my wife. But haven't received AP for either of us.
Not sure what's up with delays in APs.
Not sure what's up with delays in APs.
hair Downloadable Calendar 2011
SA EB3 Retro
08-13 03:28 PM
Signature has all relevant information.
more...
gc28262
03-04 12:58 PM
See the link
http://www.immigration-information.com/forums/showthread.php?t=7065
http://www.immigration-information.com/forums/showthread.php?t=7065
hot lady gaga Calendar 2011.jpg
cjain
08-10 05:55 PM
what time (format HH:MM)NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07
our recd. number starts from LIN 072275####
our recd. number starts from LIN 072275####
more...
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kalia
07-05 12:10 PM
We should contact John Cornyn of Texas who introduce the skill bill. We should bring the VB fiasco to his notice.
There is no need for webfax. Just go to your senators or House of representative website and sent them an email. You can also call them and give them this information.
There is no need for webfax. Just go to your senators or House of representative website and sent them an email. You can also call them and give them this information.
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BharatPremi
07-05 05:26 PM
Boxer , Feinstein senators of CA , I called Lofgren , Gary miller (R) 42nd district of CA and Just spoke with NYtimes reporter on the follow up story ...:)
I already done that yesterday evening: Today I talked to both offices. Yesterday I just sent web form (E-Mail)... I could not speak to senators personally as both were unavailable but I spoke to their office staff and both have listened me and have guranteed to make sure this reaches to senator's eyes and ears.
http://cornyn.senate.gov/
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TX
I already done that yesterday evening: Today I talked to both offices. Yesterday I just sent web form (E-Mail)... I could not speak to senators personally as both were unavailable but I spoke to their office staff and both have listened me and have guranteed to make sure this reaches to senator's eyes and ears.
http://cornyn.senate.gov/
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=TX
more...
pictures images april may calendar 2011
gc_waiter56
07-06 10:59 AM
All,
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.
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jamesbond007
07-16 12:01 PM
Scheduled a $11 contribution to go out on the first day i.e. 7/21/2008 available via DCU bill pay.
Why 11$? $5 each from me and my wife. $1 gas money saved from not going to subway :D :cool:
Kidding aside, I try not to donate any amount that ends in a zero.
Why 11$? $5 each from me and my wife. $1 gas money saved from not going to subway :D :cool:
Kidding aside, I try not to donate any amount that ends in a zero.
more...
makeup Blank Calendar 2011 May
lonedesi
08-06 12:45 PM
Please leave a comment on this thread after you have mailed the Form & letter. We need to get an idea regarding how many people actually took the time to send out the letters. Your post will motivate people who are just watching to join us in this campaign.
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vayumahesh
02-04 08:35 AM
For AllvNeedGcPc,
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
It does not hurt to send a interfiling request letter from your attorney. You can raise a Service request (via phone) if it is outside of normal processing time (30 days past after being current).
:) Got greened on Jan 4th, 2011 (Refiled in EB2 and ported PD from EB3)
Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.
It does not hurt to send a interfiling request letter from your attorney. You can raise a Service request (via phone) if it is outside of normal processing time (30 days past after being current).
:) Got greened on Jan 4th, 2011 (Refiled in EB2 and ported PD from EB3)
hairstyles Free Calendar 2011 June to
kevinkris
06-02 07:19 PM
Goto TOP
indio0617
03-09 11:07 AM
Sen : says he has several amendments (title 2) still to discuss
6181, 6238, 6239, 6182 (mandatory federal response) , information sharing, deportability for criminal offenses
Sen Specter: Says they will have another session next Wednesday, thursday for further amendments, markups. Title 2 will close. onto title 3 now..
6181, 6238, 6239, 6182 (mandatory federal response) , information sharing, deportability for criminal offenses
Sen Specter: Says they will have another session next Wednesday, thursday for further amendments, markups. Title 2 will close. onto title 3 now..
Stan09
03-11 01:20 PM
Hi All,
something really strange is going on:
I485 EB2 filed at NSC Dec 3,2008, and on Feb,18 received RFE(!) requesting employment verification, divorce certificate, W2 and some other stuff that has been posted to them just 2 months ago.:confused:
something really strange is going on:
I485 EB2 filed at NSC Dec 3,2008, and on Feb,18 received RFE(!) requesting employment verification, divorce certificate, W2 and some other stuff that has been posted to them just 2 months ago.:confused:
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