shahzaib616
05-17 06:41 PM
I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
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vedicman
08-30 09:08 AM
My wife got hers from:
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.
sanu121
12-22 05:07 PM
Austin+1
Count me in.
Count me in.
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raj131982
04-12 02:11 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
more...
amitga
02-11 03:19 PM
Link not working for me
sganny
11-05 09:06 PM
this was known all along (maybe not in as much detail as shown by your post) and people still decided to vote the republicans. I am not surprised though because these were the same people who voted Bush for the 2nd term and the reason for voting Bush was that they thought he was the better guy to go out and have beer with!
more...
optimystic
09-10 08:11 PM
Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.
May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)
May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)
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eastindia
01-06 08:33 AM
February visa bulletin will be out this week any day.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
more...
bitzbytz
03-10 10:08 PM
Never an issue with Money2Transfer. Best service of all and multiple options. Been using it for close to 10 yrs now. Latest interest rates for FD in india is 9.25%. Time to send more again
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immi_enthu
08-10 12:27 PM
This is just a thought. isn't everyone calling USCIS for receipts, several times a day some form of protest ? FYI , I called only once so far...
more...
somegchuh
08-21 04:02 PM
Hi Guys,
I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.
What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?
Ideas?
I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.
What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?
Ideas?
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ivdude
01-28 05:03 PM
Kanwar Chadha --> founder of SiRF
more...
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GCSOON-Ihope
12-14 02:48 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
I applied on-line for both EAD and AP, and it's really very simple.
You certainly don't need to pay those ridiculous fees to an attorney for that!
After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
I applied on-line for both EAD and AP, and it's really very simple.
You certainly don't need to pay those ridiculous fees to an attorney for that!
After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.
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tigerlibra
09-29 05:52 PM
Hello,
Does anyone have any suggestions ?
Thank you...
Does anyone have any suggestions ?
Thank you...
more...
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GC4US
08-29 12:10 PM
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
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kerstbrd
03-19 03:03 PM
maybe they denied the I-140 without updating the website.
more...
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snathan
01-28 02:08 PM
Post it in a relevant thread or create new one.
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kondur_007
08-03 02:17 PM
Great idea. edited the signature.
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JunRN
07-18 08:32 AM
Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.
sundarpn
07-08 11:44 PM
Wired response from you lawyer. Talk to HR.
Anyways Congrats!
Anyways Congrats!
jags_e
08-30 02:58 PM
There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703
EE Times: Latest News
Green-card red tape sends valuable engineers packing
Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.
He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.
When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.
"We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.
By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.
The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.
The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.
The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.
U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"
Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.
And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."
But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.
In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.
Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.
That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."
In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.
But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
Page 2 of 2
Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
"I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.
For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.
In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.
That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.
Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.
But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.
...................
The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703
EE Times: Latest News
Green-card red tape sends valuable engineers packing
Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.
He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.
When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.
"We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.
By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.
The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.
The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.
The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.
U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"
Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.
And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."
But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.
In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.
Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.
That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."
In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.
But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
Page 2 of 2
Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
"I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.
For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.
In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.
That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.
Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.
But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.
...................
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