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Steve Mitchell

March 3rd, 2004, 12:51 PM

Glad to see this happening. Critiquing and being critiqued are great ways to improve.

Need Guidance in using Cross Chargeability [Archive] - Immigration Voice

View Full Version : Need Guidance in using Cross Chargeability

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obviously

11-06 10:00 PM

Dear Friends,

It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.

Here are some ways to frame 'thought provoking' discussions regarding retrogression:

Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!

- In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
- In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
- In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.

- In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
- From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
- Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
- Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
- Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.

Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.

I would urge everyone to send a personal email/ message.

1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
3. Take each of the above points and customize it to fit your needs
4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.

Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.

There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.

Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.

It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)

Obviously

P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.

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nogcyet

10-30 04:07 PM

My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.

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waiting4gc

07-17 08:46 PM

Some lawyers ask for bank statement and w2s and file I 864 with GC to show proof that you can support your dependents(if you have any). Ideally I 864 is only required when you file Family based GC.

Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.

There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.

yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?

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sidbee

04-29 09:59 AM

I truly believe India IS a developed country.

Sorry , wont agree with you.

It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.

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archpai

12-16 09:16 PM

There is on Ajay chaudhury in houstan.

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JeffDG

01-23 07:38 AM

Thanks for the reply! That was very helpful .

Do I still have to be employed by my original sponsor when i get the appt after 6 months?

If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.

You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.

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chantu

09-18 10:13 PM

I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:

1) Is it necessary to book tickets in India?

2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?

Please reply with your experiences.

Thanks in advance!

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ArkBird

08-05 02:02 PM

It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

If that happens I will start walking with my hands instead of my feet... ;)

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go_guy123

01-11 05:19 AM

It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?

Canada PR rules have been tightened in Feb 2008. Once you lose it , next time you may not get PR if you apply.

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hoolahoous

01-14 10:34 AM

i also find it disturbing that USCIS is trying to define its own definition of employer-employee relationship. As long as a company pays a person, that person is employee. They have no right to demand that there needs to be immediate supervisor from same company onsite or that company needs to provide the itinerary for employee.
I know job market is bad, but hunting down H1b's is not going to make it better.

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stemcell

02-12 02:15 PM

Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

puzon

There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....

do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

OR

leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

only my 0.02

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cdeneo

09-21 06:24 PM

The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

==========================================

Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?

Can someone please clarify? Thanks!

Look at this document. This should answer lot of questions regarding AC21

http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

Thanks
Karthik

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ttdam

11-05 06:03 PM

FP recd - 11/05

==========================================
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/12/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/19 from VSC. Received 10/29
AP - RFE for clear copies of PP
FP - Recd 11/05

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drona

07-09 11:52 PM

Arun on behalf of all IV members, please join nixstor! Check out USCIS address in Google Maps. Please take any one else with you who is willing to go. Nixstor said he would be there 10am to 1pm.

Thank you!

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Dhundhun

07-13 10:23 PM

Hi Everyone,

Is it really necessary to inform USCIS of change of address.

Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

Will appreciate your views.

Mails from USCIS are not forwarded. They are returned back to USCIS.

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eastindia

10-06 04:56 PM

I just noticed on IV homepage that ex USCIS ombudsman is now IV board of advisors.

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07-09 01:12 PM

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Ajaykumar

11-06 01:37 PM

Thank you wandmaker for answering the questions. All the best.

anilsal

11-28 02:45 PM

if the email system works anymore for the online case status.

You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745

singhsa3

11-04 12:28 PM

Remind me again, why do we pay these attorney big dollars for??
This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.

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Friday, June 10, 2011

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