illa romza

Is there a 120 day advance filing period to file for AP?

Some paras from Complaints Rise Against Immigration Lawyers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601214.html). There was a nearby link that had telephone numbers. I could not find it. I had posted the numbers in a Lawyers thread. I could not find the thread.

Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.

Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.

Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)

The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.

Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.

I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?

This is my opinion. If you do not like, you can remove it.

By coming to DC!!!!

willgetgc2005

Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

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

Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.

Go ahead and do it, that will not effect your present I-140 and I-485.

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All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.

I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..

please ignore such people..or else these threads keep lingering on top..which they dont deserve

You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

Hi,

Thanks a lot for your reply. I really appreciate it.

Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

Correct me if I am wrong on this.

Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

I will really appreciate your response.

Thanks.

bump ^^^

$500000 in a federally designated low employment area. $1 Million else where.

Did you have your A# with your I-140 approval??

My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.


Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?

Thanks again for all the IV support....Great news...

Thank you very much Pappu, Logic Life and IV core members..

Your great effort brought us this great news and relief

That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

my 2 cents.

Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?

You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.

Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?

I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.

To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.

Hi Everyone,

Here is the scenario:

Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)

There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.

Now, here are my question:

1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?

2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?

3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?

4) Does the scenario look too risky?

5) Any one in the same boat?

Thanks in advance.

My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.

AGT

You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.

USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.

:D Congrats dude!

A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

Hope this helps.

Hello Everybody,

My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?

If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

Thanks!

Ritesh

There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

Does it make any sense ?