Saturday, June 11, 2011

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  • GCard_Dream
    03-21 02:48 PM
    ... but only after they have issued a greencard to each one of us. :D

    I propose to dissolve USCIS. No matter what USCIS failed in all respects of appeasing

    1. Indians
    2. Chinese
    3. Mexicans
    4. ROW
    5. Philippines
    6. EB1
    7. EB2 - NOW
    8. EB2
    9. EB3
    10. EB4
    11. EB5




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  • mhtanim
    09-12 07:23 PM
    I am not a lawyer, but this is what my understanding: if your I-485 was is pending for at least 180 days and your I-140 was approved at the time when you used AC21, you should be safe. In this scenario, even if the ex-employer revokes your I-140, you should be fine and if USCIS has denied your I-485 based on this, you should be able to fight it.

    USCIS usually won't deny a I-485 unless the applicant was out of status at some point of time. Sometimes, the attorney messes up the application somewhere and that causes denial. But again, as someone has mentioned, USCIS is suppose to issue NOID before denying it. If they haven't done so, this gives you an additional material to fight the denial.

    I would suggest that you wait for the denial notice and see what it says. If it sounds complicated or you think the USCIS has made a mistake, get a reputable attorney and file a MTR.




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  • sareesh
    05-25 01:04 PM
    Receipt ID: 3526-6388-2654-3098 - $50.00

    MERCHANT CONTACT INFORMATION
    Immigration Voice
    donations@immigrationvoice.org
    850-391-4966




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  • qasleuth
    04-10 03:50 PM
    As Chanakya is still getting rave reviews :) let me break this down a little more. OPs gripe can be broken into three categories:
    1. What is IV doing with all the money collected.
    2. What is IVs specific plans for the future/ what has it done in the past
    3. Donor forum and general compliants about the concept

    # 1. I think trusting IRS and CPA will go a long way. I am not aware of any donations being collected by IV on personal names. Have you sent any money to an individual and not IV the org ?

    # 2. About us lists items that IV has done in the past. Do they meet your expectations ? Maybe yes or maybe no. What does advocacy mean ? For both the points, doing some research will help. Why we did not have stellar succeses with past campaigns ? Advocacy, how quickly can we be successful. Google and find out.

    #3 Donor forum. Search the forums and find out how much money was collected by campaigns mentioned by ChanduV. Pennies. Two different reasons in my opinion as to why the donor forums have been created. 1. obviously to collect donations 2. the section has 'premium' content like regular updates, quick responses from core, information which cannot be made available publicly without harming the efforts etc.
    All the other things about donor forum is nothing but emotional garbage.



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  • EkAurAaya
    05-31 05:44 PM
    There are uglier things than sausages being made. For example, when Bernie Sanders gave a 30 minute speech to increase H1B fees and make H1B program useless, he brought a big chart and the whole enchilada to try to prove that H1B depresses wages.

    However, in the starting part of his speech, he said he supports the bill.

    The bill brings in 200,000 guest-workers each year (it was 400,000 before Bingaman amendment). However, according to him, that is just fine. When guest-workers come to US in numbers like 200,000 then they dont depress wages of the lowest income group in America. However, when hi-tech workers come here they depress wages.

    This is the kind of logic from people like Bernie Sanders and Co. that is uglier than watching sausages being made. Watching sausages being made might hurt your eyes, but this kind of logic hurts your head and can damage your brain's neurons.


    Adios Desi/Chinese (Educated fool's) - Hola amigo

    Result: Adios IT Job's - Hola ???




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  • logiclife
    03-05 11:24 AM
    Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.

    They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.

    Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.



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  • jediknight
    05-18 10:28 AM
    Sent mine and forwarded it to friends.

    - JK




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  • cnag
    03-17 03:12 PM
    Does the Frist Bill refers to advanced degree from the US or advanced degree
    from Indian Universities also ? I mean MCA/MS/Msc/MTech etc? Can anyone
    please clarify ?



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  • Ramba
    03-14 12:07 PM
    People with EB3-India may not expect any kind of fast movement in near future, unless law changes. It will be in snail phase. It is waste discussion to analyze howmany people filled EB3 LC from India in 2002,2003 etc. Generally EB3 is very high demand catagory from all accross the world. EB3 contains skilled worker catagory including cooks, nurses, and so many many non-professional occupations. All the discusion are focussed on demand by Indian IT folks, by ignoring other spectrum of the demand by other group of peoples. Therfore no matter what; EB3-India will get only 3000 EB3 GC per year (Approxmatly 1500 primary).

    1500 LC per year EB3 India is a tiny fraction of the demand by EB3 India. Therefore best advise in EB3 India folks to convert into EB2 to get use of early PD like 2002 or 2003.




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  • anu_t
    06-19 06:51 PM
    I want to ask if I file my labour before oct 2007 am I going to be safe?
    Or I will still come under the merit system?pls anybody will ans this question. I am going to start my GC 2 months(after adv etc)



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  • pointlesswait
    02-14 09:41 AM
    i had sent an email to CISOmbudsman.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...

    I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.

    inputs welcome..

    I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:

    As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
    http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm

    Here is the text:
    Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?

    Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?



    This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
    From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
    - The person has been in the country LEGALLY for more than a number of years, OR
    - The PD are more than a certain number years old, OR
    - I-140 has been approved, OR
    - Must have MS or higher for a US college (just for argument's sake, please don't flame me).

    The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.

    IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.




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  • senthil1
    06-09 07:21 PM
    I can tell your case. If you apply now by EB you will get gc within 3 to 7 years time. If you apply by point system after 5 years of USA experience and you will have employer sponsor you will have 16 points more than those who are coming fresh to USA. So both point system and EB system you will get at the same time period. Process delay will be minimal as no labor or I140. But initial period there will be delays as it is entirely new and untested. We cannot compare EB and point system now. Only point system comes we will know the problems

    Right now, in the EB based system, the employer picks the applicant, not the Federal Government. Also, under the current system, even if the country is limited by quota, it is a soft quota. No matter how you see it, the current system attracts the best and brightest and rewards only only those who are physically in this country with the GC (EB based). how can that be compared to the merit based system which you claim would attract the 80%? Any tom/dick or harry can apply from any country and get thru.

    What do you mean by "process delay being eliminated"? It would take years for USCIS to come up with an easy set of rules. Again, the per country quota would kick in. It would take eternity to get a GC under the merit system. I dont see any "merit" in that.



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  • legalservice
    10-08 04:40 PM
    I have been laid off yesterday. My employment ends Dec.
    My 180 days expire Jan. My company said they will not revoke the I-140.

    So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.

    Can I use ac21 afterwards? and

    Can myself or my wife work on the EAD that will come to our home address?.

    What else needs to be done by company B.

    Will we just get our green card in email.

    If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?

    In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?

    Please advice to what you think is right based on your best knowledge.

    You should be OK as long as you don't get a query. If the query is for the I-140, just send them the information they ask for without explaining too much. If the RFE is for the I-485, hopefully, you'd be able to show that you worked 180 days for your sponsoring company. You may want to consult an immigration attorney on this one.

    Disclaimer: My opinion is the result of my immigration experience and free consultations with immigration attorneys as provided through legalserviceplans.info; however, it does not constitute legal advice.




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  • Totoro
    06-19 03:45 PM
    hey

    I didnt mean to offend you... i really appreciate the awareness (and hope) that you have brought to this issue.

    I apologize if my selection of words have hurt you or anybody else in this forum.

    No offense taken. It just gets a bit frustrating when it feels like I am taking on all of this by myself. In fact, there have been a lot of frustrations in this process, but I won't go into them here, because most are personal and not relevant to the discussion. I haven't heard from the lawyers in two weeks, so I should probably touch base with them to see what is going on.



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  • franklin
    09-27 11:11 AM
    A total of 2.5M cases pending (AOS and naturalization), only 1.2M are ready for action.
    For true backlog numbers look here, Ombudsman report, Page 14.
    http://www.ilw.com/immigdaily/news/2007,0619-ombudsman.pdf

    1.3M backlogged cases TOTAL (includes naturalization), out of which more than 800K are retrogresed family-based AOS petitions, and what looks like 30K EB petitions (cannot be approved due to statutory limits). 300K cases in namecheck, maybe 10% of them are EB (EB is about 13% of green cards), so we are having about 60K truly backloged EB cases in March 2007.

    We know that cases that are current and not stuck in FBI checks are being approved farily fast, so my gut feeling is they have maybe 50-80K EB cases in active adjudication. Let's double-check -- out of 1.2 million cases ready for action, about a half is naturalization, and from the other half, ~13% would be EB - yep, 80K (EBs are the easiest to approve because there are no interviews or tests, so the percentage is likely less than 13%).

    So, in March 2007 there were a total of no more than 140K pending cases in I-485 stage of stocessing. Now in June-August EVERYONE who had an approved LC got to apply, and there were ~300K applications, while CIS gave out ~70K green cards, so we would have a total of 370K pending petitions. This estimate is surprisingly close to 13% of the total 2.5M backlog, so I would consider it good.

    Again, I absolutely do not believe there are more than 500K EB1-EB3 cases. There may be another 500K in the 'other worker' category, but this is not what we are talking about here.

    We can argue who is right on the numbers for a long time, The Ombudsman, who quote that they can not say for sure what the numbers are, or the kauffman Report who claim 1.1 million. Even if we go with your number of "no more than 500K" - thats a 3 year wait if there are no more country caps.

    Also from the Ombudsman:-
    "In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards." - Pending applications for employment-based green cards means "application approved pending visa number availability" - ie all but approved - waiting for a visa number, not all 485 applications.

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending"

    I'm obviously not adding those numbers together, but I really believe that the numbers are larger than we think.

    Remember to take out the visa's unsued each year (per the ombudsman, in the last 3 years, thats only 100k wasted) that brings down the number of visas available, and remember there are other visa paths into greencard application, not just H1B.

    They also think there are roughly about 170K at BEC... that haven't hit yet. Add that to the number - all with old PD so you better believe their dates will come current sooner.

    If you've read the Ombudsman's report, you should have figured out that things are NOT moving quickly

    I've just realized, are you looking at just 485 numbers and not everyone in the EB GC queue?

    Finally - if you've read the Ombudsman report from the past few years, they will look very similar to this years' one (although they gradually get more and more bleak). Nothing has change to make the situation better, so the expectation that all of a sudden things will get fast now still baffles me.




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  • grupak
    06-26 06:23 PM
    I know IV is doing its best and there are other groups fighting for HR 5882.

    But honestly, what are the chances for this bill to succeed this year (before election)?


    -- The July 2007 visa bulletin reversal.
    -- FBI name check
    -- 2 yr EAD

    These are all changes that happened because people brought it to the attention of lawmaker and administrators. Before I get complaints, I am not saying IV solely gets credit for it. Whatever the mechanism for change, it happened because the immigrant community worked together and fought to get relief.

    We have to continue to work together, otherwise its status quo and be stuck in the mess.



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  • greenlight
    07-24 12:55 AM
    www.troylaw.net

    I've been working with Christine Troy since 2003.
    She helped me file H-1b extension twice, going for the 3rd time.
    Filed RIR (approved), I-140 (pending) and I-485 just this week.

    She does ALL the paperwork and doesn't have paralegals.
    She keeps a modest office on Market St. at Powell, which is a convenient location. Doesn't charge much for consultations ($50-75).

    And most of all she ALWAYS returns my e-mail within the same day or by next day. Better communication by e-mail than a phone call.
    Very personable and great communication with my employer.

    Christine Troy, Attorney at Law
    870 Market St. Suite 570
    San Francisco, CA 94102
    tel 415-399-9490 | fax 415-399-9416




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  • venkygct
    09-04 04:50 PM
    Please check your PM and email. I have sent the details

    Thanks
    --Venky

    I would love to attend the rally. However my financial condition at this time does not permit me. I could have booked a ticket on my credit card but all my cards are max out!
    You want to know why I am in this financial deep hole? Well, I have two sons in college and paying out of state tuition, that is over $17,000 per semester for both of them.
    My wife on H4 could not work until now that she has an EAD. It is retrogression that I should blame and I would love to do all in my power to obtain relief or bring the issue to the attention of the American public.
    In my own way I have contributed to IV both in cash and in kind. I have told me story in countless media interviews. I only wish I could do more for IV financially but alas I am not able to do that at this time.
    I would be in the rally in spirit....only I wish I could attend in person.




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  • logiclife
    06-30 01:05 PM
    we are working on setting up a webfax aimed at House members supporting Congressman Shadegg's bill.




    piyu7444
    03-20 08:20 PM
    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.

    So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the MEP B's petition is approved I lose the approved peition with EMP A ??? I know the answer but want to see your take.......

    I hope you assume this as a new H1B not a transfer or else your post is wrong.


    Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
    Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor.
    so there is no question that you recent h1 is valid and past is invalid. I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend


    To answer your question Yes nuthing gets transfered. Every time its a new h1b there is no transfer of anything. You can have 2 or more valid approved petition from different employers but you can use only one at a time.

    Pay - They are liable and USCIS can question them. All they will have to do is show that this employee (OP) was no show never joined the company so basically agree with you here.




    tinamatthew
    07-17 09:26 PM
    Hi all, this is the new ID of bigtime007. As many has noticed, I was banned for the following reason:


    You have been banned for the following reason:
    Disruptive posts

    Date the ban will be lifted: Never


    After thinking about it, I feel very very sorry for disrupting the cheerful atmosphere on this forum. It is time for champagne, not complaints. This should be a place to congratulate and applaud IV's achievements, instead of that to express one's own frustrations. People with 07 PD has the privilege to cheer when they cut in front of us, but we should not feel sad for being pushed back because it is a disruptive behavior.

    Please do not list what you have done to add items in the legislation to help BEC victims, it does not look genuine any more when it is considered disruptive to express one's depression on a board specially for BEC victims.

    This will be my last post, as I am sure they will ban both my ID and IP. For everyone who still reads my post, Good luck!


    I admire your courage to stand up and apologise. I wish you all the best, and I hope they lift the ban. You are the type of people we need. Be positive, there is a line for green cards and I didn't know people can jump the line. I need to concurrently file so I can get an EAD. I've been sitting at home for several years as a dependent. And after that I will stand in line with the rest for a green card. All the best and I hope to see you again. Pls don't make this your last posting



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