Wednesday, September 21, 2011

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  • nomi
    12-11 02:32 PM
    I think we should spend more time to explore this option too. If USCIS make this rule which alllow us to file I-485 with out PD current that will be big relief for us.





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  • pbuckeye
    02-12 08:54 AM
    Folks,

    lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.

    - correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".

    We have established that there is no document to support this but can we find out if this assumption can be true?





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  • krishnam70
    02-19 08:26 AM
    1 - It will grant GC to people with > 5 years in US
    2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

    Please add your views about this bill, how it might be improved and its chances of becoming a law.


    P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.

    There is already a thread open by DVB on this forum. Can you please check if there is a thread open already before you open a new one. Just a suggestion so the observations of the members are all consolidated in one thread rather than spread over.

    cheers
    kris





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  • srkamath
    07-13 07:33 PM
    Hi srkamath

    My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?

    Thanks

    Lucky you, you might start seeing LUDs on you case by the end of this month. If you do please send me a message.
    Reg correcting the dates, USCIS usually takes months to respond to such things. I'm not gonna do anything about it for my case, unless the processing dates show virtually no movement.

    My understanding of process.date is that it is the oldest date of completed cases - which means they might be caught up with processing on most cases received till that date (July-20th 2007 ?) I could be wrong, we'll see..



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  • PC Invoice Free Edition



  • pappu
    03-10 03:03 PM
    Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.

    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    Please input correct and full details in your tracker profile or leave everything empty





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  • NKR
    10-16 02:09 PM
    Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.

    I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.

    Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.



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  • nomi
    12-13 11:01 AM
    I needed a few days to digest the argument I had last week with some members. I've been reading this entire thread since yesterday and it all make sense to me; it seems a very logic and smart thing to do, so count on me.


    my Friend,

    don`t worry about any arguments you had in past. I say sorry if some member say something wrong or unlogical. Please don`t waste your energy in negative thinking and come and help all of us and be our hero in this hard time. we are all here for same cause and we should be united as team and focus like a laser beam.

    We need you and every member is most valueable part of IV and consider him or her right hand of core team.

    I hope you got my point and let`s come and join us along with IV core team with this new option.

    thx.





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  • Blue Haven Receipt



  • DallasBlue
    01-24 11:06 PM
    IV members,

    We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.

    Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.

    The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.

    PS: Let us be civil. I second using non-accusatory language on this forum.

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?



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  • hotel receipt paper



  • nomi
    12-12 07:13 PM
    nomi,

    I am very surprised that there is not as much interest in this thread as I had expected but you are doing great in trying to explore this avenue. I wish I had some of the answers. Keep up the good work.



    I will look into it. I think everyone should look into it and try to find some solution. All IV member sends so many fax to US Senate and called all Senators which was good effort from all of us. Now if we send six thousands fax to USCIS same day...Don`t you guy think that USCIS will notice our problems and discuss them in their enternal meeting and ask US Senate or Congress to discuss this issue as early as possible. I know IV is doing great job and I am with IV but all I am saying we should put some pressure on USCIS too so they can see we are in pain and they do their job to get us some relief.

    If we do this then , USCIS will also support us too since we are right and we are asking some relief about green card.

    Guys come on ...Think about it too. We can do it if IV approve it and everyone help. We should bother USCIS too about our issue so they can contact lawmakers and tell them about our pain. No body care if we don`t speak up.

    Please tell me if we send 6000 fax same day don`t you think we will be in IV will be in headline and if we keeping doing same thing then some one will listen our issues and give us some temp. relief.

    Please come and Take the lead in this regard and Request USCIS to give us some temp relief because there are lot of people and families suffering coz of this.

    Please stop predicting Visa number everyone and deal with reality and stand up and speak about ou issue.

    Tell me what don`t you guys think ??

    thx.





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  • gimmegc
    07-13 06:57 PM
    We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
    My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.


    Hi srkamath

    My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?

    Thanks



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  • hydboy77
    12-10 11:16 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.





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  • desi3933
    05-26 05:18 PM
    The applicant was found to be inadmissible pursuant to section 212(a(6)(C)(ii) of the Immigration and Nationality Act (the Act), for falsely claiming to be a U.S. citizen.

    http://www.uscis.gov/err/H4%20-%20Application%20for%20Reentry%20after%20Removal%2 0or%20Aggravated%20Felony%20Conviction/Decisions_Issued_in_2008/Jun162008_07H4212.pdf



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  • ak27
    01-09 10:02 AM
    Hi Guys,
    I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.

    Thanks,
    Varsha
    Varsha,

    Are we on for concall. Please post it again...





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  • masouds
    02-15 04:56 PM
    :mad:

    Can you let me know, why US is applying this logic to 15% of EB immigrants only, while leaving it open with out any limits for FBs and Others which constitues to the major part of immigration?

    Sure.
    If, say, my dad was an American, I'd be an american too.
    If my dad was a green card holder and I was born outside USA, I could apply for the same thing as well. Why should I be limited to the per country quota?
    That was the logical answer. The Real answer is, because they have better lobbists :-)



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  • illinois_alum
    07-16 08:15 AM
    Your company should be quite rich to keep paying for EAD's and AP's you don't need, with their periodical extensions, and also for your H1 renewals....

    Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D





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  • grinch
    03-10 07:31 PM
    ... OMG...

    I'm so pissed at myself. I didn't have time to add anything I wanted, and now my volley looks like crap. But eh, I'm a newb so oh well. I'm gonna keep working on it and posting it in D&D.

    http://img.photobucket.com/albums/v403/grinchvader/final.jpg



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  • thepaew
    05-26 08:29 PM
    I have no problems if Americans want to institute a totalitarian state. But, I do not think that random searches will pass constitutional muster.


    Actually entire state of NH is within 100 miles of Canada and the coast.

    I feel the 100 mile rule is very reasonable and Border Patrol has every right to conduct random searches, question or detain whoever they suspect is breaking the law. Since it is clear that they could do that in this area, it is absolutely no burden for me to carry my papers when traveling here. At least it is easy when I know where the enforcement will be tighter. Harassment... absolutely not! I would so encourage something similar in my own country :)

    I myself was once stopped on a cold December night in 2003 in VT on I-91 by the border patrol and all 4 occupants in the car were questioned about citizenship. We showed our I-94's. We felt good that there is someone is actually doing the enforcement of immigration laws.





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  • willgetgc2005
    02-15 08:05 PM
    Retrohatao,

    You are right. This seems more like a luck factor. If Your stars are good, name check is cleared. Else it just stays stuck. It is ridiculous, they should check a persons background at the time of issuing a visa to come into the USA. Not when he/she has been in the US for several years. IV should raise this issue. This is even more farcical than retrogression. At least in case of retrogression they publish cut off dates. Well, in the case of name check you just don�t know where u stand.





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  • unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.





    karthkc
    07-14 06:27 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

    Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.

    Does not AC21 come in when you have used EAD to move instead of a H1 transfer?

    In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?

    If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.

    Either way, an attorney would be the safest bet..





    rajuseattle
    07-14 07:41 PM
    ajthakur,

    competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.

    If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.

    This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.

    Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.

    I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.

    Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.



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