Wednesday, June 22, 2011

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  • senthil1
    02-22 01:26 PM
    Democrats want to win Presidential election and increase their numbers in congress based on Iraq and Immigration. They are thinking that if CIR is passed they can project that it is Democratic congress which passed CIR. If they fail they will blame that Republicans voted against and they will make this as election issue. They are thinking in that way. But it will not work. People are against big immigration numbers but they will not oppose moderate immigration increase. But American people are divided when it comes to illegal immigration. If any other issue is burning then immigration will become non issue and democrats will not get any extra votes because of CIR. But liberal immigration is not good for Labor unions(we know democrats are pro-labor also) so that may work against Democrats. Right now it is not sure whether parties are really dedicated to pass CIR or Just for making immigration alive to get political mileage.


    it seems democrats are making this bill so liberal that even liberal republican will have tough time to support it.... in that case democrats can say republican are not in favor of immigrants and Bush is not able to manage any support from his party.... We can't say anything for sure...but a very liberal bill will have really tough time to go through.....





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  • Exultant
    12-03 03:56 PM
    gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?

    Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).





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  • kaisersose
    06-16 10:45 AM
    Thanks Guys!
    PenFed.org seems be good option. I'm comparing my local credit union, lending tree and eLoan. I'll share my experience once its done. Thanks again.

    I bought a home in April. I was almost ready to go with e-loan, but it turned out my builder had his own mortgage company and he was giving me a discount on the price, if I used his mortgage.

    And the rates were pretty much the same everywhere, so I chose my builder over eloan.





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  • rc0878
    09-18 03:53 PM
    I read in one of the posts in here that for case being sent to California, the EAD and AP are being cleared much faster than other service centers...


    Does anyone has any idea about this?????



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  • vbkris77
    08-20 03:13 PM
    I Still think we have a good chance atleast all those with priority date before today.


    The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
    U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)


    No way nurses and EB1 would count more than 5-6k per year....

    Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us

    Eb2 Filings have drasticaally gone down because of the USCIS rule

    Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance


    Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used



    Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are

    Eb1 ROW +india & china
    EB2 ROW
    EB2 India + china (very limited new cases)

    and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3

    Which would leave a lot of Visa numbers for Eb3 India/china and ROW

    EB1 historically filled and this year CIS said, they may have to retro the India dates, but didn't finally. EB2 in best case got 15K visas. There are lot of EB3 to EB2 porting that will happen if the dates don't move. So EB2 it self will take 4 years to corss 2007 (I only added 25% of the porting). EB3 I God only knows..

    Remember there are only 40K visas for EB2. EB3 will use their own 40K visas. 10K from this is reserved to otherworkers. So these dates won't move unless Recapture happens and per country limits are removed atleast till the backlog is cleared.





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  • qplearn
    10-09 01:51 PM
    actually, it's not a bad system, at least in India when you pay a bribe things get done. In a crazy way its probably more efficient.
    here you have no choice, stuck in the line with no way out.

    And premium processing is nothing but an official bribe, to expedite your case. But it's an organized system of bribes: first you pay PP for H1-b, then PP for LC (aka Perm, since atty fees are much higher than for RIR), then PP for I-140, but at each stage you pay a bribe and get stuck in another long line at the next stage. Only way out is by paying another bribe.
    So, in the final analysis, which country is more corrupt?
    India does bribes on a small scale, at lower levels of authority. US does it officially thru the govt!

    Money talks in every country, and frankly I dont mind paying the price for faster service, now if only they would introduce bribes for I-485.

    I am sorry, but I have to heartily disagree with this. Bribing is one of the reasons that India is backward. Don't forget that India has millions who don't get enough to eat or drink, and also has some of the poorest people in the world. Massive corruption has helped creat a situation like that. Whenever a person takes or gives a bribe, it is like robbing someone of what they should be earning. When you pay a bribe, you are in a big or small way contributing to poverty.

    Also, I don't consider the premimum processing fee to be a bribe. The money they get is used to pay salaries to their employees legally.

    I have no doubt that the US is less corrupt, and I am glad it is this way!!!

    I guess different people may have different takes on this, and this is mine.



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  • amitjoey
    05-21 06:47 PM
    My i 140 is denied on A2P issues.Ive filed MTR.Any one knows how long it takes to hear back from them on MTR.anf if MTR gets denied can i file new 140 using same old labour ?some one help please >>>

    I got my I140 approved just today!!. It was pending since Oct 2006. And then they denied it in March 2008. After filing MTR it took a month to get it approved.





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  • aj1234567
    09-21 01:22 PM
    Hi Adusumilli-
    do you also reviced same suspense notice,because i also recived yesterday same finger frint fee rejected,case is in suspense notice.

    Thanks
    Ajay



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  • anirudh74
    10-06 01:56 PM
    Appu, who is the boy and who is the elephant? Right now both the boy and the elephant aer caught in the net( read retro) and require a friend mouse (who will it be be IV?)to gnaw at the net :D





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  • dpp
    01-10 11:09 PM
    Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.



    All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !



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  • tonyHK12
    11-12 05:46 PM
    asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.

    At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...

    Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.

    It looks like no one is watching the IV video posted above. The summary is:

    1. IV is a non-profit, and these orgs have very strict tax laws.
    2. If funds are misused, people can be put in jail and deported.
    3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
    4. Previous years annual reports are available.

    Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month

    The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
    Its not directly going to benefit me, I'm still a long way off.

    The person in the video is not me.





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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam



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  • cygent
    07-21 02:22 PM
    Hi Guys,

    This is a small list I have compiled. Can we all share our RECEIPT #'s, CATEGORY and PD's & COUNTRY as well, so we have another method to gauge how NSC is/not processing our files. I will update the list with your postings. Thanks!

    By Receipt date, As of 07/28/2008

    LIN080105**** - Pending RD 10/12/2007 RD 08/15/07 EB3 India, PD=04/12/07
    LIN0800855*** - Approved ND 10/16/07, RD 08/15/07 EB2 India, PD=04/23/07
    LIN080075**** - Approved 07/23/07, ND 10/09/07 EB2 India, PD=04/19/07
    LIN080065**** - Pending 08/15/2007 EB3 Canada PD=03/13/03
    LIN080065**** - Pending 05/24/07 EB3 India, PD=12/26/06 ??
    LIN080055**** - Pending 08/16/2007, EB2 India, PD=04/04/07
    LIN080045**** - Approved 07/17/08 ND 10/04/07, EB2 India, PD=03/28/07
    LIN0800450*** - Pending 08/15/07 EB2 India, PD=07/11/07
    LIN08002599** - Pending 10/02/07 EB3 India, PD=08/10/07
    LIN080025**** - Approved 06/16/08
    LIN080015**** - Pending 08/15/07 EB2 India, PD=05/07
    LIN0800855*** - Approved 07/14/08 ND 10/16/07 EB2 India, PD=03/18/05
    LIN0800158*** - Pending 08/15/07
    LIN072725**** - Approved 06/19/08 ND 09/27/07 EB2 India, PD=07/12/02
    LIN07270539** - Pending 08/14/07 EB3 India PD=3/26/07
    LIN0727053903 - Pending 09/25/07
    LIN0726554031 - Approved 04/28/08
    LIN0726552129 - Pending 09/20/07
    LIN0726451144 - Approved 04/28/08
    LIN072645**** - Approved 07/11/08
    SRC0780025** - Approved 07/15/2008 ND 07/30/07 EB2 India. TSC to NSC on 4/10/08
    SRC0780024** - ND 08/13/07 EB2 India. PD=06/25/07. TSC to NSC on 4/23/08
    SRC07221**** - ND 07/16/07 EB3 India. PD=12/16/01. TSC to NSC on 1/29/08
    SRC07222**** - ND 07/18/07 EB2 India. PD=08/23/06
    LIN07249505** - Pending 07/27/2007 EB1C India, PD=05/10/07
    LIN072175**** - Pending 07/25/2007 EB3 India, PD=07/03
    LIN0720754*** - Pending 07/10/2007 EB3 UK, PD=08/15/06
    LIN0720354769 - Pending 07/09/07
    LIN0720354259 - Pending 07/09/07 EB3 India, PD=05/05
    LIN0720354185 - Pending 07/09/07
    LIN0720354010 - Pending 07/09/07
    LIN0720353974 - Approved 02/08/08
    LIN0720353877 - Pending 07/09/07
    LIN0720353698 - Approved 02/14/08
    LIN0720353672 - Pending 07/09/07
    LIN0720353633 - Approved 02/14/08
    LIN0720353617 - Approved 02/01/08
    LIN0720353592 - Pending 07/09/07
    LIN0720353588 - RFE March 24, 2008, Denied 06/12/08
    LIN0720353557 - Approved 02/29/08
    LIN0720353465 - Approved 01/30/08
    LIN0720353462 - Approved 01/30/08
    LIN0720353457 - Approved 02/04/08
    LIN0720353458 - Approved 01/25/08
    LIN0720352310 - RFE 04/23/08, Approved 05/29/08
    LIN0720350160 - Approved, 02/11/08
    LIN0720350030 - Approved, 02/26/08
    LIN0720251509 - Pending 07/07/07 EB3 ROW, PD=11/04
    LIN071835*1** - Pending RD 06/14/2007 EB2 India PD=11/21/06
    LIN071965**** - Pending 06/29/07 EB3 India Sub-Labor, PD=02/15/07
    LIN0719652008 - Approved, 07/05/07
    LIN0719651928 - Approved, 07/03/07
    LIN0719651934 - Approved, 07/11/08
    LIN0719651834 - Pending 06/29/07
    LIN0719651661 - Approved, 01/08/08
    LIN0719651185 - Approved 10/03/07
    LIN071645**** - Pending 05/18/07
    LIN0716451143 - Approved 10/29/07
    LIN07156***** - Pending 05/08/07
    LIN0623351561 - Approved 02/28/08
    LIN062275**** - Approved
    LIN0622452*** - Approved 02/17/08
    LIN0621351*** - Pending 07/13/06 EB3 India, PD=03/25/06





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  • glus
    01-24 07:48 PM
    contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..

    I do not this it is a bad idea to post it, it is just that can someonce show me the benefit of showing that , for example, member A contributed $200 and member B $100?

    I am open to discusion about it......



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  • hatighora
    07-19 02:10 PM
    Why are you even working for such a company? You should be with a company that values your contribution and wants to keep you and cares for you, similarly you should accept GC processing from a company that you are comfortable working with.





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  • CRAZYMONK
    08-04 08:38 AM
    Congrats for the painless Visa stamping.

    If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.



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  • fromnaija
    09-27 12:50 PM
    I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
    ... Maybe swiss bank accounts are key to it ! ;)


    You got that right! Swiss bank accounts of corrupt third world country leaders are the key.





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  • ItIsNotFunny
    12-17 09:45 AM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.

    Most of the EB2 in my company in last few month are under audit at present. What is going on?





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  • santb1975
    06-19 08:53 PM
    So. Cal Members - There is an update posted on our State Chapter's group. you should have an email in your Inbox if you had notifications tuned on. Please act NOW.





    andy garcia
    01-22 02:33 PM
    nixstor;

    In this link How Do I Use the Premium Processing Service?
    (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) there is the following information:

    In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.





    user9
    06-06 10:29 AM
    That's good for you. As long as you understand the pro's and con's of invoking the H1B as well. The con's mostly depend on whether you have already exhausted your 6 years of permitted H1B.

    I spoke with USCIS again this morning and this time got hold of a more helping IO.