Thursday, June 16, 2011

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  • brawn81
    11-06 11:56 AM
    Thanks





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  • superdude
    09-18 11:04 PM
    I totaly agree with you





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  • bheemi
    07-02 07:32 PM
    WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.

    Ask funds for some other work but not for lawsuit..





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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.



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  • walking_dude
    09-19 01:07 PM
    On the flight back I was watching LIES Dobbs on Communist Nativist Network...

    Corrected.

    On the flight back I was watching Lou Dobbs on CNN and they used a clipping from our rally and did a whole piece on illegal immigration without even mentioning the rally!! That is so typical of the media.





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  • prince_waiting
    09-26 10:06 AM
    Respected Editor,
    Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
    CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.



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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.





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  • NKR
    09-19 04:06 PM
    Why do you insist that I stop posting, since you don't like it. :confused:
    Never insisted you stop posting, was only hoping that you will post some sensible stuff

    If you don't want to hear the problems, you don't have to read these posts.
    It�s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.


    Since you think this is all my prediction - Today from washington post

    I am sticking to your advice, I am not reading that boring news.



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  • GCNirvana007
    10-10 01:33 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?

    No how about carry the documents which is required by LAW rather your criminal suggestion?

    Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.





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  • vandanaverdia
    09-11 01:51 PM
    GC is not too close....
    September 18 is not far away...

    Come to DC and bridge the gap!!!!

    GO IV!!!!!!



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  • jayleno
    09-05 02:39 PM
    I can understand why an individual fake resonably to get a job, though I do not support it. I dont understand these stupid companies hiring the desperate students and doing all these stuff in the name of business. I dont know how people who have those companies do all this stuff just for extra money and sleep peacefully at night.

    I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.

    It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.

    Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.

    They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.

    At the same, contracting, consulting is all about this. When no party likes, they can always let go.

    -the116





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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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  • greencard_fever
    04-06 07:38 PM
    Please send him this link
    http://immigrationvoice.org/forum/showthread.php?t=24126&page=8

    He needs to post it himself if he wants to come back and if the story is true.

    We need real people talking about it first hand.

    Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.

    Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..





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  • Jaime
    09-10 12:35 PM
    You want to start your own company and give jobs to Americans, but can't- Because you are on an H1-B, and you are not allowed to work for your own company if you start one, so you cannot support yourself.



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  • greenlight
    08-17 01:45 AM
    hi everyone,
    I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

    I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
    I recently got a master's degree in another field, and my current job can hire me in a different position.

    Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

    Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

    Thanks.





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  • AirWaterandGC
    07-15 03:39 PM
    Talk to an attorney soon then.

    I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
    I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
    I plan to speak with a competent attorney once I know for sure the 140 revocation history.



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  • EB2_Jun03_dude
    04-25 10:49 AM
    Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.

    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...





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  • greencard_fever
    07-28 04:54 PM
    Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D

    I agree that we need some stress release discussion but i disagree that this the topic which we need to discuss on..open up any other thread which will give a healthy discussing like to discuss about the current market trend in US or open up a thread which will helpful to understand the recent N-deal of India-USA saying that how much india will get benifit with that and how?





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  • GCKaMaara
    04-07 10:52 AM
    I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.





    delhiguy
    07-09 08:39 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...

    That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..





    waitnwatch
    07-28 04:16 PM
    Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd


    Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D



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