Wednesday, June 15, 2011

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  • alterego
    12-12 07:09 PM
    How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??

    Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.

    You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!





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  • ravindrajadeja
    04-30 08:34 PM
    Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.


    Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..

    Thanks again





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  • bkarnik
    07-21 04:34 PM
    I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(





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  • tikka
    06-03 02:07 AM
    Thanks. When you get a chance can you please send web faxes. It is under main menu on the left side.
    You can send the faxes to all 50 states. Please update the web fax thread once you are done!

    Thank you again!

    Keith Ellison, Congressman from MN was in Milwaukee, WI today.
    I had a chance to meet with him on a small gathering for his fund raiser.

    He is a member of Judiciary commitee.

    We asked him questions on how to become more active in Politics, how Congress works etc etc.

    He gave a good example:
    He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
    And if one kid is shy and does not say anything then he is not going to get anything.

    Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
    So when they vote they know that what are issues for legal immigrants.

    If you don't then you won't get anything. It is that simple.

    thanks,
    engineer



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  • learning01
    05-24 01:44 PM
    Good job.

    http://www.tulsaworld.com/images/2006/060523_A1_Still55192_a1immigrant.jpg
    Fantastic job Salil. The idea of the poster was simply fabulous.

    Keep it up!

    S.





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  • jr8rdt
    01-07 02:51 PM
    casinoroyale - can you clarify, you are contradicting yourself.

    your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.

    your second email says:
    Ok, after using AP there are two ways in order to reinstate H1B status.
    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    -can or can't we use H1 after using AP.
    -what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?



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  • pcs
    04-17 12:54 PM
    Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)





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  • waiting_4_gc
    07-27 03:30 PM
    You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

    But you are correct for RD :)


    Umm, what if USCIS takes more than 180 days to encash the checks?

    Do we have to re-file the application/re-send the check?:confused:



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  • a1b2c3
    07-04 11:57 PM
    Is this for sport or for self-protection, if you don't mind me asking. What kind of gun would it be? Just curious.





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  • Mariarisoleary
    01-16 03:16 AM
    Please change this.I am new here so I cannot this......so please change this......



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  • harivenkat
    05-11 03:21 PM
    Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
    Please send him emails.



    Dear Senator Leahy,

    This is regarding recent hearing from USCIS Director Mayorkas and his response
    to issue of backlog.

    The issue of immigration backlog is a ubiquitous one ranging from family to employment.
    Employment being really the big issue with 1-2 million legally working applicants waiting
    to get greencard.

    It is surprising that Mayorkas is not aware of this Burning situation faced
    by a million plus legal applicants and that he needs to consult the experts. I wonder
    if senate is interested in doing anything better, other than settling in for such a
    mediocre explanation from the Head of USCIS.

    What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
    Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
    backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
    who are suffering first hand as result of such services of provided by USCIS :

    Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...

    http://www..com/usa-discussion-forums/i...

    USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
    Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
    gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?

    Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
    greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.


    God bless you Senator !

    Your's sincerely,





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  • chanduv23
    02-12 01:36 PM
    - lazy folks, are NOT just lazy to contribute $$
    - many simply just dont know what mess that are into yet

    im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.

    I second this. Most people have no clue what kind of mess they got into. Everyone is used to the comforts of life in the US and want to make it their home by any means, but no one understands that life is not easy.



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  • gctoget
    09-26 12:22 PM
    How long does it take to get EAD card by post after Finger printing is done?





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  • rajuram
    03-24 11:24 PM
    Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).

    My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.



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  • aau
    08-08 10:34 AM
    Sorry to hear about your friend's situation.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



    Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).

    Think before you write..





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  • kaisersose
    11-30 03:40 PM
    They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.

    So for this approval to be valid, some IO should have

    1. Picked up a July application for processing

    2. Ignored the PD requirement

    3. Approved the derivative without bothering to first approve the primary.

    Three mistakes together is impossible. It is just a data entry error.



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  • english_august
    07-05 10:03 PM
    I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?

    A single bouquet to the USCIS, perhaps will meet that fate. 500 on the same day? Well, that's a news story and that's what we are trying to do here. ;)

    Moreover, I don't understand the argument that those $30 given to IV will be useful. I am sure it would be and I am a recurring contributor, but can't these 30 dollars be over and above what we give to IV? It shouldn't be an either-or situation. I think this is an action worth taking.





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  • brb2
    04-06 07:54 AM
    People over 5 years will be eligible to apply for green cards after 6 years! This bill puts illegals in the place where they should be put, and I would not call it amenesty by any measure.

    With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

    IMHO, this bill amounts to saying,
    1. Let's legalize some of the illegals
    2. Let's push the the rest of the problem away for another 10-12 years
    3. A compromise

    But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?





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  • minimalist
    11-16 10:39 PM
    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.

    You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.

    Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.





    eb3_nepa
    01-14 03:07 PM
    Only H1 reform is likely by feb 15th.

    Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?





    mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.



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