Thursday, June 23, 2011

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  • rajakannan
    06-28 10:19 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,

    Source: http://www.immigration-law.com/

    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.





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  • mhtanim
    11-19 12:46 PM
    Finally I too received my FP notices, however I am scheduled to attend ASC in my attorney's location, I called customer service and now I need to wait till ASC finds an open spot to schedule FP at my location.

    What else can you expect from USCIS ??? :rolleyes:

    I am sorry to hear that USCIS has messed up your FP appointment.

    When (what date) did you get a notice from NSC saying that your I-485 is now transferred into NSC and now pending from processing?





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  • raysaikat
    07-19 10:20 PM
    B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.


    There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).





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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.



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  • sushilup
    02-14 08:48 AM
    I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.

    Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?

    -a

    Did you change company? or filed AC-21.

    My PD is also close to yours and transfer is TSC-CSC-NSC

    I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status





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  • delhirocks
    07-15 05:42 PM
    Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL..

    That sucks..Thanks for the explanation


    At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.

    Iam in the very same position. I do not have kids and thus do little research on the acts pertaining to this situation. But I am all for doing my part, if someone can explain and provide relevant links on how this will impact the EB community. I have no qualms in admitting that Iam in IV only to support the EB cause (it also helps me). I do not want IV to take up a cause that will have a dilutive effect on EB cause.



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  • heywhat
    06-18 06:07 PM
    bump





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  • Siboo
    07-27 03:06 PM
    I am July 2 filer...

    I mailed second set yesterday...

    Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

    I am smart...;)

    It is not late now.

    You may send one to California Service center, one to Vermont Service center and the final one to National Support center.

    I am sure you will get at least one Receipt number. :D :D



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  • grupak
    06-12 03:37 PM
    Perhaps there should be separate EB category for anti-immigrant immigrants. At least we will have smarter bigots to contend with. :D

    Hilarious :)





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  • raysaikat
    04-10 12:24 PM
    I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b.
    Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it!
    There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don�t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required!
    These bodyshops consultant are just bad for everyone- for deserving students, schools and industries.
    So I think bodyshops consultant should not be allowed to apply for h1-b at least.

    You have nailed it! And it is most prevalent not at the big schools, but rather unnamed "teaching" schools. Absolutely rotten students join M.S. of these universities in hordes, and don't care/able to study. Works in gas pumps and grocery stores to pay for their bills/tuitions, in violation of F-1 regulations. And then get "H1-b" through these body-shoppers.

    At the risk of repeating myself, I will say again: just one regulation preventing software consultancies (read: body-shoppers) will remove almost all woes against H1-B program and have a very positive effect on the GC queue in the next decade.



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  • greensignal
    06-19 02:02 PM
    Akhil,

    Can you pls send me a copy too? thanks in advance!

    a copy for me also please.





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  • nikamd
    05-11 06:03 PM
    Gaz,

    Totally agree with you. We always think and hope grass is greener on the other side and in this case we may not realize now difficult it might be for these kids to have a normal life.

    In our case by which I mean the EB community we have our own issues which for us would see the most important and of the highest priority. I am also in the same boat and think about it day in and day out. I just think about it and my actions to improve the situation have been insignificant. Hats off to you all for trying to improve the situation and contribute in changing the system.



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  • naushit
    02-01 05:18 PM
    Also add....

    7. STOP calling us "ALIENS". We are from just eastern part of earth.

    when I am called alien...I am really pissed.
    No tip for you....if you call me alien.





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  • x1050us
    07-19 09:51 AM
    My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?



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  • gimme Green!!
    06-20 03:42 PM
    Isn't concurrent filing still available?

    At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.

    Now these GCs are getting aproved. So, don't worry.





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  • jkays94
    05-15 03:01 PM
    Indeed if the major concern is the displacement of US workers and outsourcing, the Senator's should also send their questionnaire to companies such as Accenture (essentially a foreign corporation (http://www.gao.gov/new.items/d03194r.pdf)) and IBM Global Consulting among many other companies.

    http://www.truthout.org/mm_01/4.dnc.gop.tax.report.pdf

    Many of these corporations lobbying against cracking down on corporate expatriates and seeking to enjoy the tax breaks in moving offshore have been funneling campaign contributions to Republican federal candidates and parties. As the table on the previous page shows, Accenture contributed $237,584 (69% to the GOP) in the 2000 elections, and $207,081 (62% to Republicans) so far for the 2002 elections. Pricewaterhouse Coopers contributed more than $1.1 million (76% to Republicans), and more than $500,000 (81% to the GOP) already for the 2002 elections. Overall, these companies contributed nearly $2 million in 2000, with nearly another million thus far in 2002 – more than three-quarters going to GOP federal campaigns. These millions in contributions are clearly paying off.

    Any surprise that Grassley received $4000 (http://www.congress.org/congressorg/bio/fec/?commid=C00300707&page=campaigns&order=TOTAL&cycle=2003-2004) from Accenture in 2003-2004?

    So that the point is not lost, the two Senators should not seek to blame certain companies from only one country for the ills of outsourcing as well as attempt to blame the H1-B program for outsourcing when globalization is the order and reality of today's world. The fact that companies such as Accenture that specialize in outsourcing are not under similar scrutiny by the same Senators even when it is common knowledge their actions have resulted in the loss of US jobs raises serious questions about the Senators agenda in tackling outsourcing and in retaining US jobs in the US



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  • GCneeded
    06-01 02:32 PM
    Voted YES





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  • raydhan
    04-01 04:31 PM
    Sent Fax# 10





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  • mailmy_gc
    10-29 01:40 PM
    If USCIS says, there is no problem to continue with our employment as long as we have applied for EAD renewal, there wouldn't be all this emotions. Every one would have normal BP. They must just come out and say that I would be ok to continue working.

    It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".

    Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
    Is it OK to take paid vacation when EAD expires ?? or Do we need to take unpaid vacation.

    My EAD is pending for 100 days now. I still have have 18 days to go. I applied 118 days before... I tried all the ways, I can but none of them yet worked. Took infopass appointment, contacted senator, called USCIS and expadaite, sent mail to Ombudsman (no response at all).

    Totally frustrated ...

    BTW, did any one got EAD approval from NSC this week.





    mhb
    07-06 06:45 PM
    Contributions go well with congratulations...
    PLEASE, GO TO WANDTV.com and the synopsis of the interview has been posted there. it will be broadcast nationally tommorow!!!





    jk333
    09-19 03:26 PM
    Hi Anna,

    I see your point. You want to keep the momentum and keep
    striking the iron when its hot.

    But lets give the IV core and volunteers a few nights of good
    sleep. They have all been working really hard and deserve this.

    I am sure they have a strategic roadmap for us..


    You know that's my point. do you really think we can't do nothing more?.....

    we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....

    This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...

    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.

    I'm no negative just wondering how to measure the success of the rally?



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