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  • coolmanasip
    07-05 10:15 AM
    good one.....I have also sent a letter to my state senators....will go to the congressman office




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  • pappu
    06-10 01:18 PM
    The best way is this .

    1) Apply labor and I140 .

    2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .

    3) Return to Booming India and have fun and make money . Raise kids . Change jobs .

    4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D

    5) Retire in the USA in instead of India . :D

    Advantages
    **********
    1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )

    2) Give kids the Indian upbringing .

    3) Enjoy with your family , friends and relatives

    4) Come and back and retire in USA after retirement .

    Why?
    Is retirement better in USA?
    Just curious to know the reasons.




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  • needhelp!
    09-10 05:40 PM
    Thank you singam, cirigadi, sirinme

    Once again.. those who want to contribute smaller amounts.
    Send them to:

    Immigration Voice

    PO Box 114
    Dayton
    New Jersey -08810

    Telephone: (202) 386-6250




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  • chanduv23
    11-24 04:55 PM
    If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.

    If that is the case, then h1b is not an option at all.



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  • coopheal
    08-13 03:55 PM
    IV Core any ideas. Will this work.



    .....
    some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.




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  • snathan
    05-02 01:13 PM
    Good job Admin2.

    Folks with ITINs,

    Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.


    I will try with SSA and update you...may be next month.



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  • bigboy007
    06-03 01:40 AM
    I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:

    ================================================== =

    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.


    ----------------------

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • B0ka
    03-11 11:50 AM
    My application was finally approved yesterday after almost 7 years in queue. Here is the sequence of events right before the approval.

    RFE email on 02/13/09
    2nd Biometrics Notice received on 02/17/09
    Lawyer receives RFE for EVL, EAD cards and Marriage Certificate on 02/24/09
    Completed Code 3 Biometrics on 02/26/09
    Soft LUD immediately after Biometrics on 02/26/09
    USCIS receives RFE reply on 02/27/09, Hard LUD and email on the same day
    Another soft LUD on 03/02/09
    CPO email on 03/10/09
    Welcome email on 03/10/09

    My PD has been current for a long time, but my application had not been touched and then suddenly USCIS became a model of efficiency. I am sure they are opening applications and approving or RFE'ing all they can. Hang in there guys.



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  • lonedesi
    08-05 12:17 PM
    ^^^^^




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  • GCBy3000
    08-02 04:01 PM
    Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?


    Ooops, i missed this in my original post. This is true for Nebraska service centre.
    I am not sure about the other service centre. Sorry dudes.



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  • optimystic
    09-10 09:36 PM
    HR 5882 has the answer for the FIFO problem.
    USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.

    Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.

    Good points.

    However ...

    How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )

    How many pending applications are there?

    How many new ones accumulating every year?

    Are there enough recaptured visas to cover all?

    Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....

    Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
    - there are enough visa numbers for all.
    - Though people may see delays, they will eventually all get their GCs
    - Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
    - It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.

    Would that be acceptable to us then?

    If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?




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  • gimme_GC2006
    03-09 12:00 PM
    For Eb2 india and china dates will be like this in April 2009 bulletin.

    Eb2 India : Feb 2005
    China : Feb 2006

    May 2009 bulletin

    Eb2 India : May 2005
    China : May 2006

    June 2009 bulletin

    Eb2 India : Sep 2005
    China : Sep 2006

    July 2009 bulletin

    Eb2 India : Feb 2006
    China : Feb 2007

    August 2009 bulletin

    Eb2 India : May 2007
    China : May 2008

    What is the basis for this prediction or just a lotto guess :)



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  • helmet
    10-21 05:15 PM
    i think AC21 is a law passed by congress. So no matter how it is but it has to be followed by USCIS.
    Now a days USCIS staff doen't have correct knowledge about AC21 so with out understanding they are rejecting.
    Initially I got my H1 extension only for 1 year even though my 140 is approved and 485 filed. Then i fought to USCIS and showed the pdf doc from AC21 which states that they have to issues 3yrs extension.
    Then they issued for 3yrs.
    It is all lack of knowledge abt AC21.




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  • nk2006
    10-24 03:05 PM
    Seems like there are more such cases - there is a news item on this topic yesterday on www.immigration-law.com with the title "10/23/2008: Increasing Customer Reports of Denial of AC-21 Ported I-485 Applications Without NOID by USCIS Upon Petitioner's Withdrawal of Approved I-140 Petitions"

    Seems like they too dont know whether its related to untrained USCIS staff's mistake or some other issue.



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  • jonty_11
    07-06 11:22 AM
    Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.
    Totally concurr...Just follow ur heart and IV.....
    Go IV go!!

    here is Oh Law firms take on NYT report - sorry if its a repost
    ========================
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.




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  • Green.Tech
    06-07 12:30 PM
    Bump.



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  • BostonGCVictim
    01-02 04:45 PM
    This is from a guy who left after years of waiting. I don't know him personally but his prose is very powerful.

    Read it here at http://tired-immigrant.blogspot.com/




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  • saimrathi
    07-05 01:22 PM
    Mailed them yesterday.. NorthEast Pa (Bradford County)

    Which part of PA?

    Look up your Zipcode in

    http://www.house.gov
    http://www.senate.gov

    The Senators in PA are

    Sen Arlen Specter. Immigration Contact. Mr Ken Altman
    Sen Bob Casey. Immigration Contact: Mr. Kurt




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  • EkAurAaya
    07-11 03:32 PM
    They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
    If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
    the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html

    Oh - I got excited for nothing! Thanks for correcting me.

    So "Other workers" is also considered EB3? who falls in this category...?




    satish_hello
    10-16 02:20 PM
    Hi all,

    I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.

    Can we send 7001 form without employer signature.

    Thanks




    kdprasad
    07-06 01:49 PM
    I dont understand how organizations like DOS , USCIS can do such
    Ping-pong childish things in their official website.

    Save us God !

    This shows that they are preparing for the legal fight!! Covering up as much as they can.



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