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  • loudobbs
    08-02 05:56 PM
    Please take any news/info from thereps with a pinch of salt..

    I called and the guy swore that premium processing for I140s was discontinued from May 13 2007..


    Another time the guy just read the information which was avlaible online...

    third time, I got the number for Premium processing center which of course was incorrect.

    These reps are high school grads,, so dont expect too much...:rolleyes: :rolleyes: :rolleyes:




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  • rustamehind
    07-18 07:12 PM
    Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.


    What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
    Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..




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  • I_need_GC
    02-27 02:16 PM
    Feb 07 2008 I made an infopass appointment and saw an IO he accepts my request to expedite. Finally I get a LUD saying Documents mailed to applicant on Feb 20 2008. Then on feb 21 2008 I see a soft LUD Till today I have not received the AP. Do you thinking making an infopass appointment and requesting a copy will help. The problem is I should have been in Canada on the 9th. I don't know what else to do. This is ridiculous. Gurus please an suggestions:mad: This case was filed with the Nebraska Service center.




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  • gc_maine2
    08-26 03:17 PM
    I don't know that they charge 400 for password change:mad:, I recently did it and also Customer care never informed me about this charge...

    Check their interest rate and their service fee. I don't have to say anything anymore.

    By the way what kind of convenience you received from ICICI bank? Recently i asked for a password change. You know the procedure for changing the password? I don't want to waste a page here. You yourself go and verify.

    Apart from that you have to pay close to 400 rupees for every password change. Tell me if i am wrong. I challenge you.



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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • pkv
    05-07 10:09 PM
    http://www.mercurynews.com/breakingnews/ci_9186416



    Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
    By Ken McLaughlin
    Mercury News
    Article Launched: 05/07/2008 06:51:18 PM PDT


    map loc val immig state


    When Congress passed an economic-stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.

    But in doing so lawmakers inadvertently penalized hundreds of thousands of legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.

    "Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid."

    Others in the predicament include about a million legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere.

    The scope of the problem is only now becoming clear as the government begins mailing out rebate checks. The first checks were electronically deposited in bank accounts last week.

    Because illegal immigrants don't have Social Security numbers and instead routinely use "tax identification numbers," Congress banned rebates for taxpayers who use the IRS-issued numbers.

    If a married couple files jointly and one spouse doesn't have a Social Security number, the couple won't get the $1,200 checks that other couples will receive. They're also ineligible for the $300 rebate per child. Many Armed Forces members stationed overseas have foreign spouses who can't get Social Security numbers.

    William Luong, stationed at a U.S. naval base in Yokosuka, Japan, said his fellow seamen resent that they've landed in the same category as illegal immigrants.

    "They understand the reason they're getting the shaft," said Luong, 21, who is from the Los Angeles area. "but a lot are frustrated or angry about it."

    More than 288,000 troops are stationed overseas, according to the Pentagon - not counting those in Iraq and Afghanistan. Many live in places - Korea, Japan and Germany - where extended stays often result in marriages to locals.

    The unintended situation developed after the House in late January passed the economic-stimulus legislation at the urging of President Bush. But anti-illegal immigration groups then lobbied the Senate to add the Social Security requirement, fearing that illegal immigrants would get their hands on the checks.

    The Federation for American Immigrant Reform - whose members went on radio talk shows to bash the House version of the stimulus bill - has no apologies.

    "No law was ever written that doesn't find someone falling through the cracks," said Ira Mehlman, a FAIR spokesman, who said he hoped government officials will come up with some way to help Armed Forces members.

    But H-1B visa holders and legal immigrants who are being denied rebates say they want some justice, too.

    "If the government collects taxes from us, we should be able to get rebates given to other legal residents, it should be a level-playing field," said Parveen Kumar, an H-1B visa holder who lives in Sunnyvale.

    Kumar moved to Silicon Valley from India with his wife three years ago. He now works as an engineer at Intelliswift Software in Fremont. But his wife, Anu, is on a H-4 "dependency visa" that doesn't allow her to work.

    After he found out about the rebate law, he went to the Mountain View office of the Social Security Administration and asked if he could get a number for his wife. He was told no.

    John Johnston, a spokesman for the Social Security Administration, confirmed on Wednesday that the agency's policy is not to issue Social Security cards simply for the purpose of issuing tax rebates.

    According to the U.S. Department of Homeland Security, there are now between 600,000 and 800,000 H-1B visa holders in the United States. Exactly how many are married to spouses ineligible to work in this country is unclear.

    Another group of immigrants - about a million nationwide - are non-citizen green-card holders who are already facing seven-year waits to get permission for their spouses to immigrate to their country.

    "I've been in America for well over 20 years, and I consider myself an American," said Amir Nikpouri of Orland Park, a suburb of Chicago. "All I'm trying to do is obey the laws, but this one seems really unfair."

    Nikpouri, 31, was married three years ago, but his wife won't be eligible to immigrate from Iran for a few more years.

    "We are here legally and paying taxes and enjoying what a married family should be enjoying," said Aung Moe of San Jose, 33, a Burmese political refugee who works as an engineer at Applied Materials. His wife, Mon, is an electrical engineer who is forced to live separately from her husband in Singapore.

    "Already we cannot be together, and now she cannot get a Social Security number," he said. "This needs to be fixed."



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



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  • conundrum
    03-12 03:54 PM
    As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.

    I agree with ItIsNotFunny. The very least the IV core team can do is post updates on what they are up to. That way if someone believes in a particular initiative that IV is undertaking wants to help, they can contact the concerned IV core team member and offer to help.

    I am sure instead of the core team trying to burden themselves with all the work, if they let individuals who believe in particular cause to help them, then life would be a lot easier for everyone. I guess that would also get more people involved with IV.

    I know I am out of the rat race, so if you think I am being patronizing, my apologies.




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  • jojet
    03-04 02:33 PM
    HI GUYS,
    me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
    we donot see anychanges online other than the case received and pending notice.
    is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.



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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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  • ArkBird
    08-12 03:10 PM
    Am I the only one here feeling like being used as toilet paper waiting to get flushed with other "stuff" ??



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  • chi_shark
    06-11 12:14 PM
    Hmm... so whats stopping you from making 80-100 an hour on contracting now? do you have EAD?


    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.




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  • jvordar
    07-18 06:29 PM
    guys, USCIS agreed to accept all the application but they do not have any visas to adjudicate the application... so they'll only enter the information in their database based on PD and when the date becomes current for the PD thats when they start processing the application... so nothing will be changed in terms of order of processing.. this change will only help us getting EAD/AP...



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  • Bogdan
    06-02 04:26 PM
    Also wanted to point out that the "dual intent" provision of the H1-B will be removed by this new CIR bill which will make matters worse for the people with I-485 pending as those applications can be rejected based on that.:(

    More bad news for the legals


    This is not true. I-485 will never be rejected based on that. However, you might need to show you have strong ties with your home country if you ask for an H1-B at the consulate abroad.




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  • vdlrao
    06-10 11:23 AM
    DUI(Drive Under Influence)



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  • apb
    09-12 05:18 PM
    Bumping




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  • vactorboy29
    03-05 12:54 PM
    I saw soft LUD on my 485 applications.I will update if any thing happens.



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  • eb3_nepa
    07-05 11:51 AM
    Pl create a webfax that I can send to my Senator or congresswoman. Or create a package that we can print and mail to the senators/reps.

    Pappu bhai do something regarding this.

    Rax1, why do you need PAPPU to do something, why can you not call and Fax something yourself? Are you not proficient in English, are you not educated enough.

    Can you not write a ONE page letter spedifying what happened on July 2nd and how it affected your life and that of your family? Can you not call your local senator and congressperson and educate them about what went down on July 2nd?

    Come on people, if you want JUSTICE, get up and do something YOURSELF. All we are asking you to do is Write ONE page letters. Does The IV core have to spoon feed us EVERYTHING? If you are busy ask someone in your family to do this for you.




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  • loudobbs
    07-18 04:10 PM
    The first point on the august visa bulletin says:




    Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates.

    If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.




    does this means a visa was allocated to all applications received by jun 13??




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  • arnab221
    06-20 10:45 AM
    Delays at DOL PERM Processing Center in Atlanta to End Soon!
    Posted May 11, 2007
    �MurthyDotCom
    A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
    �MurthyDotCom
    Personnel Reassigned to H2B Cases
    �MurthyDotCom
    We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
    �MurthyDotCom
    Changes Expected in the Near Future
    �MurthyDotCom
    Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.


    SKY,
    I am in the same scenario as you since my firm is headquarted in NY . Can you check with your attorney about the processiing times they are seeing for labors filed with the Atlanta processing center . My law firm says that the processing times are more or less the same for Atlanta and Chicago .




    Beta_mle
    06-10 07:46 AM
    This is not a free market for labour. This is no kind of freedom, let's call it what it is, it is indentured servitude.




    saimrathi
    07-12 10:34 AM
    Where did you get your DL renewed? Which state? :confused:

    As someone else pointed out, if you don't drive will he/ she won't get a H1B?

    This does not make sense.

    I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).

    I can understand that based on your visa expiry date, BMV may issue only limited time DL.

    I know each state has jurisdiction on these matters but there should be basically similar approach.



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