Saturday, July 2, 2011

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  • dontcareanymore
    10-29 01:27 AM
    What a silly season :)

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  • meridiani.planum
    12-19 11:28 AM
    How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?

    wish life were simple huh?

    Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "

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  • lost_in_migration
    05-29 04:31 PM
    And I thought it could not be worse than what we already got :(
    What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:

    Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.

    Excerpt from ",0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).

    Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
    ... ...


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  • lordoftherings
    07-17 12:13 PM
    I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
    You are more SELFISH than anybody else and you lack farsight. You are the one just thinking about yourself only. What will happen to all those old guys whose labour is stuck in backlog centers. If they can't get to file this month, they have to wait for another 6 yrs before visas become available. What will happen to new filers who plan to file GC soon. They have to wait forever.


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  • guy03062
    07-27 03:53 PM
    why not 1 to Mr. Emilio Gonzales and 1 to Dr. Rice...just to be on safe case none of these centers accepts your application :D

    You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D

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  • qualified_trash
    12-13 04:07 PM
    That may be but do you actually think this practice is fair and should be legal. To me and hundreds of thousands of other folks who are patiently waiting in line, it is fraud because you are cutting in line. The sad part is we see that you are cutting in line but we can't do s**t about it just because it's legal.

    Why do we all start complaining when illegals get preferential treatment than us? We all start saying that we came here legally, we pay taxes, we waited in line, we did everything by the book.. bla bla bla. Well .. they are also getting their gc legally so the why do we complain?
    we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?

    as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.


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  • insbaby
    04-09 08:33 AM
    could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.

    infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.

    - mortgage rates are one.

    It is difficult to get a document from the underwriter on what basis he/she approves the interest rate.

    Anything over $10K, an interest rate of 4.875% saves lot of money compare to 5.5%

    But why one gets 4.875% and another one gets 5.5% may not be questioned.

    There was another thread, a post replied as when he forced a bank to send him a document with explanation why his application was denied, it had very generic info, carefully excluding things that trigger legal battle.

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  • anilsal
    12-26 10:25 AM
    a couple of months can call the customer service to at least get someone look at their files.

    Demand for visas exceeds the supply.


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  • myvoice23
    08-07 12:28 PM
    Hello myvoice23 ---

    How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.

    I am stuck with PD is 09/2004...


    not sure. What I got msg from IO when I went had infopass appointment.

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  • mmj
    04-19 04:21 PM
    Why not to use that very same ID you have been using for 2 years to post this one also? That way others will know you have been a member and also contributed in the past. No confusion and peace.

    Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...


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  • rimco99
    07-27 01:32 PM
    to get the receipts. Lets not bug them and have them work instead on receipting. With over 500K+ applications, it'd be a while to get the reciept..
    oops did i mention EAD/AP..ur gonna have to wait a really long time on that one.

    Can't we request for a temporary EAD 90 days after you receive the notice ? in the local immigration office (For Example in Boston).

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  • eb3retro
    04-12 11:48 AM

    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.

    very nice analysis.


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  • gc_on_demand
    06-05 09:02 AM

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  • anu_t
    08-22 01:58 PM
    I am really surprised. Why would it EB3 go back to 2001.
    I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:


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  • santb1975
    06-17 01:21 PM

    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.

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  • doggy
    07-22 02:21 PM
    This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language

    I hope we keep our dignity and self respect

    Oh, the message was not intended for anybody. It was a way to prove that I'm not one of the Antis.

    Sorry to offend you, or anybody else. I've removed it.


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  • gc28262
    03-27 12:27 PM
    Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
    Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
    Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
    You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.

    As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.

    Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.


    I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.

    Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.

    US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.

    If they want an ID, let them separate it from drivers license.
    I can't agree to every single law being setup by some ignorant lawmaker.

    Some examples.
    NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?

    TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?

    I have come across many such restrictions/situations which does not make sense. So my angst.

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  • nozerd
    04-13 11:45 AM
    So why isnt EB3 India moving at all ?

    Even bigger news is that "Other Workers" have become Unavailable for the whole world.

    It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.

    This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.

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  • h88
    02-05 04:31 PM
    Originally posted by senocular
    wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee

    Even more sometimes:

    05-13 04:39 PM
    there is something like fiancee visa, please search for more details on that

    08-21 10:27 AM
    Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.

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