Friday, July 1, 2011

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  • franklin
    08-22 07:38 PM
    Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.

    (1) Are these steps taken in a sequence?
    (2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..

    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000


    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)





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  • svgupta
    04-12 11:52 AM
    I think this has been discussed on some other thread.. would it be a good idea to make the contributions public.. may be, this encourages others to contribute, when they realize how much more is needed to reach the monetary goal.





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  • unitednations
    08-15 07:02 PM
    There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.

    USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?

    Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?

    People who left employer early or want to leave early will say it is ok; because it suits their needs.

    People who plan on staying later or don't have any intention of leaving early will say to stay.

    Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.

    If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.

    Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.





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  • gc101
    07-18 09:39 AM
    Hi,

    Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.

    But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.

    We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.

    1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?

    2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?

    3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?

    Please remember, she DOES carry H1-B on her own.

    Thank you,
    gc101.



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  • miguy
    05-15 10:00 AM
    I didn't know we could file for both simulataneously. I thought it is either one or the other. Can someone clarify?





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  • NolaIndian32
    05-29 01:55 PM
    Weldonsprings, you might be mistaken about the UAFA bill which is up for a vote on June 3, 2009. The intent of the UAFA is to allow US Citizens and permanent residents to sponsor their foreign-born partners for permanent residency by means of demonstrating a "permanent partnership". Let me re-emphasize, this bill is geared primarily for the LGBT Community of which I am a proud member, so if you are supporting this bill, my thanks to you.




    [QUOTE=WeldonSprings;343823]That is correct! The bills in the house and senate coming up for discussion does not mention visa re-capture. However, Please look at the titles-don't they sound the same. The contents are different. The content of S.424 is to give permanent residents the same STATUS as US citizens so that they can sponsor their wives, parents, brothers, sisters and doggies...So an amendment is necessary. That's why I have written in the original post-



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  • zephyrus
    10-31 06:02 PM
    Did you get any response from USCIS? Is it worth trying?

    Hi

    I used the provisions of AC21 and changed jobs in early 2005. FOIA requests will work for your I-140. I-140 is filed by the employer on your behalf and is therefore your paperwork.
    It took approximately two and half months to come through.

    HTH
    - zeph





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  • ashkam
    06-30 11:00 PM
    Thank you guys,

    Even if it's EB3? Eb3 requires only Bachelor, without any experinece, am I wrong?

    Only Eb2+ 5 years of progressive work experience requires all the employment letters throughtout the 5 years. Am I accurate?

    Thank you again for your help.

    Depends on what your company gave as the qualifications for the position. In my case it was EB3 bachelors + 2 years work experience so I had to give experience letters.



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  • ragz4u
    05-11 10:27 AM
    http://news.yahoo.com/s/ap/20060511/ap_on_go_co/immigration

    WASHINGTON - Senate leaders reached a deal Thursday on reviving a broad immigration bill that could provide millions of illegal immigrants a chance to become American citizens and said they'll try to pass it before Memorial Day.
    [/URL]
    The agreement brokered by Senate Majority Leader Bill Frist, R-Tenn., and Minority Harry Reid, D-Nev., breaks a political stalemate that has lingered for weeks while immigrants and their supporters held rallies, boycotts and protests to push for action.

    Key to the agreement is who will be negotiating a compromise with the House, which last December passed an enforcement-only bill that would subject the estimated 11 million to 12 million illegal immigrants in the United States to felony charges as well as deportation.

    Frist said the Senate will send 14 Republicans and 12 Democrats to negotiate with the House, with seven of the Republicans coming from the Judiciary Committee and seven of the Democrats chosen by Reid.

    Frist said a "considerable" number of amendments would be debated when the Senate begins debating the bill early next week.

    It would be the most comprehensive rewrite of immigration laws since the so-called Simpson-Mazzoli bill some 20 years ago.

    Reid acknowledged on the Senate floor Thursday morning that he "didn't get everything that I wanted" in the agreement, but said Frist didn't either. Reaching the agreement is "not easy with the political atmosphere," Reid said.

    Reid had been taking some criticism for refusing to move forward on the bill after complaining that Republicans were trying to undermine it with amendments and insisting that Democrats be allowed to have a say in who serves on the conference committee.

    Republicans, too, have had opposition from conservatives to the compromise proposal. These critics consider its path to citizenship provision for illegal immigrants and hundreds of thousands of future guest workers to be tantamount to "amnesty."

    They've also had to contend with fallout from opposition to the House bill that triggered nationwide protests that drew hundreds of thousands in Los Angeles, Chicago and Dallas, and hundreds more in other cities and small communities.

    Presidential and midyear politics have been a subtext to the immigration debate. Frist and Arizona Sen. John McCain ([URL="http://us.rd.yahoo.com/DailyNews/politics/news/ap/ap_on_go_co/immigration/19003417/*http://news.search.yahoo.com/search/news?fr=news-storylinks&p=%22Sen.%20John%20McCain%22&c=&n=20&yn=c&c=news&cs=nw"]news (http://us.bc.yahoo.com/b?P=m2Mu586.I3oEETl1Q8LB5QD5P.66CkRjVskADpMk&T=1bhktcstd%2fX%3d1147360969%2fE%3d83018124%2fR%3d news%2fK%3d5%2fV%3d2.1%2fW%3d8%2fY%3dYAHOO%2fF%3d2 444784108%2fH%3dY2FjaGVoaW50PSJuZXdzIiBjb250ZW50PS JBbWVyaWNhbjtpdDtIb3VzZTtJdDtwb2xpdGljcztkZWJhdGU7 QnVzaW5lc3M7cmVmdXJsX3VzX2YzNjJfbWFpbF95YWhvb19jb2 0iIHJlZnVybD0icmVmdXJsX3VzX2YzNjJfbWFpbF95YWhvb19j b20iIHRvcGljcz0icmVmdXJsX3VzX2YzNjJfbWFpbF95YWhvb1 9jb20i%2fQ%3d-1%2fS%3d1%2fJ%3d5023BECE&U=13994266v%2fN%3dp7iUVc6.Irk-%2fC%3d395108.7908979.8803055.1414694%2fD%3dLREC%2 fB%3d3338499), bio (http://us.rd.yahoo.com/dailynews/capadv/bio/ap/ap_on_go_co/immigration/19003417/SIG=117abbj56/*http://yahoo.capwiz.com/y/bio/?id=192), voting record (http://us.rd.yahoo.com/dailynews/capadv/vote/ap/ap_on_go_co/immigration/19003417/SIG=11gvsboie/*http://yahoo.capwiz.com/y/bio/keyvotes/?id=192)), one of the architects of the legalization proposed, are speculated to be competing for the 2008 GOP presidential nomination.

    The compromise bill the Senate will consider builds on legislation approved by the Senate Judiciary Committee 12-8, with six Republicans voting and all Democrats approving the measure.

    That measure absorbed a bill drafted by McCain and Sen. Edward M. Kennedy (news (http://us.rd.yahoo.com/DailyNews/politics/news/ap/ap_on_go_co/immigration/19003417/*http://news.search.yahoo.com/search/news?fr=news-storylinks&p=%22Sen.%20Edward%20M.%20Kennedy%22&c=&n=20&yn=c&c=news&cs=nw), bio (http://us.rd.yahoo.com/dailynews/capadv/bio/ap/ap_on_go_co/immigration/19003417/SIG=117gklk9e/*http://yahoo.capwiz.com/y/bio/?id=297), voting record (http://us.rd.yahoo.com/dailynews/capadv/vote/ap/ap_on_go_co/immigration/19003417/SIG=11gbh3bl6/*http://yahoo.capwiz.com/y/bio/keyvotes/?id=297)), D-Mass., that called for allowing illegal immigrants to work toward becoming legal permanent residents.

    President Bush (http://search.news.yahoo.com/search/news/?p=President+Bush) had helped accelerate progress on the bill after meeting with a bipartisan group of senators last month and stating clearer support for allowing illegal immigrants a path to citizenship.

    "Business and labor, Democrats and Republicans, religious leaders and the American people strongly support our plan to strengthen borders, provide a path to earned citizenship for those undocumented workers who are here and put in place a realistic guest worker program for the future," Kennedy said.





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  • waitingnwaiting
    05-31 11:11 AM
    h1techSlave you are right about why EB3 not working because they have no hope and not because they have gone back and/or ported.

    Surprising when i say thE same i get a lot of reds :D

    Because you say and not do anything.



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  • Caliber
    05-07 02:20 PM
    Is something being arranged on the chapter level as well?

    I was there for rally and will also join for this one.

    Amit has just now sent an email to most of the members that attended DC meet in 2007. I hope you were part of that email list. Otherwise, send me a PM.





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  • RamBihari
    02-15 05:49 PM
    hi,

    i have 3 yrs degree + 1 yr pg diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that i am doing.

    I am currently filed in eb3 category, and new company i am changing job to are ready to refile my gc. But they won't file my gc in eb2 category, as i don't meet the 4 yr bs requirement.

    My son will be in the highschool in 4 years, and i don't want to spend a lot of money on getting ms to myself. But for the gc i am looking for fastest and cheapest way to get ms program. I have no idea how it works, what qualifies me for a degree, what can i get credits for. Any inputs would be appreciated.

    Thanks!


    1



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  • satyasaich
    04-09 11:52 AM
    Current crisis in UK is just one example, and i'm not surprised to see "slow bleed" approach.
    It's up to individual situation and decision what to do next
    Gandhi was never an immigrant and was in SA for solving a legal case on a temporary contract. He was always wanting to go back to India but because of the conditions of Indians, he was urged to stay back and help them, he actually went back in between and again came back to SA for a more organized effort.

    The situation now is different. The Durbin Grassely bill lobbyists are basically doing what has been happening in UK where local population do not want Asian immigrants taking high paying challenging jobs in their own soil. They don't seem to care if these jobs go away because the effect will be long term and as such it is a known fact that in these days, we seldom see the immigrant community having a good cooperation, every immigrant feels that one less immigrant, it is good for him.

    This has been happening in every country where highly skilled migrants take job positions in countries like Aus, NZ, UK, Germany etc..

    The US system is harder to crack for anti immigrants than these countries. So they follow this slow bleed approach. On the long run their objectives will be met though it would force out high skilled jobs abroad.

    One good thing is that developing nations must capitulate on this and make their labor laws good and also copyright laws and patent laws so that innovation and products are developed in developing nations and so called developed nations will bleed technology and innovation.





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  • somegchuh
    06-28 01:24 PM
    Guys,

    Is this really bad news for those with pending I-140? Does it mean they expect 140 processing to be so overloaded that they can't commit to premium?

    My 140/485 was filed in mid-Feb 07. Any ideas what to expect as far as 140 processing is concerned? I am pretty sure 485 processing will slow down as they will get busy with so many new applications and working on new EAD/AP applications.



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  • krishmunn
    04-20 02:14 PM
    I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.

    You do not know lot of things. I suggest get some education before you jump again in bashing EB3s





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  • jkays94
    04-26 11:07 AM
    Excellent job, great article! Just an observation that it may have helped if the article had also mentioned that IV members also come from several other countries.



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  • spicy_guy
    06-04 03:02 PM
    On a lighter note- "motorize"... at the DMV?

    Haha... Typo.... Anyways, any idea on my original question?





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  • terriblething
    06-12 03:01 AM
    I was charged Class 1 misdemeanor with battery at California. If I finally reject DA offer (only waive Jail time, but keep the same charge and 52 weeks anger control classes plus 3 yr probation), I have to go jury trial middle of July.

    My wife and I just kid around at our apartment, she suddenly scream as pee on pants. (probably from my holding, but at least it is un-intent accident) but she did not tell me the reason that time. As she scream very loudly like be out of control. I try to comfort her but no result :(. Then 2 neighbors call 911. Cop comes, my wife said we kidding around, but not say the real reason for embarassment, sure there is no injury, no mark. But I am so stupid to describe the detail and said word "drag", In my poor English, drag is not that serious. Actually I just lift and hold my wife and try to move her to study room as she want to go there. That's all. But that time, I did not realize that serious. That cop record I am irritated and drag my wife's hand and push her to computer chair ( I really not said that push to chair thing), then she screaming! I was immediatedly arrested that time and leave the fingerprint at police office.

    Then I hired a criminal attorney, but DA refuse to dismiss or reduce my class 1 level charge. Only waive the jail time. My attorney said my own statement is not good for me and easy to be attacked.... he tried to persuade me accept offer... :(

    I feel really upset but hardly to accept DA's plead to guilty offer. Both my wife and I think I did nothing wrong. Now my wife try to contact DA through email.

    I prepare the worst thing, if lose the case in jury, will my GC gone? I filed 485 last June and fingerprint August/2007. The arrest happen at earlier March. And worst case, will I be deported immediately? Now I still in H1, expired at 2011.

    Really appreciated if you can give me any advice.:(





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  • black_logs
    05-11 03:17 PM
    bkarnik,
    You mentioned this in your message 'if the SKIL bill provisions are also included as amendments' , where did you get this ? are you making a guess ? If it gets included then nothing like it. DOL backlog gets cleared in 6 months. Return of Visa revalidation. Begin of I-140 premium processing etc. etc. Skill bill is too good.



    Friends...please...the CIR is still better than the present situation we are in. It increases the H1B numbers, it increases the amount of GCs availbale per year, it excludes dependents from the quota, it excludes STEM advanced degrees (currently employed as well as future students) from the quota, it does require the illegals to wait at least 6 years before they can file papers for their GCs and then thay get to be at the back of the line, additionally, if the SKIL bill provisions are also included as amendments, it will also provide a premium processing facility for I485. The SKIL bill also mandates the DOL to clear all backlog within 6 months. The thinking is that by the time the undocumented aliens (somehow, I do not like the word illegal) enter the pipeline, the current backlog will be cleared and all dates will be current.

    Given, the uncertainity in the process right now, I still feel that CIR is the way to go. Also, if it were not for the issue of the undocumented aliens, there would have been no incentive or push to do anything about the system and we would be stuck with this system. As far as the USCIS efficiency is concerned, I would not underestimate them either, the USCIS is known to be very efficient when it needs to (prime example the spectacularly efficient and successful H1 B premium processing system) so keep the faith and help yourselves achieve your dreams :)





    Kumbakonam
    11-04 01:18 AM
    Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
    There is a limit I think but it must be like $25K..

    Good Luck


    If you have an NRE or NRO account, the money cannot be deposited into those accounts from India. This is my personal experience.





    senthil1
    01-14 01:44 PM
    Looks like it is for illegal immigrants as it asks for continous stay. Most legals would not have stayed continously as they might went out of country for vacation

    I wonder how it would work for existing AOS applicants. The existing applicants have already applied under the INA c9 subsections. The text of the current bill states that the applicant needs to apply under this bill's section to adjust status, similar to 245i. Now if this means reapplying under this section, that would mean another flood of applicants. Obviously with such a deluge, you wouldnt need a quota, the CIS system itself will take years to sort out the applicants.



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