Saturday, July 2, 2011

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  • purgan
    04-13 11:34 AM
    India EB2 and EB3 categories still stuck...for the past 8 months now:mad:





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  • thecipher5
    04-03 12:21 PM
    Hello!

    I'm willing to meet the lawmakers for the immigration bill in New Jersey...

    If anyone else who is already working on this or has scheduled any appointment, please let me know.


    -- thecipher5





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  • keepon
    07-15 09:01 PM
    would you please send to me too?
    Many thanks!





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  • India_USA
    07-08 09:08 AM
    Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.

    agree with you..........
    need a few more things to go wrong before the fed really wakes up and does something right this time around!!



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  • TomPlate
    02-28 12:33 PM
    No, because those cases are not outside of processing times.

    I did not understand 'are not outside of processing time'. Can you please explain in detail.

    My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....





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  • number30
    04-09 02:37 PM
    Filing Fee is not enclosed as it is USCIS service error.
    (This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).



    Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.



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  • tikka
    03-26 03:43 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.
    hi
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way





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  • aroranuj
    04-16 12:28 PM
    Can anyone please give any advise/ideas on how to deal with this?

    Thanks.


    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.



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  • sujan_vatrapu
    10-28 04:03 PM
    Sujan vatarapu you are a baby here. you just believe what ever supereme court says! it is influenced by politicians, and the so called minority community in India. So if you dont know dont argue. I never said anything -ve about athiest, I said they are denying themselves by claiming as an atheist. that is about it. When you point a finger three of your own fingers are pointing towards you Please understand that.

    exactly and it applies more to you because if someone does not agree with your opinion thats what you do, wherz the proof that supreme court is influenced by minorities? you are totally out of touch with reality and u probably are struck with 70s/80s mentality, no point in arguing with you,





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  • ajm
    01-28 03:55 PM
    letter sent to WH and IV.



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  • wellwishergc
    04-10 09:19 PM
    Agreed in principle!!! You guys have done the homework. I am just narrating my wishes:); and the wish-list keeps growing!:); man, cannot wait to just get done with this process.

    Good luck and nite!!!

    Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.

    People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.

    I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.

    I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.





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  • chakalov
    08-22 11:31 AM
    Wow! Amazing .... In other words if you want to get GC through employment you better apply for it at birth :-)

    08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA

    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C



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  • singam
    08-31 09:19 PM
    According to my entrepreneur friend, people wait 12 times before trying a new product. So we have to keep calling and talking to our friends no less than 12 times .





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  • mallikonnet
    06-26 11:05 PM
    guys this wont work for the people who file through lawyers. lawyers will do at their own pace. good luck if you think it is going to work



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  • anilsal
    11-16 10:48 PM
    I am planning to move India permanently this year end,
    What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.

    Krishna, Can you say "not live *here* anymore" and not "live anymore"?

    There is the thread on 401K which is quite useful.

    Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:

    Have you looked at Canada? Anyway, Home is the best!





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  • kak1978
    11-03 09:49 AM
    Today I was talking to IO in Texas service center, during discussion I told her that India dates might retrogress.. can you please expedite my case. For that she replied that " that's what they are doing"

    I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.

    May be she meant that they are trying to expedite your case.



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  • unitednations
    03-11 05:19 PM
    You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!

    The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.

    Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.

    The other real American way would be to look at ways of undermining Grassley.

    Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.





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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?





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  • Jerrome
    02-11 01:48 PM
    i agree.There are 2 reasons.
    1. Last year EB2(I) received only 7K primary EB2(14kTotal/2).My guess is that there are definitly more than 7K pending for EB2(I) before 2005.

    2. This year there won't be much FB spillover.So we may not even get 7K for EB2(I) this year.





    Libra
    01-11 12:33 PM
    bump





    seahawks
    08-17 10:33 AM
    U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?

    yes I have, I have been a contributing member from Apr 2006 when there just a handful of members. I have so far contributed 450 dollars in regular intervals of 100, 50. We also took up the talk to senator campaign in our state and met our 13 district congressman and senators from WA and explained IV's position. I have also provided input to IV core on how to contact them in DC. My wife regularly posts IV messages in orkut where she is an active member. I used to put my contribution in my signature until I read a post where people were complaining on putting up the signature. I plan to use my miles for me and my wife to go to DC if I get my time off approved. I had planned to go on 13th. I have gotten 10 contributing members to join IV so far. If you still have doubts on my IV contributions, let me know and I will be more than happy to do a public disclosure on my funds contributed!

    FYI:- My big signature is to provide information for people who are interested in, it is not open for critique:)



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