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  • JunRN
    06-06 10:37 AM
    Going back to the supplemental AC21 memo:

    Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.

    And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".

    Do you think this is a plausible scenario?





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  • gk_2000
    11-03 04:47 PM
    It is high time, we support this initiative from Senator Menendez.

    http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/1624351-bill-s0185-active-again-please-call-your-senators-for-support.html#post2013464

    "It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

    Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

    It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

    Please call your Senators to co-sponsor/support this bill."

    Is it updated in Thomas, govtrack, etc? I didn't find it..





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  • smuggymba
    04-29 09:39 PM
    Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.

    Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.

    Which country in this world charges high skilled ppl to pay for their border protection?





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  • rvr_jcop
    02-13 01:28 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11

    All three of our cases looks like mailed around the same period i.e. June 2007. Looks like they looking at our files and probably pre-adjudicating. Mine went to Nebraska. What about yours?



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  • BornConfused
    07-03 10:17 AM
    Ugh, I paid thousands to the lawyer over the years. And the medical was a ripoff. They better send me a free pass for 30 days at some nude bar with my green card or...I'll just have to go there anyways to celebrate:p





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  • wandmaker
    04-21 01:46 PM
    I understand that ... but I have seen the diploma accepted and the 2+3 accepted but of course nothing accepted by an adjudicator (or several) is binding. It is a tricky case. In a case like this EB3 skilled worker with 3 years of experience is always the best route to go and then once approved they can try for EB2.

    The OP filed 140 as EB3 - USCIS has denied the 140 stating that the Diploma is not equivalent to US Bachelors Degree.

    The only thing I see in the education is that s/he studied for 16 years, which does not provide privilege of claiming that his/her study is equivalent to US Bachelors. To be precise, 10 (School) + 2 (School) + 1 (First Year of B.Com) + 3 (XYZ Diploma) - The final certificate awarded is a DIPLOMA so OPs' education is not even equivalent to Indian B.Sc/B.Com.

    In my opinion, s/he has to start from scratch and word the labor properly. Meanwhile, filing MTR / appeal can help - if one is in the last year of 6 year limit.



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  • BharatPremi
    11-06 07:45 PM
    I don't have any update on AP .
    Should I still select the below mentioned option ?
    'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?

    Ans: Did not you read my previous post?

    I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?

    Ans: You can ask all questions for all stages in one session after questions related with main topic over.

    Thank you.

    !!





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  • ken
    09-29 11:48 PM
    I opted for renewing the AP online on Sept 22,2009.Got the receipt at the same time, and next day which is Sept 23 i sent the supporting documents along with the cover letter,2 photographs ,confirmation receipt ,485 receipt, DL copy and passport copy from Priority Mail with delivery confirmation. Today when I tried to check the status on postal website it says that document scanned on Sept 23 which means they haven't reached the destination, now this concerns me because previously when ever I applied AP and sent the supporting documents they normally take 2 to 3 business days to reach.

    Now my question:

    1) If suppose the AP supporting documents get lost in mail then can I send the documents again and if in the mean time postal service delivers the first set


    In between I see soft LUD's of 9/28 on my wife AP

    All responses to the above matter is highly appreciated

    Posted the same information here
    http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/538306-strange-situation-with-ap-renewal-at-tsc.html#post995560



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  • Michael chertoff
    11-25 03:24 PM
    Great job Pappu

    MC





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  • jonty_11
    05-15 11:35 AM
    I have been calling my state and other states too as I get time. I will do that for this Bill as well.

    I think this one is critical in that it will get many folks out of the picture/queue.



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  • mhb
    07-06 03:24 PM
    Maybe the podcast is released the day after the news is telecast? Any idea?
    who knows how these guys function?!!! i just hope they show th enews cast if not tonight then tommorow night.





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  • nandakumar
    05-15 01:42 PM
    I agree,

    There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.

    Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
    Thank You!



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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.





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  • gk_2000
    05-11 04:09 PM
    No IV provision is in the bill.

    For something to happen, each member needs to do their part by supporting this effort and taking part in action items. With so little support and initiative we cannot expect to match the kind of hard work DREAM act advocates have done.

    If we need an amendment, we should be showing up for advocacy day or signing up for monthly contributions, volunteer our time, or doing any state chapter work by meeting local lawmaker offices regularly in groups. Dream Act folks have built a very strong network and advocacy effort that no politician can ignore. Go through the list of things they have been doing over the past few years and you can judge how much percentage we have as a community matched that effort. This is a reality and and ultimately it will be us that are responsible for no bill being passed in the last few years.

    The community needs to do more than wasting time on the forums and trackers if they really want any bill to happen.

    Definitely it is time to Unite. If they are doing illegal immigrants legal citizens, why should not legal applied immigrants as Green card holders.

    Do you think we need to start some thing like flower campaign or sending letters to president like that....

    But it is the time to act. Now or Never..........

    Another idea.. (this will require a small bunch of people only)

    Let a group of 10-25 people tie themselves on chainballs and handcuffs (or fetters) and march 1 mile to the USCIS office. Get this event covered by media..
    Hold banners like "Free us", "We want EAD", "i485 NOW" and raise a few slogans

    In addition someone can dress as Uncle Sam and pretend to whip the prisoners..



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  • Kitiara
    02-07 09:50 AM
    Either the beautiful princess or the wicked witch. Jury is still out on that one. :P





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  • mantric
    02-16 09:34 PM
    i think CP filers have a valid point to argue for relief. clearly there is an injury to CP filers as the dates were moved forward creating the impression that they will continue to do so or at least hold steady. legal opinion was also in favor of CP based on individual circumstances in many cases. many of these filers already underwent a lengthy BEC process, which newer Perm/I-485 filers never went through. the government flip flop is the cause of this additional injury.

    instead of asking for specific fixes to be put in, CP filers should articulate this problem clearly and get legal opinion as to possible relief measures.

    great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:



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  • ssnd03
    12-03 04:26 PM
    (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.

    Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.





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  • looivy
    04-20 02:13 AM
    I also sent my letter to WH today.
    Good job MMJ.





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  • Better_Days
    04-09 04:26 PM
    ...

    You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.

    This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
    ...
    The human being is like a tiny and replacable cog in the system.
    ...
    Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess....
    ...
    Sorry, seeing this week's H1B brings out the pessimist in me.

    Damn, man it feels like you are reading my mind.

    Irrespective of the immigration impact and its direct effect on me, I have tried analyzing the situation at the macro level and I end up at the same conclusion.

    Health care, immigration, social security insolvency etc. no one cares about anything. Companies want to bring skilled labor in and it is being decided by a lottery!! I mean give me a God damn break. In the supposedly knowledge-driven economy, skilled workers are being selected by a lottery!

    Medical emergencies are the leading cause of bankruptcy and there is just talk on the issue, no action.

    Farms are shutting down and moving operations to Mexico. So now the oil will come from Middle East, manufactured goods from China and food from Mexico. And people are Ok with that because "companies just need to pay higher wages to *American* workers" So on top of $ 4 /gallon gas, we will be paying $ 8 for tomatoes.

    There are not the marks of a prospering or forward-looking nation. May be I am becoming cynical as I grow older and may be things are no better in other countries like Canada, UK etc. But sometimes I feel as if I am watching a bad comedy show in slow motion. I question myself if my son, a US citizen by birth, will end up growing in a 2nd world country.





    yabadaba
    08-01 12:03 PM
    Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX

    Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!

    Kidding - what time yours hit the USCIS building ?
    mine reached at 7:55 am ...still no receipt :(





    knacath
    10-19 02:45 PM
    E-filed on July 17th (NSC)
    Received Card mailed e-mail today (Oct 19th)



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