Selasa, 21 Juni 2011

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  • ramaonline
    11-29 06:43 PM
    From ILW:

    FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
    =======================
    Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
    IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
    - IV Team





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  • som_yad
    06-05 01:20 PM
    I am curious to know the Answer

    New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?





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  • rangaswamy
    07-02 04:54 PM
    Company is paying about 5200 for filing and attorney fees and i paid about 380 for medical

    25 for passport photos


    plus atleast 30 man hours for filling forms and collecting documents.





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  • rameshvaid
    06-17 10:52 AM
    ^^^^^^^^^

    I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..

    This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.

    Great effort and Good Luck..

    RV



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  • walking_dude
    11-30 03:26 PM
    Where did you get this number 80,000 FB numbers given to EB immigrants? Please show me the source !

    Also, you are forgetting about 7% country quota and the demand from ROW (which itself is retrogressed!).

    So no matter what you may think, without IV it's going to be a long wait


    The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.

    If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.





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  • paskal
    06-19 11:51 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions

    Please consider joining this group
    see link below



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  • memyselfandus
    09-10 02:18 PM
    We sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they gave the update, even though the online status didn't update for more than a week.

    The Ombudsman office gave a response with in one business day.

    Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.

    E-filed on May 5th





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  • eb3retro
    09-19 03:08 PM
    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............



    sorry i have to ask you this question, (after seeing your post), did you attend the rally??



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  • arnet
    06-26 02:18 PM
    Congrats to all those who got GC approved.

    Guys, please post your priority date and EB category, I-485 date, service center when you post it. helps to predict. thanks.





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  • syzygy
    05-15 01:12 AM
    would it even help people who did MS in stem from US university but are stuck in eb3 due to bad policies of their companies ?Or is this only for eb2 / eb1?



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  • GCSeekerCT
    08-16 10:31 AM
    I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.

    I am totally against that.

    making a living is one thing, but talk about confusing people and milking them for the money !!!





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  • MeraNaamJoker
    08-12 10:49 AM
    Does anyone know if its possible to just renew the green-card or one has to apply for naturalization after 5 years?

    You can revnew your GC after an intial period of 10 years. You are at your free will and wish to remain on your GC. You will be eligible for Naturalization after 5 years. That does not mean that you have to use that oppurtunity.

    Now to the original question of this thread.

    It is highly recommended that one must stay with the original sponsoring company for atleast 6 months after the GC is approved. If you leave the company in good terms with them or rather if they do not create any fuss, then you are safe.

    Say in my case, my original employer laid me off and I ported my process with AC21 to another company, where I am working for 3 yrs and just got my GC approved. I am not obligated to stay with this company as they are not my original sponsor. And again they cannot revoke my GC.

    Having said that, the employers can create problems for you, if they decide to hunt you down. But that will not do them any good other than the 'revenge' they may enjoy on you.

    My collegue was planning to leave his company after GC approval and his employer cancelled the GC process by withdrawing the application. The USCIS has informed him about this officially to him. He was panicked and was about to start another application and one fine morning, his GC approval came to him through snail mail.

    What I am trying to say is there are laws, rules, processes and methods. Not everything will be applicable everytime or does not happen all the time. It truly depends on your luck too.

    GOOD LUCK!!!



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  • saketkapur
    11-19 03:03 PM
    anything to make the que move faster...........

    FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......





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  • JunRN
    12-21 11:09 AM
    You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.

    "xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"

    Furthermore:

    "xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".



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  • unitednations
    03-11 04:52 PM
    No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial..

    Find the pdf with the questions he asked and compare to the answers they gave.

    compare that with what happened with visa bulletin fiasco.

    I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).





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  • Hopeful1
    06-18 06:20 PM
    Thanks Snathan for bringing up this issue.

    I personally suffered due to this visa stamping. I was stuck in Delhi for four months due to administrative processing, almost lost my job, lost apartment, lost lot of money and now I am scared to go back for stamping again. My wife and I had to miss my father in law's funeral due to this fear.

    I know few other folks who have been in similar situation and I can contact them to share stories.

    I am willing to contribute both time and money for this initiative.



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  • deba
    08-08 01:50 AM
    I am in the same boat. Tho my GC has not been approved yet, I can only suggest that think twice before taking this important decision. If you go ahead and marry right now be prepared for a lot of stress, mental agony, coping with distance etc. I personally feel that this is not the best way to start a married life. I think it would be best to disclose everything to your future wife and her family and go ahead and marry once you have made arrangements that she can visit you on B1/H1/L1 etc or you have made plans to go visit India or be in a third country etc. Good luck and again my advice is not to rush into the marriage at this stage. Take your time and make a final decision after considering all angles.





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  • TwinkleM
    02-23 02:11 PM
    I guess, other then marriage certificate, wedding photographs, wedding card invitation & property papers on joint name & other investments on joint name might help. I know that wedding photos & wedding invitation card does help to an extent.





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  • shana04
    02-12 03:41 PM
    Hi Shana04,

    Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..

    Question:
    Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..

    Thanks

    Ramesh,

    I have responded the same to "kishdam "

    I was in the same situation as yours.

    Just file H1B with different company but with same job title and jobe code.

    Then ask your attorney to send AC21, it is just a letter with new offer letter.

    Good luck





    rajuram
    01-05 12:17 AM
    bump





    jediknight
    07-09 10:39 AM
    Jon's segment on the law
    Video: Latino 911! | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/latino-911-?xrs=share_copy)

    and Olivia's interview with one of the Bill creators
    Video: Arizona's Photo Radar | The Daily Show | Comedy Central (http://www.thedailyshow.com/watch/thu-july-8-2010/arizona-s-photo-radar?xrs=share_copy)

    - JK



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