Kamis, 16 Juni 2011

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  • lazycis
    12-28 06:44 PM
    so is it the notice date or recipt date that counts.. If someone filed on July 2nd, but the notice date is August 15, where do I coutn 180 days from.

    Look at the notice and find "Received Date". That's the start date.





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  • sac-r-ten
    05-12 03:21 PM
    Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.

    Chandu,
    How does one find the local congressman/senator's contact info?
    i would like to get help on my MTR/re-appeal for 140 denial.

    thanks.





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  • ragz4u
    03-16 01:32 PM
    http://www.aila.org/content/default.aspx?docid=18845


    Members of the Senate Judiciary Committee finally broached the controversial subject of the undocumented population on day five of the Committee's markup of draft legislation on comprehensive immigration reform, but deferred any votes on the subject until after next week's congressional recess.
    Chairman Specter began the day's proceedings by reiterating that it would be a "colossal mistake" for Senate Majority Leader Frist to bring an immigration bill to the Senate floor that had not been completely vetted by the Senate Judiciary Committee. As background, Senator Frist has threatened to bring his enforcement-only legislation directly to the Senate floor unless the Judiciary Committee produces a bill by March 27. Senator Frist could do this using the seldom employed "Rule 14" procedure that permits him to introduce a bill and bypass the committee process so that it goes directly to the Senate calendar. According to Senate sources, Senator Frist's bill would simply take Chairman Specter's proposal and strip out the guestworker plan and the provisions dealing with the estimated 12 million undocumented aliens present in the U.S.

    Because Senator Frist apparently will not back off of his deadline, Chairman Specter proposed this morning to continue the Committee's work beyond what was to have been the final day of the markup (today). Unfortunately, the Senate is out on recess next week, leaving tomorrow or Monday, March 27, as the only available options for continued work. Most of the Senators present agreed that meeting on March 27 would make sense, with the exception of Senator Cornyn, who disagreed that bringing the Committee's incomplete bill to the floor would be problematic (clearly an attempt on his part to stave off debate in the Committee on what to do with the undocumented population). However, in a clear rebuke to Senator Cornyn, Chairman Specter responded that the Committee would proceed immediately to debate on the controversial issue of a path to citizenship for the undocumented!

    Chairman Specter said that he and Senator Kennedy talked at length yesterday about the issue of the undocumented. He reiterated his concerns about the undocumented workers jumping the line in front of those who have followed the legal channels. He's concerned about 25-year backlogs for 4th preference beneficiaries and other long backlogs. However, he noted his willingness to find a way to put the undocumented on a path to citizenship at the end of the line. Chairman Specter also reiterated that he wants a bill to come out of Committee that can pass the floor and be reconciled with the House bill.

    Senator Kennedy argued that the McCain/Kennedy bill will not lead to line-jumping, explaining that the bill's formula would clear backlogs and deal with the lines themselves. In addition, he noted his willingness to accept a 2nd degree amendment to ensure that legal permanent residence would not be granted to the undocumented population until both the current employment-based and family-based backlogs had been cleared. "What really is the alternative," he asked? "Mass deportations? Criminalization and a permanent subclass?"

    Senator Kennedy continued by talking eloquently about the pure motives of immigrants who have come to this country, both historically and currently, to make a better life for themselves and their families. He said that we should admire the drive of these people. We should not treat them as criminals but should give them an opportunity. We should bring them out of shadows, have them pay a fine, work, and wait their turn. Senator Kennedy also noted that some 60,000 legal permanent residents currently serve in the U.S. Armed Forces.

    Senator Kyl noted that no one on the Committee supports enforcement only, adding that his and Senator Cornyn's proposal would provide a "work opportunity," not a punishment. He said that the Specter "gold card" would be just like a green card but without the right to citizenship. He also opined that people waiting in the family-based backlog don't have the right to be in the U.S. now, so letting undocumented aliens get in line would harm those individuals who have been waiting patiently. At one point, he allowed that it might be OK to give a path to citizenship to high skilled workers but not to low skilled workers.

    Senator Cornyn associated himself with Senator Kyl's remarks. "We can't accept everyone in the world who wants to come here," he said. And while he professed agreement with Senator Kennedy about the beneficial contributions and benevolent motivations of the undocumented population, he couldn't seem to get past the "law breaking" issue. "The American people won't accept a program to deal with the undocumented if we haven't finished the bill's enforcement titles," he argued. He also defended the Cornyn/Kyl "report to deport" proposal, noting that it is neither a ruse nor impractical. He added that the intention of the proposal is not to strand people outside of the country as some have accused.

    Senator Durbin weighed in by stating that the immigration system has been broken for a long while. He recounted stories about important individuals he knows whose parents were undocumented aliens. He stood in support of the McCain/Kennedy proposal, calling it "tough but fair," and reiterated that we should not be criminalizing undocumented status, as both the Chairman's Mark and H.R. 4437 would do.

    Senator Graham noted that many people, including many on the Republican side of the aisle, don't even want to debate this complex issue. For them, rounding these immigrants up and deporting them is the only answer. "Such a proposal is simply not feasible," Senator Graham added. He also noted that half of his family likely would not be able to meet the requirements of the McCain/Kennedy legislation, thereby buttressing the argument that it is no easy give away. "While there are lots of people on talk radio complaining about the undocumented, these folks are out there working," he said. "This is not a 'get out of jail free' card." In addition to those who would deport the undocumented population, there are others who would put them all in jail, he continued, adding that this also would not work. He warned Chairman Specter and others that they shouldn't be trying to avoid criticism on this issue, because they're all going to get it. He agreed that the undocumented population should be put in line behind all those currently waiting in the backlogs but does not believe it is appropriate to force them to leave the country in order to take part in the program, as this would break up families.

    Senator Feinstein argued that the DHS would be incapable of handling such a massive program. She was also concerned with what would happen to those who apply for the program if they are unable to pass the requisite background checks. "Could people with minor misdemeanors get status,?" she asked. She requested a letter from Senator Kennedy's staff on the issue. Senator Feinstein also returned to the issue of DHS's processing capabilities, asking for additional information on the subject before the issue is brought to a vote.

    Senator Specter indicated that he intends to work through the undocumented issue by beginning with the McCain/Kennedy bill and the 2nd degree amendment mentioned above by Senator Kennedy. He also indicated that there is a deal on the table between Senators Cornyn and Kennedy on the temporary worker (future flows) program.

    Senator Feinstein brought up the subject of agricultural workers and wanted to know why they weren't included as part of the guestworker program. Senator Kennedy responded that the reason is because Senator Craig, the chief sponsor of AgJobs, would offer it as an amendment on the floor. Senator Brownback opined that they needed to have staff work out the details of any agricultural program.

    Chairman Specter then noted that staff would be working out various details during next week's recess, confirmed continuation of the markup on March 27th, and gaveled the meeting to a close.





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  • go_guy123
    01-27 12:11 AM
    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.


    No problem these bonds etc clauses are unenforcable in court and
    only act as deterrant against people leaving. Its a dog that barks not bites.
    So you can sign and start working. Even teh good consultant have these types of clauses.

    Mine one also had that , however they were good employer



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  • rayen
    05-30 12:27 AM
    Done.





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  • snathan
    06-16 10:32 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.

    Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.

    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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  • guyfromsg
    09-09 09:25 PM
    I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"

    So check it up again.

    Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks

    Yes, it's for 17th.. check your PM..





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  • JazzByTheBay
    09-21 01:08 PM
    Noticed you joined in September 2007, and this is your 5th post. Welcome to IV!

    Were you present at the rally? I'm guessing you weren't.

    IV represents high-skilled, educated, professionals - most of us don't expect to see major changes happen overnight. We do not expect the United States Congress, or the Senate, or the White House to fall in love with our cause instantly and issue us green cards by the weekend!

    Nevertheless, the process of educating lawmakers, the media, and the country should continue.

    The rally was just another step, albeit a significant one. It's symbolism isn't lost on anyone who attended. A significant number of meetings were held on lobby day.

    cheers!
    jazz

    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..............



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  • FinalGC
    03-26 11:50 AM
    I sent an email about 2 weeks back to sanjay and I still have not recd any documents that I need to schedule my appointments and what I need to talk about. Please send me an email or PM to give me the guidance.

    Thanks from Michigan





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  • mihird
    09-14 11:04 PM
    hm... So why are you here, in Immigrationvoice ???

    I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.

    I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.

    Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.

    Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).

    What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..



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  • EndlessWait
    05-13 04:14 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

    i dont mean to give u advice on patch up..but from 485 perspective ..put ur future marriage plans on hold for a short while or atleast until u get ur gc...

    if ur dependant, then go ahead..otherwise u dont need to cancel ur 485 even if u get divorce





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  • go_guy123
    03-11 11:50 PM
    Who said I am working on percentage basis ? Where did you read that ?

    I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
    that. If one is working on fixed basis and getting paid on bench as well, then for them there wont be major problem. But of course collateral damage will be there during the
    crackdown process.



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  • sundar99
    02-26 09:28 PM
    Folks,

    Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?

    Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !

    I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask students from china to post it in their internal mail aliases for wide coverage !

    Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?





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  • yabadaba
    12-28 11:19 AM
    how do I avoid that scenario?

    If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
    as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.

    just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.

    as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.

    i am not speaking from personal experience but from what i have been reading on the forums for a few years now.

    on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.



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  • hebbar77
    05-18 01:26 PM
    Me too!

    There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
    Just a thought..
    Especially IIT/IISc are not too bad schools in india!





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  • Berkeleybee
    03-09 04:46 PM
    Report back
    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
    Bluekayal

    Great summary Bluekayal!

    A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

    (1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

    (2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

    (3) Background checks
    (a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
    (b) FBI conducts a finger print check
    (c) FBI conducts a name check.

    So I don't know what she meant by FBI can do it. They already are.



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  • saurav_4096
    01-04 03:07 PM
    Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!

    My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!


    May be he can apply for blanket H4...





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  • go_guy123
    08-03 10:12 AM
    per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.

    The hispanic lobby is very very aware of the per country quota and they they know amnesty is useless unless an exception is made on teh per county quota. That is why in every CIR bill (I think even in the 1986 amnesty) there is(was) a exception on the per-country quota.

    H1B/EB-I/C people are are so less in number that the political system doesnt care
    and industry doesnt care either (why fix it when H1Bs are always willing to put
    up with it).





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  • EkAurAaya
    10-11 04:30 PM
    Yes Sir. Unfortunate for labor not cleared in time.
    EB3 RIR March 2005.

    Off topic - Didn't PERM start in March 2005?





    jfredr
    05-22 04:05 PM
    U r not going Madd ur already made mad
    all legals are mad





    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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