Wednesday, June 8, 2011

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  • purgan
    10-13 07:23 PM
    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US




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  • guygeek007
    07-24 03:27 PM
    I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

    Suggestions and advice would be appreciated.


    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • continuedProgress
    04-19 02:21 PM
    Since its rare for a denial to automatically turn into an approval. :)
    Do you care to share what you had to do?




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  • dhesha
    08-21 03:08 PM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.
    You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?



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  • bikram_das_in
    01-26 01:13 PM
    @waitingnwaiting


    How many of these 7 toppers are from Telengana and how many are from your district?

    This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.




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  • FrankZulu
    08-12 04:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit

    I have tried multiple sources and following is the response:
    * SR (july 19th): No response Yet
    * IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
    * Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
    * Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
    * InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.

    To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?



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  • pappu
    02-18 01:06 AM
    Hello Varsha and NJ chapter members,

    Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.

    The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-

    (1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.

    (2.) The victims of the retrogression come from various parts of the world.
    The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.

    The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.

    Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.


    Regards,
    Pappu on behalf of IV team




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  • small2006
    07-21 10:27 AM
    See my post here under the subject "FP Notice received..finally!"
    http://immigrationvoice.org/forum/showthread.php?t=20288

    Hope this helps.



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  • chanduv23
    02-18 09:25 AM
    http://www.littleindia.com/news/156/ARTICLE/2040/2008-02-04.html

    I was quite disappointed to see so much space devoted Senator Barack Obama in "Power Politics" (January 2008). In particular, I was upset at the "feel good" nonsense spouted, like Bushisms, by one supporter: "I have looked him straight in the eye and I can tell you first hand that the man believes in what he says."

    My daughter, a Democrat activist at Georgetown University also had a first hand experience with Sen. Obama when he gave a speech there last year. After the speech he was approached by my Indian daughter and an Anglo-Saxon friend for a handshake, a few words and a photo op. Sen. Obama was brusque, rude and stated that he was too busy for a picture with them. A few steps later he was stopped by an African American woman, who made the identical request. Without hesitation he spoke to her for a few minutes and posed for a photograph, all within feet of my daughter and her friend.

    I have tried to contact the senator's staff by phone and e-mail to communicate the disappointment of the two young girls, but have had no response.

    My daughter and I will certainly vote for the person his staff tried to insult as the "Senator from Punjab," Sen. Hillary Clinton, and pray that in the final analysis others, young and old, will value the experience and proven loyalty to Indians of the Clintons. I hope I won't be forced to make a choice between Sen. Obama and Sen. John McCain.
    Jan Vyas, Via eMail




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  • jonty_11
    11-21 10:24 AM
    I am a bit concerned that the debate has now been confined to H1B increase. I am not against that. but our cause seems to be slowly getting gropped from the tech lobby;s jargon. We may end up only seeing H1B relief in the Lame Duck session



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  • gc_lover
    06-25 03:02 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
    You can always file new application on July 1st.




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  • swarnapuri
    12-23 01:32 PM
    Check the message by saturnring11 in this thread. He linked the USCIS document which states that PD is retained by the employee once the I-140 is approved unless I-140 is revoked for Fraud.

    http://immigrationvoice.org/forum/showthread.php?t=2368

    Here is the link that he posted :

    Look on Page 27 of the USCIS Press Release
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf



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  • nomi
    12-08 08:20 AM
    DEAR FRIENDS OF AMERICAN PROGRAMMERS, ENGINEERS, NURSES, PHYSICAL THERAPISTS AND SCIENTISTS,

    Our citizen network did quite a job again today.

    I cannot predict. But as the Senate offices begin to close their phones down for the evening (even as the Senate continues to do business), our friends on the Hill are feeling much more confident that we will wake up tomorrow morning and find that Sen. Cornyn and and the tech industry lobbyists will NOT yet have succeeded.

    Some, though, believe Cornyn will make another attempt tonight to get a vote on his bill to almost double H-1B visas and employment-based greencards next year. Once the phone lines are down, however, you just have to take a rest and know you did what you could and hope that your efforts were enough to pull us through this evening.

    Your thousands of phone calls made a major impression on all Senate offices and on both Republican and Democratic leadership offices in the House.

    Our Capitol Hill Team is hearing from many staffers that this has been one of those "Phone Phenomenon" days in which one issue practically ties every office up in knots.

    AND NEARLY 100% OF THE CALLS ARE ON OUR SIDE -- AGAINST HELPING THE TECH COMPANIES, UNIVERSITIES AND HOSPITALS TO USE MORE FOREIGN LABOR TO DEPRESS THE WAGES OF THEIR AMERICAN WORKERS

    You may not have any idea how important that has been.

    Perhaps most importantly, it has made our best Senator allies exceptionally determined to block Sen. Cornyn (R-TX). Our latest nose count is that nobody is backing off their "holds" that are keeping the Cornyn SKIL Act legislation from reaching the floor of the Senate.

    Cornyn and the tech industry lobbyists continue to try to strike deals with the Senators to get them to remove their HOLDS. But backed by what they see as an overwhelming constituency knowledge of the issue and constituency opposition to increased foreign importation, the "holding" Senators are not budging. We are unaware of any of them accepting a deal to change their position.

    The reason individual Senators are able to exercise such power with these holds is because Cornyn has to get a lot of normal precedure waived in order to bring up his bill at the last minute like this.

    Our understanding is that Majority Leader Frist (R-TN) could go ahead and bring Cornyn's bill to the floor even with the holds if he wants to. But then he would have to get at least 60 of the 100 votes to break the holds of their colleagues -- which is kind of a personal thing.

    The more that you make this bill seem totally radioactive the less likely Sen. Frist will want to end his Senate career on such an explosive note, or that 60 Senators would want to vote to break the holds.

    A big thank you to all who have helped again today. There are hundreds of thousands of households this evening spread across the country that will have a much happier Christmas if we succeed in blocking the threat to their jobs, wages and standard of living that Cornyn's bill represents.

    Our nation's nurses, physical therapists, scientists, engineers and programmers have studied hard and worked hard and invested considerable money to be able to do these jobs. Why should our government import massive numbers of foreign workers (which no independent study has shown are needed) when that action would cause so many middle class American households to suffer?

    At NumbersUSA, we spend a lot of our time championing better treatment for the poor. But we also believe in the protection of middle-class Americans. You who have acted today have done a great service to these households.

    I expect to have marching orders for you first thing tomorrow morning based on what the situation has become by that time.

    THANKS,

    ROY

    P.S. If you didn't read Prof. Norm Matloff's San Francisco Chronicle op-ed today, please do so now because it explains so well why we consider this fight against major increases in legal foreign workers to be as important as our fight against illegal immigration.

    Read the article here:
    http://www.numbersusa.com/interests/hightech.html




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  • Jaime
    07-20 12:36 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?

    I agree but, I am certain that a law will get passed at some point to give us relief, especially given all the noise that we have made (and which we should continue to make). I just cannot imagine that they wouldn't pass any relief. And if the latter is the case, it will be slavery and hell on earth, right here in the Land of the Free.



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  • mantagon
    07-24 12:32 PM
    Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.

    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.




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  • Dhundhun
    10-13 04:16 PM
    Visited several countries.

    Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).

    For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.

    For H-1B, it has been business casual as role was engineering.

    I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked

    In US consulate Ottawa: Business Casual
    Q: Why you want to go to US?
    A: Some of my friends driving to NY, I want to join them for shopping

    In US consulate Delhi: Business Casual
    Q: Last time we gave you Visa and you did not go, why?
    A: I did enough shopping before friends went to NY and so dropped the idea of going.

    In US consulate Mexico: Formal
    Q: Why do you need Visa Revalidation, you could have continued to work without it.
    A: Company have plans to send me for business meeting in other countries.

    My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.

    Good Luck



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  • maddipati1
    08-04 11:56 PM
    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.




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  • iptel
    02-14 01:21 PM
    Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.


    Part of the report says

    Caps on employment-based green cards limit the number of high-skilled
    foreigners who can become permanent residents. The cap is set at 140,000
    visas per year, including visas for the workers� spouses and children. Each
    country�s nationals can make up no more than 7 percent of total immigrant
    visas. These caps have led to long delays for applicants, especially for workers
    from over-represented countries. For instance, some workers who became
    eligible in January 2006 for EB-2 employment-based green cards (for workers
    with advanced degrees or persons of exceptional ability) had applied for
    permanent residence five years earlier.
    A variety of proposals have been advanced for permanent employmentbased
    immigration to allow for more high-skilled workers and to reduce wait
    times. Any changes to the cap on the number of employment-based green
    cards would require legislative action. First, workers� spouses and children
    could be exempted from the cap, as is currently done for the H-1B program.
    Spouses and children make up about half of the recipients of employmentbased
    green cards, so this change would roughly double the number of
    workers able to get employment-based green cards. Second, the fixed 140,000
    cap could be replaced with a flexible market-based cap that would increase or
    decrease with demand for workers eligible for employment-based green cards.
    Finally, under current policy, nationals of no single country can receive more
    than 7 percent of green cards. This share could be raised to reduce the long
    delays for employment-based green cards for applicants from countries with
    large numbers of desirable, high-skilled workers. Careful enforcement of
    limits on foreign nationals� access to sensitive technology would provide
    continued protection for our national security.




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  • 123456mg
    07-20 03:32 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".

    The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.




    zCool
    07-16 07:21 PM
    I think IV did great today. BUT
    lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
    So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
    I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
    This is time to be calm, AND YES DISCREET!!!!

    Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?




    reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.



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