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Monday, July 4, 2011

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  • deba
    07-03 05:04 PM
    I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
    Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
    I would like to change to a new employer with a new H1.
    I believe I am eligible for a 3 year extension based on above conditions.
    My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
    Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?





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  • logiclife
    06-27 11:35 AM
    From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.



    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.





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  • greencard_fever
    07-25 07:13 PM
    I still believe in EB2 will try to catch up current by next October.

    vdlrao you have been really amazing on doing the analysis on VB prediction. Kudos to you dude..i will hope you will be proved right in feature. keep your figures crossed till Sep 08 Bulletin which will shed some light on your predictions..





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  • rockstart
    07-08 12:52 PM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.



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  • samay
    07-28 04:09 PM
    Hello All,

    I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?

    I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.

    Hope some one can throw some light on this.I
    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.





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  • BharatPremi
    12-13 04:50 PM
    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".


    Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?



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  • harikris
    05-28 11:10 PM
    This is precisely not what i wanted to hear.
    It puts a damper on hope.
    Now we have to hope against hope to see any movement forward.
    There are only 3 ways i can see for improvement
    1. Legislation
    2. New legislation
    3. And fast legislation





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  • krish2005
    01-14 03:17 PM
    She says AILA is aware and very well understands all the repercussions of this on attorneys too. She will post back on their updates as and when she gets.

    Hope they will help us fight together.



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  • jsb
    06-05 03:49 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.





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  • samay
    07-14 06:13 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.



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  • snram4
    01-15 06:28 PM
    That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost

    Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants





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  • mihird
    10-09 03:34 PM
    I too am in the US for 6 years now and because my lawyer insisted on transferring to H1 status from TN before filing the GC (wasted a full year in that waiting for the quota to open up), it has gotten me to this state...

    Overall, I still feel, its cleaner to go from H1 to GC. TN to GC requires careful planning and deeper understanding of the laws. Strictly going by the books though, TN is not a dual intent status, so the road to the GC might get murcky...



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  • logiclife
    01-23 06:06 PM
    Sorry, we cannot allow profanity here even if it has a couple of ** in it.

    Rest assured, I feel the same way. 18 months prison time is nothing for the amount of damage that these desi employer maggots are doing to everyone. It should be atleast 5 years so that he can have time to think about these things.





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  • redcard
    05-29 01:14 PM
    "This is due, in part, to huge increases in the usage of EB4 and EB5 categories"

    Something funky in this ,, where are all these religious workers on EB4 coming in US and where do they work� I think this is another fraud. Seems like folks have started using this category now to get people from India.. and EB5 where is the money to invest in this market.. Seems like another fraud happening.. or software engineers now coming to US to Religious workers..



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  • dealsnet
    05-18 03:11 PM
    I think conventional war was ended. But the mistrust is still there. New organization and another set of gurilla warfare will be start very soon. Many LTTE still in Sri Lanka. They may regroup after some time. The refuge camp will be breading ground. If need peace, settle these refugees to good housing, education and jobs. If Sri Lanka thinks the war is over with LTTE, and rule with same manner like before, no peace at sight. May be the unrest will be not in the north, may be in south.
    For long lasting peace, cosider all minority with equal rights, like in India. Minority get more rights, because of vote bank.

    The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.

    And the whole island has been liberated from the LTTE terrorism.

    Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!





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  • garybanz
    12-14 05:49 PM
    I am in.

    Thank you BharatPremi.


    All,
    Please respond to this post and let us know if you support us.

    Thanks.



    All,

    I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)

    Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.

    Thanks."



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  • chanduv23
    07-04 11:43 AM
    I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.

    -----------------------------------------------------

    Dear Senator,
    I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.

    The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.

    Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.

    When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.

    This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.

    In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.

    Dear Senator,
    I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.


    Thanking you,


    Yours sincerely,



    ----------------------------------------------------------------

    thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.


    Good one - contact macaca or sertasheep





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  • snathan
    01-15 04:05 PM
    I agree, but its sort of v late. We know, i dont know want to name but majority of the people come from one particular state, and most cases of fraud/body shops are from them. They are all settled since the the Y2K era, even though they never deserved on merit basis.

    Lets not start another stupid fight here. We are all concerned about the new memo and we are all going to get affacted. Lets focus on cause and remedy.





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  • longq
    02-14 10:13 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

    It is very sad to hear this story. Very sorry for him and his family. May god bless his family. When we here this kind of story, in a foreign land where no relatives are there, the life is so pathatic here. The reality is differnt. There is something big and important for us other than green card. The life, health and family is very important than GC. May god bless all of us.

    Once again, very sorry for your nice friend.





    IV2007
    07-03 12:50 PM
    I don't have any documents/reciepts related to I-140.

    Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

    In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?





    Macaca
    07-04 12:05 PM
    Cost = 800 (Medical for 2 persons- Average) + 1000 (attorney fees- doesn't matter who pays- company or you) + 30 (photos) + 100( Postage) + 100(others)

    Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.

    Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).

    So lets say everybody lost 1800. Now depend how many people were ready to file the application..
    Photos are valid for fixed time!
    Application Fee : Main Applicant : $375.00 (Application Fee) + $70.00 (Finger Print) + $50.00 (Fedex) + Medical Exam ($250.00) + Photos ($40.00) + Lawer Fee ($1500.00) and if we have any dependent same thing except Application fee and Lawer fess ($325.00 (Application Fee) + 500$ Lawer Fee)

    All Togther : $2285.00 and calling here and there almost $2500.00 Per Person .... any other information please ask us........ thanks
    My attorney mentioned $745 application fee. I don't have the break up. May be it included EAD and AP fee also!

    So I have the following break up

    Primary Applicant

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50

    Total $2125+

    Dependent

    Finger Printing $70
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50

    Days off work


    Total $450+


    We will need good reliable estimate on # dependents!