Wednesday, June 22, 2011

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  • GreenCard4US
    07-12 11:50 PM
    Well said GCBY3000. Since something is going to happen, she wants to project herself as though she put in some effort. A few months back when I made a phone appointment with her, she was not at all helpfull. All she kept saying was, we can do it for you for so many $$$. It was all about money, money and money. I honestly doubt her intentions.





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  • BlueSunD
    03-11 04:10 PM
    You like it? Thanks! Please don�t hate Maya :P, be patient. At first it�s a bit of trial & error, if you started using Max before Maya (I did :)) you�ll know how easy it was doing light linking. But this feature seems to be hard to find if you don�t know where to look, or is it? Give me a minute, I�ll tell you how.





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  • dpp
    07-09 03:55 PM
    Delhiguy,
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.

    Yes, this is another one. There are somany. Please check AILA lawsuit.





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  • RNGC
    02-19 11:35 AM
    Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:

    "(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."

    Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.

    So, stop sending those letters opposing this bill, and instead let's support it!!

    well said Jaime...We should support this bill..



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  • nlssubbu
    09-24 01:55 PM
    check with your attorney if a birth certificate issued by the consulate is ok

    They provide it based on the passport - and then you may attach an affidavit

    I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.





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  • Michael chertoff
    03-10 12:33 PM
    coolman ship,

    what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.

    still I have to use AC21 or it is OK?

    i dont want to use AC21.

    Thanks

    MC



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  • drirshad
    03-09 10:11 PM
    Ron Gotcher says, following him for years gotta believe him now .........

    http://www.immigration-information.com/forums/showthread.php?t=7501

    Based on this information, it appears that the CIS really is adjudicating cases at a faster pace. If so, then this is unprecedented. My take on this is that the CIS is concentrating on EB3 cases, since that is where the demand seems to be. Notice that Paragraph F mentions the possibility of rapid movement in other categories. Since first preference is always "current" for everyone, that only leaves second preference for India and China.

    E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
    Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
    It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.

    F. VISA AVAILABILITY IN THE COMING MONTHS
    During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.





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  • neelu
    12-13 12:17 AM
    I'm with you - less talk and more action.
    Also, members should all show support for all goals.
    I am not in the I-485 stage but would certainly fax USCIS.
    In the same way, members should fax DOL to clear up their backlogs.

    the whole point of this forum is united action, so lets show support

    Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.

    At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).

    I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.

    I know many of these suggestions are easier said than done, but better something said than none! :)



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  • El_Guapo
    11-13 10:25 AM
    The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.

    I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.





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  • BharatPremi
    03-07 09:23 AM
    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..



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  • prinive
    02-20 04:27 PM
    EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...


    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • vghc
    07-03 12:40 PM
    If you read my earlier response, you would not be asking me this question. Just to repeat myself, I completely agree with you that wives and kids should not be included to the EB GC quota!

    Fine...then there's a comon ground......:)
    I don't like this Indian,China vs the ROW talk. Its just bloody depressing.



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  • meera_godse
    01-31 05:23 PM
    Well excuse me, but people having queries other than the reason why this thread was started, please create a new thread.
    Sorry to say so, but my query for travel has been sidelined because of other issues.
    thanks in advance for your cooperation.





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  • unitednations
    12-21 10:48 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:



    I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.

    It said prove that you maintained status on each entry.


    Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.

    I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.

    The feeling i got from my interview is that is what he was exactly trying to do.



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  • singhsa3
    03-16 01:57 PM
    Your are not wanted here and no one likes you. You are an anti-social element and should be banned now.
    dont "warn" me..........you think i give a damn about your "warning"??

    the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.

    i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.

    and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???

    i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.

    i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....





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  • gc28262
    04-10 10:04 AM
    The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
    Can this happen to EB3-I India as well??

    In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.

    As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.



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  • spicy_guy
    07-28 11:36 AM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!

    Cool. Hard to find such Desi companies.





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  • ajthakur
    07-14 06:41 PM
    You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
    Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.

    Does not AC21 come in when you have used EAD to move instead of a H1 transfer?

    In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?

    If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.

    Either way, an attorney would be the safest bet..





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  • aquarianf
    08-03 02:42 PM
    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.


    Did you ask if you can send EVE separately by quoting receipt number or A# well before they issue any RFE on this?





    grinch
    03-13 10:38 PM
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    ak27
    01-09 10:02 AM
    Hi Guys,
    I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.

    Thanks,
    Varsha
    Varsha,

    Are we on for concall. Please post it again...



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