Sunday, July 3, 2011

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  • desi3933
    07-09 11:37 AM
    Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.

    I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.


    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.


    [Emphasis added for clarity]


    ______________________
    Not a legal advice.




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  • lutherpraveen
    10-14 09:27 AM
    Processed at NSC.
    WAS IT ALSO A LIN#? I AM PATIENTLY WAITING......HOPING TO BE NEXT.




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  • gckabayega
    09-01 07:47 AM
    Wait for a couple of more weeks-- It is on the way. Don't go by the dates USCIS posted. They apparently don't correctly reflect the actual.

    i sent application for me and my wife on july 6th NSC my I 140 was applied in TSC . i am NJ resident. wife took info pass appointmnet as no check cashed, no notice receive. started worrying now. as NSC is updating even new applications no sure if my case was transferred to TSC or not . any body in same boat ? application was signed by R williams in NSC.




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  • gsc999
    07-10 05:04 PM
    my 2cents suggestion...

    1) Can we advertise about this rally in our grocery shops....
    2) Can we bring our family memembers also.......
    --
    Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.

    I already have four volunteers need more.



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  • bestia
    12-16 10:19 PM
    Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:

    1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.

    2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.

    So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?

    To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.




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  • gc_on_demand
    11-19 05:15 PM
    Thank you for contacting me to express your concerns regarding the management of Employment-Based Second Preference Visas. Your opinion is very important to me, and I appreciate the opportunity to respond to you about this issue.



    The number of unused visas is a concern that plagues our current immigration system. As a result, I believe it is important to reform our immigration system to meet the demands of our global marketplace. You may be pleased to know that I introduced S. 1085, the Reuniting Families Act (RFA), to not only address the issue of family reunification, but also to recapture employment-based visas that haven't been used in past years so that they may be used in future years. This bill also eliminates the current backlogs and long wait times in the family immigration system. Please rest assured that I will keep your views in mind as I continue to address the concerns of employment-based visas in the context of comprehensive immigration reform.



    Several Senators including myself are currently working on a comprehensive immigration reform framework that aims to fix all the problems within our current immigration system. I thank you for sharing your thoughts with me, and I appreciate your support. Please do not hesitate to contact me if I can be of further assistance. I invite you to visit my website (Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov)) to learn more about how I am standing up for New Jersey families in the United States Senate.



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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.




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  • nehas
    01-29 05:39 PM
    thanks for the reply but i already accepted the employment with the employer who sponsored my H1B



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  • arnet
    05-23 12:32 PM
    Thanks IV. Sent email to 10+2 and also to the following state senators: AZ,AK,CA,IL,AL,CO,CT,FL,ID,MA,PA. Will try to sent to other state senators too.




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  • bmoni
    05-01 11:32 PM
    Even if we have five people agree to file this class action lets do it .....
    Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.

    1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.

    2, Whatever the inital attorney consultion let split the consultation fee between five of us.

    3, Once we have a stream lined class action in place will gather more people.

    what you think ..?

    I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.











    Lets file a lawsuit to get the info in a manner we need:


    1) breakdown of processing dates in a manner that co relates to visa bulletin.
    i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.

    2) Visa usage by category reporting each month
    (How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.

    This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.



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  • darslee
    07-10 04:55 PM
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down J
    Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.

    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Let us learn from what went right and what went wrong and use this to better execute all future events.

    Absolutely right! Good job eveyone who participated! :)




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  • 485Question
    10-04 06:23 PM
    Any applicant here who received the finger printing notices after Oct 1st.



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  • Rohan99
    10-12 10:26 PM
    THANKS! I will wait for my turn and hope that my application is right next to you.

    GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.




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  • sriteam
    07-20 09:24 AM
    $100 from my side. Thanks to IV Core. Waiting for mode of payment...



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  • dealsnet
    11-21 10:13 PM
    If Your spouse is Fijian born, you can try cross chargeability for ROW quota.




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  • minimalist
    01-31 01:17 PM
    nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?

    Ideally your employer should rescind your offer and buy you a ticket back home.
    But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.

    Is it illegal? Yes. But there is a risk for the people involved.

    Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.

    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.

    You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.





    Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.

    The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395

    After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.

    I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.

    Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..



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  • voldemar
    05-23 11:27 AM
    Use web based contact forms provided on each senator's website.

    You can find senator's contact info from this page.
    http://www.senate.gov/general/contact_information/senators_cfm.cfm
    Sent 2(MO) + 10




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  • EADplease
    09-20 10:39 AM
    wow. Congratulations.

    I also heard from my attorney yesterday that the checks are being processed now. I don't have any information other than that. Can I also call them and get the receipt numbers -- what information do I need to get the number? My case was sent to TSC...

    Thank you!

    Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).


    EB2 ROW (Cross Charge)

    PD: 1/11/07

    I 140 Approved (Texas): 8/22/07

    AOS sent (Nebraska) : 7/26/07

    Receipt /Notice (SRC): 9/17/07




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  • venkatg
    07-20 03:55 PM
    I am willing to Contribute $150 for Aman.




    tonyHK12
    02-17 08:39 AM
    thanks delta313, manchala, gc_peshwa, ramaonline, whiteStallion for your contributions. We are @ 11%

    Total Contributions...........$5,625.00
    Amount to be raised.......$44,375.00
    .




    hebbar77
    05-08 02:43 PM
    Please contribute...

    If I contribute will IV make EB2 unavailable?



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