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  • prem_goel
    07-31 07:05 PM
    Of the hundreds of thousands of July 07 filers, who paid a mere $325 for their I-485 application, do you think USCIS will devote the time/effort to constantly keep track of the applicant's eligibility of 485 over the next several years???? It will take atleast 4-5 years for several of us to finally get a visa number. Several of us will move/have address changes during these years.

    It took them 2.5 years to process these...imagine the nightmare if they were to try doing subsequent rounds....

    Keep in mind that 485 eligibility is not just tied to employment but also FBI name checks etc. Do you think USCIS will keep on doing name-checks every other year, or issue EVL's every other year if/when they see for instance, an address change?

    Dude...USCIS is already on its way of bragging to the congress that it has pre-adjudicated all these 485 applications. I think if they touch these pre-adjudicated applications, then someone has to answer to someone of what is going on...why haven't you still worked on this? why are you devoting your time to these old 485 applications when there are new ones yet to be processed.

    I think once the application is pre-adjudicated...that's it!! I don't believe USCIS will spend anymore time and resources to these applications again...until a visa number is available from DOS and they apply the number to the pre-adjudicated application....my 2 cents!





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  • sledge_hammer
    02-23 09:34 AM
    Chill out my desi brethren!!!

    In what way did "buddyinsfo" dis India and Indian Muslims? What he said is absolutely right. Its not like ARR had not made good scores before. I mean just listen to his flute composition in the movie Roja, it gives me goosebumps every time I hear it.

    I have read your posts and about 10% of it is usually TOTAL BS. Please go and visit the thread about "ethnic cleansing", there is an answer and a question from me waiting for you.

    Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.

    .





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  • nlssubbu
    08-22 07:11 PM
    After receiving your I-485 USCIS conducts the following background Checks:

    IBIS - Interagency Border Inspection System name check
    FBI - FBI Fingerprint Check
    FBI - FBI Name Check
    IDENT - Automated Biometric Identification System
    Other biometric checks - For some cases, USCIS itself conduct comparisons of photograph, finger prints and signatures stored in paper application with ISRS.

    You have to clear all these checks (some of them has expiry as well) when your PD becomes current.

    Till then keep renewing your EAD / AP. [I think this is the milking cow for USCIS :) ]

    Thanks

    PS: A detailed document in PDF form was made available by DHS detailing every one of them. I do have a copy at my end and unable to upload that due to the size of the document.





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  • Hassan11
    07-20 02:45 PM
    The short answer is most republicans voted yes for the senator Cornyn's bill to recapture the unused employment -based visas from previous years and almost all Democrats voted No (except Murray democrat from Washington voted yes for the bill. I guess Microsoft does have influencial power on the senator from Washington state)

    see the info here about bill: http://www.immigration-law.com/Canada.html

    Yesterday, Senator Cornyn introduced on the Senate floor Amendment 2339 to H.R. 2669, FY 2008 Budget, proposing the following temporaary relieffor the employment-based immigrants. Sadly, the bill was rejected by 55 Nays, 40 Yeas, and one No Vote. Do your want to know who voted against this bill? Click here.
    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--


    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;
    (2) by redesignating clause (vii) as clause (ix); and
    (3) by inserting after clause (vi) the following:

    ``(vii) 65,000 in each of fiscal years 2004 through 2007
    ``(viii) 115,000 in fiscal year 2008; and''.

    This reporter asks the readers to join him to extend our "THANK YOU" to the Senator Cornyn for continuously supporting the American businesses, foreign brains, and employment-based immigration. This reporter also urges the readers to send a thank-you email for his support.
    We are proud of the Senators from Minnesota, Norm Coleman (R) and Amy Klochubar, by setting aside the partisan politics and casting bi-parisan support for this bill. THANK YOU, and THANK!!

    here is the list of the senators of their votes:

    U.S. Senate Roll Call Votes 110th Congress - 1st Session

    as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate


    Vote Summary

    Question: On the Motion (Motion to Waive Cornyn Amdt No. 2339 )
    Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
    Required For Majority: 3/5 Vote Result: Motion Rejected
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )
    Statement of Purpose: To provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses.
    Vote Counts: YEAs 55
    NAYs 40
    Not Voting 5
    Vote Summary By Senator Name By Vote Position By Home State


    Alphabetical by Senator Name Akaka (D-HI), Nay
    Alexander (R-TN), Yea
    Allard (R-CO), Yea
    Barrasso (R-WY), Yea
    Baucus (D-MT), Yea
    Bayh (D-IN), Yea
    Bennett (R-UT), Yea
    Biden (D-DE), Nay
    Bingaman (D-NM), Nay
    Bond (R-MO), Yea
    Boxer (D-CA), Nay
    Brown (D-OH), Nay
    Brownback (R-KS), Not Voting
    Bunning (R-KY), Yea
    Burr (R-NC), Yea
    Byrd (D-WV), Not Voting
    Cantwell (D-WA), Yea
    Cardin (D-MD), Nay
    Carper (D-DE), Nay
    Casey (D-PA), Nay
    Chambliss (R-GA), Yea
    Clinton (D-NY), Nay
    Coburn (R-OK), Yea
    Cochran (R-MS), Yea
    Coleman (R-MN), Yea
    Collins (R-ME), Yea
    Conrad (D-ND), Nay
    Corker (R-TN), Yea
    Cornyn (R-TX), Yea
    Craig (R-ID), Yea
    Crapo (R-ID), Yea
    DeMint (R-SC), Yea
    Dodd (D-CT), Nay
    Dole (R-NC), Yea
    Domenici (R-NM), Yea
    Dorgan (D-ND), Nay
    Durbin (D-IL), Nay
    Ensign (R-NV), Yea
    Enzi (R-WY), Yea
    Feingold (D-WI), Nay
    Feinstein (D-CA), Nay
    Graham (R-SC), Yea
    Grassley (R-IA), Yea
    Gregg (R-NH), Yea
    Hagel (R-NE), Yea
    Harkin (D-IA), Nay
    Hatch (R-UT), Yea
    Hutchison (R-TX), Yea
    Inhofe (R-OK), Yea
    Inouye (D-HI), Nay
    Isakson (R-GA), Yea
    Johnson (D-SD), Not Voting
    Kennedy (D-MA), Nay
    Kerry (D-MA), Nay
    Klobuchar (D-MN), Yea
    Kohl (D-WI), Nay
    Kyl (R-AZ), Yea
    Landrieu (D-LA), Yea
    Lautenberg (D-NJ), Nay
    Leahy (D-VT), Nay
    Levin (D-MI), Nay
    Lieberman (ID-CT), Yea
    Lincoln (D-AR), Nay
    Lott (R-MS), Not Voting
    Lugar (R-IN), Yea
    Martinez (R-FL), Yea
    McCain (R-AZ), Yea
    McCaskill (D-MO), Nay
    McConnell (R-KY), Yea
    Menendez (D-NJ), Nay
    Mikulski (D-MD), Nay
    Murkowski (R-AK), Yea
    Murray (D-WA), Yea
    Nelson (D-FL), Nay
    Nelson (D-NE), Yea
    Obama (D-IL), Not Voting
    Pryor (D-AR), Nay
    Reed (D-RI), Nay
    Reid (D-NV), Nay
    Roberts (R-KS), Yea
    Rockefeller (D-WV), Nay
    Salazar (D-CO), Nay
    Sanders (I-VT), Nay
    Schumer (D-NY), Yea
    Sessions (R-AL), Nay
    Shelby (R-AL), Yea
    Smith (R-OR), Yea
    Snowe (R-ME), Yea
    Specter (R-PA), Yea
    Stabenow (D-MI), Nay
    Stevens (R-AK), Yea
    Sununu (R-NH), Yea
    Tester (D-MT), Nay
    Thune (R-SD), Yea
    Vitter (R-LA), Yea
    Voinovich (R-OH), Nay
    Warner (R-VA), Yea
    Webb (D-VA), Nay
    Whitehouse (D-RI), Nay
    Wyden (D-OR), Yea

    Vote Summary By Senator Name By Vote Position By Home State



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  • a1b2c3
    11-01 07:12 PM
    I am EB2-I with PD of Aug 02, still waiting for approval of 485. July07 concurrent filer. 140 was approved in Sept08.

    And this is the interesting part. The online status still shows 140 as pending. No email either, just a soft LUD on the online status. USCIS is being truly erratic. A maverick?

    You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.

    Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.





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  • greyhair
    05-29 09:40 AM
    It seems that the word got out on these IV events. TechCruch has this article with IV events mentioned on its home page-

    Why Policy Makers Should Review the Facts Before Marching to the Drumbeat of the Xenophobes (http://techcrunch.com/2010/05/29/why-policy-makers-should-review-the-facts/)

    GREAT going!



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  • lazycis
    12-07 11:48 AM
    Folks I wish your suggestions would be helpful, but I have taken 3 infopass appointments, and to my badluck, everytime I visit I meet the same old-fat-lady who now happens to remember me, and says, "Didnt I tell you last time that blah blah blah ", believe me, she was not willing to even accept request to send interim ead , she gave some reason that NSC outsourced callcenter work to contractors who dont know what they are saying and send us to local office to request interim EAD. She says my FP for ead was done only in Nov(my 2nd infopass resulted in 2nd FP) so it will take 4-6 weeks after that to get EAD. Anyways I will take your advice for a 4th infopass next week.

    Print that USCIS memo (see page 1) and insist that they follow procedures outlined in the memo. They required to provide you a written notice that they followed the procedures. Do not leave until they give it to you in writing. If they refuse, ask for their names and write them down. Ask them for a written notice that they refuse to follow the procedures from the memo. Try to be polite, even though it is hard during infopass, I know :) I know how frustratiing it can be when you go for infopass appointments, but be persistent and talk to the supervisor.





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  • thamizhan
    07-21 09:02 PM
    Are we done Voting? If not please do it now



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  • PD_Dec2002
    03-17 03:36 PM
    There is already a thread open that aims to achieve similar results: http://immigrationvoice.org/forum/showthread.php?t=17660

    I agree with what most of the people here have said. The US economy is in a bigger hole and people buying houses isn't going to save it. It is going to take some creative and strict solutions from the Fed and the Govt to get the economy out of this mess.

    Regards,
    Jayant





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  • gimme_GC2006
    05-06 08:48 PM
    Guys!!!

    No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.

    So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.

    So stop complaining. Either wait and support IV or boot out.

    Very well said..I have many desi ppl at my work place who gag about H1b slavery blah-blah..Not giving GC early..

    People need to understand. (Offcourse its frustrating to wait for..but no one forced us to stay here..or come here)



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  • indyanguy
    01-22 12:28 PM
    I don't think any analysis is done. That is only going to divide the community.
    Some would say preference be given to EB category benefiting EB2(I&C).
    Some would say PD should be given preference predominantly benefiting EB3(I).

    If they follow the current spill-over rules, as you are aware, EB category would be given preference.

    Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?





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  • i_want_gc
    12-13 10:13 PM
    I agree. I personally wud never do that. i.e Why the hell should we clean the streets of an alien bcos thier system is broken? Thats my personal opion. Didnt mean tio hurt anybody.
    Like somebody pointed out, the move shud come from employers. Again taking leave etc for a day(bandh) is the not the way. The govt shud be genuinely convinced of the cost/benefits of ramping up or increasing visa numbers inorder to make any move. We should do stuff in that direction as opposed to expressing frustration.

    I am sure most of us here (especially from India) were pampered and did not even clean their own study desks or rooms of their house when they were young, now they are ready to sweep the roads of a foreign country to get the foreign government attention to get their gc :)
    Humans, listen, life is not 1000 years, it is very short, dont waste the best part of your life waiting for gc.



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  • chaanakya
    08-24 12:59 PM
    The AP is truly an amazing conundrum. I will try to clarify.

    1. When AP is filed, you need to be in the US. No if's and but's about that.
    2. If AP is used at the border for entry, it DOES NOT invalidate your H1. Only using EAD to switch jobs does that.
    3. Lets assume you have an AP valid till Jan 1. You apply for new AP on Oct 1. However, you need to travel on Dec 25. Now there are two scenarios:
    3a) you return on Dec 30 - you can use your old AP as it is still valid. The fact that you have applied for a new AP and left the country DOES NOT abandon your new AP because your old AP is still valid.
    3b) You return on Jan 3 - You need to have the new AP in hand.

    If there are any more questions on AP, please feel free to PM me :)

    Thanks





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  • singhsa3
    08-13 10:58 PM
    I am unable to keep myself awake. I will discuss this with you tomorrow. Have a good night!

    According to Ombudsman's report,

    Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)

    I am approximating 1M to be EB based, 1.5M to be family based and 92,535 to be asylum + refugee (which is a lot).



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  • sanju_eb3
    04-25 09:01 PM
    What are the downsides of the point based system?
    - The bill may take too long to shape-up and implement; thus holding off any meaningful reform to address the current retrogression problem.
    - Others, please list

    What are its advantages?
    - No need of lawyer
    - Employer independent (Is it true?)
    - Others, please list





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  • test101
    06-28 03:23 PM
    Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
    What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?

    thanks



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  • LostInGCProcess
    11-18 11:10 AM
    I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.

    I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.

    sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
    Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
    If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.

    H1B guy, the best course of action for you, in my opinion:
    1) consult an attorney.
    2) gather as much evidence as possible related to the charging for H1B.
    3) find another project.
    4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    You don't have to be afraid of a company that is doing business unethically.
    Good Luck!!!





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  • svgupta
    05-22 03:12 PM
    plz contribute and update your signature as well.





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  • nrk
    08-11 01:01 PM
    PD = Date on which your labor application received.

    My 140 says it is the date on which my labor application received. i believe it is the case with all.

    Please contact USCIS to get that corrected.

    Can some one clarify if the PD is based on the day labor application was received or the day it was approved?

    My I140 states it as the day it was approved.





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    praveenuppaluri
    04-01 03:04 PM
    just send my $50 via paypal (donate now). $10K each month is definitely achievable. GO IV...



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