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  • srikondoji
    04-26 05:10 PM
    Now my friends living in other states facing similar problems have come to know about this coordinated effort and will likely contriute.
    We are soon going to have a weekend discussion group and see what we has a group can do.
    Great job.





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  • desi3933
    02-02 02:19 PM
    Thanks for the reply , let me file the H1 transfer with Employer2 now in "Premium route" with the I-140 approval from Employer1 and see if we get a approval. Once i get a approval , i think stamping it wont be an issue after 7-8 months even thought Employer1 has revoked that I-140 ?

    However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???

    This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.

    Please note that the memorandum does not have the force of law.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • caydee
    05-28 04:51 PM
    I am amazed by the effect the writer has had on stuckinmuck. More amazing is the fact that the writer validates his own point by claiming that he is with HR. Wonder how many real HR professionals reveal their company secrets.

    Hi,
    ........... My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





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  • vutharkar
    09-22 04:40 PM
    Since most of the west coast people who found it diffcult to attend the DC rally, was because of the cost/total flight time etc, for future may be it might be a better idea to conduct coordinated east coast (DC or new jersey or where ever there are huge legal immigrant aspirants) and west coast (silicon valley/bay area) rallies simultaneously. Probably even one somewhere in middle of USA (Texas ?)..

    That way, not only does it give an impression that its a wide spread effort and get better noticed, but also make it more convenient for people to attend. And also may instill some sense of friendly competition between local IV chapters to 'beat the numbers' and may encourage people to attend the local rallies in huge numbers. And also it will even out the effect of some local region having poor attendance.

    Also the burden on the 'core team' will also be spread out evenly, so we can conduct more such rallies in future at a shorter notice and with lesser effort. Key to this is developing the local chapters more, making them more autonomous and regulated.

    It also has been mentioned in various posts that the hierarchical structure of the organization is not very transparent and many people seem to be still confused between 'core members'/admins versus 'senior members' and volunteers. I agree IV is by us and for all of us. But it doesn't hurt to have a streamlined organizational structure...(may be such a structure is already in place...if so then it needs to be more transparent ) That will make IV look more professional also.


    Coming to ideas like sending more flowers ...or stoppers etc....
    We need to be careful to not overdo things. It might dilute the intention and may even send negative message. And also sometimes well intentioned creative ideas but not immediately apparent, can fall flat.



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  • nk2006
    03-03 12:39 PM
    Bulls eye. this is what I am thinking.

    I am looking for an answer in general for all.

    As Chandu pointed out, in general, AOS (pending 485) status gives some protection in terms of maintaining legal status in between jobs. 'Technically' once six months are completed at the employer on whose job the I-485 has been submitted - we should be good. But the issue is AC21 process is not a well streamlined one - no forms etc. Earlier the volume of these cases might be very low for USCIS; now after the July 2007 there are lot more people in the I-485 stage and recent economic conditions could have contributed to large number of people using/potentially using AC21 process to change jobs. Heard many issues - hope USCIS will streamline the process for AC21 job change issues.





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  • map_boiler
    07-06 11:03 AM
    What kind of charges may be filed under the following points?

    1. Processing and approving 60K I-485's in 2-weeks (12 times normal speed) just to avoid the flood of applications in July, when you consider that their typical speed is around 10K/month. 25K applications were approved in just 2-days (37.5 times normal speed) over the last weekend.

    2. USCIS requested visa numbers for cases where FBI background check was not completed. In other words, they requested numbers before processing could be completed for those cases and I-485s could be approved. Serious issue of lapse of national security here.

    3. USCIS apparently approved I-485's of some people whose dates were not even current in June, even if their FBI check had been completed and I-485 otherwise ready for approval.

    4. USCIS apparently approved I-485's of some people in July after DOS published the updated visa buletin on July 2nd advising that all visa numbers were exhausted for FY 2007.

    Any other points, and possible charges in the lawsuit using those points?



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  • waitingnwaiting
    05-31 08:26 AM
    ‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.

    ‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--

    ‘(A) has been lawfully admitted to the United States for permanent residence; and

    ‘(B) is a physician or other healthcare worker.

    ‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.

    ‘(d) Publication- The Secretary of State shall publish--

    ‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;

    ‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and

    ‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.

    (2) RULEMAKING-

    (A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.

    (B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--

    (i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;

    (ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and

    (iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.

    (3) TECHNICAL AND CONFORMING AMENDMENTS-

    (A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.

    (B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.

    (C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.

    (D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:

    ‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.

    (4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.

    (d) Attestation by Health Care Workers-

    (1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:

    ‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-

    ‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.

    ‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.

    ‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--

    ‘(I) the obligation was incurred by coercion or other improper means;

    ‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or

    ‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.

    (2) EFFECTIVE DATE; APPLICATION-

    (A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.

    (B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

    SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.

    (a) Findings- Congress makes the following findings:

    (1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.

    (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.

    (3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.

    (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.

    (b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--

    (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;

    (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and

    (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.





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  • Macaca
    06-17 10:15 AM
    The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.

    The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
    Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
    As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
    FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..

    Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
    While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))



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  • nashorn
    12-17 11:47 AM
    I have sold some items in eBay in the past, If I rememver correctly, when I sold something for $10 and the buyer made a paypal payment, paypal too $1.5 as fees.

    So if you are making $20, only $17 goes to IV, IF the amount is >=50 I believe the fees is much lesser (like 5%) so more money goes to IV instead of making paypal rich.
    How about check? 100% goes to IV.





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  • gg_ny
    03-17 02:48 PM
    I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lenders were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.

    Let alone threatening him on buying homes and cure the economic woes in a jiffy, with this kind of intelligent appraisal of the much-respected Fed chief, someone from IV should also volunteer to replace him as Fed Chief if he feels the heat. Still if he does not oblige, then we should stop filling gas (thereby worsening the crisis).



    I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.

    In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.



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  • franklin
    08-22 07:38 PM
    Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.

    (1) Are these steps taken in a sequence?
    (2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..

    I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.

    The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.

    To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000


    To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.

    Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)





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  • ragz4u
    04-03 12:40 PM
    We are working really hard to get our amendments in. Please understand, we are not doing this for fun. We are into this just like you for our green cards. It would really help if we get support instead of having to answer the same questions over and over

    To emphasize again

    We are trying to get our amendments in the bill. It is not an easy task considering that the senators have achieved a fine balance behind the doors and are unwilling to be the ones to break it. But again, we are going full steam with this as it means as much to us as to you. And remember, we are a voluntary non-profit organization. Before you start doubting anyone here, remember, there is no gain for us doing this.

    I am not sure if this satisfies everyone, but WE ARE WORKING ON THE AMENDMENTS CURRENTLY.



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  • truthinspector
    07-09 02:42 PM
    Aaj nahin uthogey toh kab uthogey....
    means.....
    If not today, when shall you wake up????

    as somebody was suggesting in another thread, can you please post your comments in English for non-hindi speakers like me. Thanks.





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  • drona
    07-10 10:30 AM
    Location Date Local Time Description

    LANDOVER, MD 07/10/2007 6:30 A.M. OUT FOR DELIVERY
    LAWNSIDE, NJ 07/10/2007 5:00 A.M. ARRIVAL SCAN
    LAWNSIDE, NJ 07/10/2007 2:29 A.M. DEPARTURE SCAN
    LAWNSIDE, NJ 07/09/2007 11:39 P.M. ARRIVAL SCAN
    SADDLE BROOK, NJ 07/09/2007 9:48 P.M. DEPARTURE SCAN
    SADDLE BROOK, NJ 07/09/2007 8:57 P.M. ORIGIN SCAN

    :)



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  • bheemi
    03-03 09:50 AM
    Would like to know if you guys are wokring on this issue of applying 485 during retrogression..becuase in yesterday's senate bill, this was not included ..are you going to put some effort in including this in the bill..i

    apprciate your response..

    I am going to contribute $100 today to immigrationvoice..thru billpay..
    will update you once I successfully transfer funds...
    Thanks
    Bheemi





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  • unitednations
    03-24 12:07 PM
    although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.

    Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.

    nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.

    My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center



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  • vina92
    02-23 03:31 PM
    What our wonderful Rehman said were not simple words but very powerful. All our lives
    we have the choice between love and hate. He chose love over hate and he reached the pinnacle of his career. It's a great honor to be recognized by the best of the artists in the world, as the greatest. It's no simple feat. It takes lifetimes to get there!

    It's a beautiful message said in simple terms and all of us should try to follow it!

    He made India proud at Oscars and all Indians are very proud of him. Time to rejoice.
    He did prove that music and art have no barriers.

    I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion.
    I wish all countries take inspiration from it.





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  • praveenat11
    10-25 03:00 PM
    Hi,
    I have sumbitted my I-140,I-485 on Oct10 2007 in the category of EB1.
    Today my check is encashed.
    can anyone say what r the next steps...?





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  • pappu
    05-10 09:42 AM
    2007 DC Rally Blog

    Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)

    ----------

    Full Page color ad in Roll Call
    http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf





    WithoutGCAmigo
    06-18 11:25 AM
    So again a queue to get stuck in

    I think now EADs will get delayed...surely..

    If its not one thing its the other....we just too many in number....God save us..





    senthil1
    04-29 11:30 AM
    If point sysem is introduced the big losers are immigration lawyers as they cannot make money in multiple stages. So no wonder if they oppose. Of course there is some limitations but its sucess depends on rules and regulations. Also there is going to be a Cap and there is going to be a provision to prevent displacement of US workers as the worldwide demand is always here. But main advantage is it will bring down the work load of various agencies like DOL and INS also employers.

    the reason why we will not find justice is that our suffering is creating profits for the people with power and who vote.

    your freedom is reduction in their profits. exactly the slave-master thinking. they will try their best to delay your freedom.

    at my last employer (a large, respectable financial firm), they kept saying "GC next year" till they said "GC last months of 5th year". I was just a few months from that time, but i quit them in disgust anyway. doing GC with them would have meant another 5-6 years with those creeps.

    this is classic zero-sum thinking. you'll see it everywhere in the US. you just have to be sharper at seeing politics. only you can protect your interests.

    my advice to IV is to associate with some labour union. those guys are corrupt, but at least they have some power.



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