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  • minimalist
    11-07 03:31 PM
    Friends,


    One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???

    How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.

    Thoughts?
    Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
    However, having an official AC21 process would be good.





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  • h1bmajdoor
    12-24 05:14 PM
    do you remember the case of the girl who came to the US as 1 year old and is now some 27 years old and still on H4?

    She knows no other place than the US and can be kicked out anytime the husband goes out of status.

    Think of her.





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  • panky72
    10-01 09:50 PM
    You dont need any transit visa if you are going to India from USA after legal stay in US.
    my wife has an online travels company and I have confirmed with her .

    How about coming back fron India to US on AP and expired H-1??





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  • Legal
    07-15 01:59 PM
    We will see some kind of RFEs for July-Aug 2007 I-485 filers during Oct-Dec 2008 timeframe when USCIS has ample time in processing the I-485 petitions.

    They should assign the GC numbers available for the current fiscal year before Sep30th2008. Based on the various numbers and analyses on the EB-2 India numbers posted by the IV members I'm betting most 2004, 2005 cases should clear out in the next 2 months.

    Folks at USCIS "cleared out" something like 50k visa numbers last June precipitating the July 07 visa bulletin fiasco.

    I'm also skeptical about the claim of some members that EB-2 India numbers will retrogess severely in October 2008. The cut off date may move backwards or forwards a little bit, unlikley to have severe retrogression.



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  • am4gc
    11-30 02:08 PM
    Question...see below in bold

    The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.

    Because the extension will be for a future date (March 1).
    -- Question: Is this extension based on I-140 is different than the extension you get for the second 3 year out of 6 year? If not, then why I-94 can not be given date adding the extension of 3 year ?

    Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".

    It is hard to trust these corporate lawyers.





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  • hopefulgc
    08-13 05:11 PM
    I wanted to get an idea how many EB2 guys would be willing to visit DC to meet lawmakers to help out our EB3 brothers. Unquestionably all EB3 should be willing to visit. This is the chance to show that IV is indeed one.

    Refering to this thread

    http://immigrationvoice.org/forum/showthread.php?t=20858



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  • bkam
    04-14 09:01 AM
    Berkeleybee,

    Discussing the way the immigrants are treated in this country is a very constructive conversation. Discussing the way of getting out of this situation is also a very constructive conversation.

    Although I appreciate your (the core team) efforts and support them, we are still light years away from a quick and effective solution of the backlog and retrogression problems. All - government, Senate, Congress, Immigration service, big business etc do not care at all about the legal immigrants (better not use another popular expression :-). Do you need a prove for that !? And do you know why is that ? - because nobody "votes with the feet" and there is a permanent flow of "dreamers" hoping to get a GC. The big business is interested in guest workers, not in quick resolution of the GC problem - idiots like us cost less, do not dear to demand rights and are quiet and patient people who could bear a lot. And do not forget that the big business pulls the strings of the politicians.

    Bottom line - the lack of negative feedback (voting with the feet for example) contributed to the current mess in the Immigration.

    You should have access to my email address - call me and I will give you some helpful information.





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  • Winner
    05-01 12:52 PM
    Administrative Fix-IT campaign


    No. It's not a typo. USCIS indeed needs to help us in order to help itself. With the recent campaign by Immigration Voice to request the administration to pass certain measures that would immensely help the High Skilled Legal Immigrant community, USCIS can legitimately and administrative improve its processes, so that it can go back and do what it does the best - Adjudicate immigration applications.

    Despite the reality of a huge economic deficit to be borne by the new administration, the Inspector General recently cautioned Congress about the impending backlogs caused by outdated policies and the slow pace of IT modernization of USCIS. One statement in particular stands out - USCIS has come out with plans to modernize its processes, but these plans are pending approval.


    Quote : Until USCIS improves IT management and operations, the USCIS will not be in a position to either effectively manage existing workloads or handle the potentially dramatic increase in immigration benefits processing workloads that could result from proposed immigration reform legislation - Oh Law Firm


    The current administration should pass these administrative fixes in order to better the main purpose of USCIS.

    Some of the fixes include -

    1. Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    Due to processing delays, USCIS is forced to waste approx. 20,000 visas allocated for the Employment Based Permanent Residency process. This measure will indeed help USCIS to process and clear the backlog once and for all.

    2. Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    By strictly defining job categories, legal immigrants are subjected to undue hardship and career stagnation. When a legal immigrant decides to move to another job with a different (and usually better) position, he/she is forced to start the legal immigration application cycle again, causing more paperwork and process cycles on USCIS's part. One way of Simplifying the process is to relax or broaden the definition of "same or similar" job description while applying for a visa during a job change. Imagine stuck in the same job for 6-10 years because federally mandated visa numbers are not available but you have been successfully approved to get one.

    3. Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    Form I-485 is the last step of the Permanent Residency process. This step is required in order for a legal immigrant's status to be adjusted to that of a Permanent Resident. Without this step, applicants cannot apply for I-485 and have to wait until visa numbers are available.

    4. Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    EAD or Employment Authorization Document is a temporary status allowing the applicant to work for any employer until the immigrant's 485 application is adjudicated. AP or Advanced Parole allows a applicant who is waiting for his/her I-485 to be adjudicated, to travel to his/her home country in the event of an emergency. Both these documents are available for a hefty sum and are valid only for 1 year. With recent backlog estimates at 800,000 applications, USCIS has to endure tremendous workload by renewing these documents once a year. By issuing documents valid for 3 years, this burden can help USCIS focus better on other adjudication work.

    5. Allow visa revalidation in the United States.

    Visa revalidation, per the State department, is required to be done outside the US at a consular post in an immigrant's home country. This causes undue burden on the legal immigrant.

    6. Reinstate premium processing of Immigrant Petitions.

    For those employers looking for a quick adjudication to an immigrant employee's petition to work, premium processing has been a god send. Premium processing forces the employer to pay more in order to receive an expedited decision on the petition. Premium processing was suspended due to receipting backlogs after the July 2007 Visa Bulletin fiasco. Now that the receipting backlogs are over, USCIS should now reinstate premium processing for immigrant petitions.


    In-house cleanup of the USCIS by embracing the above administrative fixes will immensely help USCIS realign its purpose of adjudicating visa and permanent residency petitions rather spend a good portion of its time working on supporting "pending state" measures.

    I sincerely request everyone to write to the President.

    More information is available in this thread at Immigration Voice:

    http://immigrationvoice.org/forum/showthread.php?t=16506


    NOTE: This website is in no way affiliated to Immigration Voice and the opinions and comments documented here are that of the blog owner's.



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  • webm
    11-19 10:41 AM
    Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.

    My case Details
    EB3, India , PD Oct 2000(Sub.)
    I-140 / I-485 RD : 2/2005
    I-140 : AD 07/2005
    4 EAD / 4 APs


    Congrats!!! dude....You are set to free now!!!

    Your PD is EB3, India , PD Oct 2000(Sub.) obviously they would have alloted Visa Number for you..as currently EB3 is MAY01..previously APR01..





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  • bkam
    04-13 07:47 PM
    I have roots in two countries in different part of the world and I will make sure that the mess with the US legal immigration is well explained and "advertised" there. Young people in these countries should know what is going on here and should thing before deciding to go the US. Even if they still decide to come here, they would be better informed and prepared. At least they should know that their social status as "legals" would be lover that the one of the illegal Mexican illiterate lettuce pickers (the latter would have more rights in terms of obtaining permanent residency)

    I never demanded permanent residence in the US as my right. But I have the right to have my LCA adjudicated in a reasonable time (months, not years) by the US administration. Months, not years! I am here legally, I work hard for this country, pay honestly my taxes and I am entitled to get a quick reply to my application. If it is rejected, OK! Fair enough, I will look for other opportunities.

    I believe that the IV as a face of the "legals" have to put this issue before the lawmakers and the media and to demand for its resolution. Yes, to demand - this is not too much to ask. And if the US administration is still unwilling or incapable to resolve at least this problem, than I would ask myself what I am doing in such "great" country :-)

    By the way, creating of these "BEC"s is not a resolution of the backlog problem, just another cover up of the DOL's impotency.



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  • JAWAD
    05-03 09:07 AM
    Don't lose focus of what we are trying to do here. Let's not get caught in the hysteria of media exposure. Our cause is just and our demands are reasonable. They are demands that most Americans would sympathize with if they were properly informed. So, let's stay above board on this. Let's be the smart and educated bunch that we are and be saavy and articulate - This means laying our case to responsible and respectable members of the media and not rabid pundits and ideologues.





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  • Onesimus
    03-19 03:53 AM
    Well, yeah. And I also found his other work (http://www.behance.net/Gallery/Desktop-Wallpapers/348801) (linked in his thread). :(


    I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.

    I asked "have you read the bible" on my design because if you did then you'll find this names familiar.



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  • DSLStart
    03-16 03:38 PM
    Quite informative. Thanks for posting.

    http://imminfo.com/Newsletter/2009-3/2009-03.html

    Please ignore if previously posted.





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  • HV000
    03-06 06:34 PM
    For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.


    You are in much better shape with >180 days in AOS. Can work in EAD if needed.

    Don't worry.

    Thanks grupak! I was able to use PTO with my employer..
    Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?

    If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?

    Thanks!!



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  • watzgc
    04-02 02:45 PM
    Thanks zCool... will look into it.





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  • senthil1
    08-20 02:43 PM
    If total number of GCs pending were 400k till date. If another 4 years only 50k or less Eb applications from 2009.
    Then 2012 Eb3 PD will be 2007 or 2008 and EB2 will become current. Also in 400k many drop outs will be there due to recession
    So it is a reasonable calculation that PD will start improve from 2010 end. Only problem is CIS should not waste Visa. Each number of waste of visa will impact EB3

    the effort to address the ugly country caps and retrogression in general shouldnt depend on someone else's misfortune - why should we profit from some other familiy's heartache? the system is atrocious and needs to be reformed - even if you get your gc tomorrow, hopefully u wont instantly join the group that wants to shut the door on those following-& pls make sure whateevr u sire too doesnt turn anti like the nutcases that i've come across



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  • mrsr
    03-03 10:12 PM
    thank you for your update





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  • singhsa3
    04-27 01:44 PM
    Deleted





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  • ken
    08-11 02:14 PM
    My case was also transfered to Local office Miami,Fl back in April 2008.

    I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438

    Even I called USCIS and they told me that they don't have any clue why it is transfered.





    msp1976
    02-14 07:03 PM
    Last time around exactly the same time in 2006 CIR took off like crazy because of the tremendous backing of Senate Judiciary committee chairman Arlen Specter and Senate majority Leader Bill Frist (who actually gave a deadline for a the bill to be introduced to the senate floor, to speed it up) and president bush supporting it as well. In spite of all these it took the senate from Feb-march 2006 to around September 2006 to get it passed.


    In 2006 Senate had passed S2611 late may as I remember with a fair margin...





    bhatt
    04-16 11:33 PM
    Just want to share the info that I have received the Permanent residency approval notice Y'day.
    Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.



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