Wednesday, June 22, 2011

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  • bugmenot
    04-25 08:40 PM
    Should watch AILA's stand on this. One group who would benefit immensely with this system would be immi lawyers, at least for first 10 years after which it would be more established. A perfectly intelligent delaying technique moving the issue away from its solution at least by 2 full years. This idea appears to be so full of holes, it seems as though coming from WH itself. Soemtime Logiclife nicely argued against such a suggestion, it would help to dig out those comments and post them here...

    on the contrary, the point based system completely eliminates the need of a lawyer, with the canadian and australian system u just need to do the work urself online and the balls starts rolling then, it'll be interesting how they react to this





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  • lazycis
    11-29 02:05 PM
    You've got it.
    You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
    Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production—either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.





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  • obviously
    08-18 10:58 PM
    It is time for the high skilled immigrants here to take offense with what NUSA puts out ... here is a message that was sent to them a short while ago. We can do more. The collective intelligence, tax dollars and clout of this group of HIGH SKILLED immigrants can call the bluff on Roy Beck and his bunch of fear mongers...

    To Roy Beck:
    Unfortunately, special interest groups such as yours fail to understand the realities of globalization, international trade and commerce. Your views are an arcane throwback to the era of narrow protectionism fueled by fear, uncertainty and doubt. The world's economies are growing at a much faster rate than the US because we have failed to keep pace with the talent race and skill race. We have forgotten the great tradition of adventurism and capitalism, and instead bask in the self-avowed glory of elitist protectionism... hoping that cute scare videos and falsified statistics will deceive people from seeing what NumberUSA is what it is really about = a quest of 'racial purity'. Lets not try to fool hardworking, law abiding economic agents into believing that you stand for a moral cause greater than the collective capitalist good of the United States. Indeed, it is shameful that you should continue to pander your archaic sentiments around 'immigration control' in a land where the ONLY natural citizens are American Indians. You demean the Irish, the Italians, the Germans, the Jews, the Indians and the Chinese by painting a broad brush against 'numeric over crowding' without caring to recognize the net economic value add of these and other ethnic groups. Maybe its time for todays youth to stop fawning over Hannah M, Britney S etc and get cracking at higher education ... and maybe, just maybe, our time is better spent on being parents that can imbibe a new 'gold rush' mentality of adventure and spirit instead of fear mongering and hoping that globalization will go away :). Because, it wont Mr Beck. Never has. Never will.





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  • Narend
    10-24 08:28 AM
    Hello Dude,
    Bangladesh- EB3.. You are one son of gun lucky dude. :)

    Wish you and your family all the best in the Future.
    Now, can I expect you to donate your 1st million for us to lobby in here? Man it would be of great help.. please....

    ---------------------------------------

    Indaianabacklog --- Why the he** dont you understand you are born in the damn country with Billion people? But if you are not, then yes its a surprise. But how are you ROW?
    And also from my experience --- You got to keep poking the USCIS authorities for them to wake up and take your application to process.

    Let me tell you my story:

    My company applied for my extension after 1st 3 yrs of H1 last year in Sept. I expected to get extension before Nov and I had planned to go to India in December. Well the dec came and I did not have extension, but I went to India as I was supposed to hoping that the extension would just arrive. Dec over, Jan over, Feb over, I am sitting Idle at home in India. Then I called USCIS- the officer told that since I left the country while extension applied and my h1 has expired, it means I have abondoned my application.. What the f***. Well, later I started following up with my h1 company.
    Finally my office Amin staff personally went into USCIS office, explaining my situation and also showing proof that the client is waiting for me to get back and start work, I got h1 extension approved on Jul 24th.. What a relief.

    Ran to Chennai for stamping and flew into Bay Area. Next day Med appointments cause i was to file 485 before Aug 17th.
    Oh Gosh! I could barely do that and my application reached the NSC on Aug 17th. Now got the receipt numbers.

    So Unless you keep poking them You wont hear updates. Just my 2 points experience in the swarm of people here.



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  • unitednations
    03-16 02:22 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.

    There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.

    They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.

    I actually came across a case where a company had 14- denied for ability to pay.

    There was a merger between companies and the new company filed the 140 using old companies labor.

    In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);

    since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.

    I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.

    If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.





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  • swaroopmukka
    07-18 10:47 AM
    Hello,

    I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.

    Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
    F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.

    Please suggest what should I do now ??

    Thanks



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  • radhagd
    05-15 11:01 AM
    check this statement by lawyer


    "Depending upon where you are from, your home consulate may (most likely will) accept an application for consular immigrant visa processing. Go to the main ImmInfo.com site and read the article and other materials on "AC I-140" processing. Use the search feature if you can't otherwise find these materials.

    You DO NOT have to abandon your AOS. It can continue while you pursue a consular application at the same time. When you get your green card via consular processing and return to the US, you can withdraw your AOS application at that time. Until then, it stays on file. You may use your AP and EAD while you are doing this.

    We have process more than a thousand cases via this procedure. It is nothing exotic. Indeed, a substantial number of people who still visit this forum are former clients of ours who did this exact same procedure."
    __________________
    James R. Gotcher
    Attorney at Law
    The Gotcher Law Group, PC
    15300 Ventura Blvd., Suite 507
    Sherman Oaks, CA 91403
    Tel: 818-990-4922
    Fax: 818-990-4964
    ImmInfo.com
    GotcherLaw.com





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  • hebron
    06-29 03:23 PM
    CNN Political Ticker: All politics, all the time Blog Archive - Obama Immigration speech Thursday � - Blogs from CNN.com (http://politicalticker.blogs.cnn.com/2010/06/29/obama-immigration-speech-thursday/?iref=allsearch&fbid=rwJsrFt2oZa)



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  • wellwisher02
    05-04 06:05 PM
    Agreed...it is personal decision...but for Indians...it is a difficult decision. The way India is growing....People who have lived here for more than 10years...are migrating back....i know a person who left...has warned me...just to earn and get out.....not good for kids future etc....

    So...we are all still learning.....
    ---
    In re personal decision, I stay away from commenting on it any further.
    Many members of IV, like me, are speaking in ONE VOICE on immigration reforms, including expeditious processing of GCs.

    That should be the primary focus of threads, talking about H1B and GC issues. I don't mean to offend you, dear friend, since I'd like to be in the company of people who're going through frustrating times and fighting for GC reforms thru IV.





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  • manderson
    10-24 10:24 AM
    shimul99

    first of all congrats. but i have a question.

    you said you are EB3 ROW (Bangladesh) but you applied your I-485 on June 29, 2007 with a Priority Date of Feb 06.

    But on June 2007 (just before the VB fiasco) the Visa Bulletin for EB3 ROW was caught up to June 05 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html). But your EB3 ROW PD is Feb 06. So how is that possible?

    Only EB2 ROW is current. Are you sure you are not EB2? You can confirm this by looking at your 140 notice. Otherwise you must have sent out your application June 29 (Fri) in the hope of reaching USCIS by July 1 or 2 (Sun or Mon). That's the only way I could make sense of this.

    Either way man, your stars must all lined up or something man. You are indeed very lucky.

    the reason I am pestering you is becoz I too am EB3 ROW with PD of Mar 06 and I filed on Aug with an approved 140. I am now kicking myself for not mailing out June 29 Fri.



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  • kumar_77
    07-19 01:47 PM
    Reached NSC july 2 @ 7.55 per fed ex





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  • redgreen
    02-16 12:04 PM
    Many here are 'strongly against' those 'horrible' desi or whatever companies after getting an h1b through them. As we know most of the software consultants are here only because those companies could utlize the loopholes in the system. (We all know that this labor certification and such things are nonsense!). It is great to fight for 'legal' things but when you see those who misusd it themselves are 'fighting' for it, makes people feel so funny! We all know that what we all need is GC, whatever be the way, and whatever happens to 'others'. It is legitimate and understandable to fight for 'our cause', otherwise who will fight for us?
    [According to me nothing is 'wrong' to be here using any method even being an 'illegal immigant', but fortunately I am here in USA 'legally' and not using 'desi' or such companies]



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  • gg123
    05-09 08:37 AM
    Hello Pappu,

    Fantsatic news. I think we have to unite for this big event - this is the BEST time to get our voice heard. If illegal immigrants are voicing why not We? Most of us are here for atleast close to TEN years and contributed for this economy. PERIOD.

    Pappu, I will definetly be there for atleast one day.

    Sorry for noting this... To some of our folks -

    Forget about EB2 / EB3 - ego... (Sorry to quote this if anybody wants to challenge me on this we can have a separte discussion).





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  • wahwah
    11-14 10:31 PM
    you argued with me unnecessarily......my prediction of severe retrogression in 2 months was not incorrect.

    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st C C C C C
    2nd C 01JAN03 01JAN02 C C
    3rd 01SEP02 15OCT01 01MAY01 22APR01 01SEP02
    Other
    Workers 01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employ-ment Areas/
    Regional Centers C C C C C




    You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?

    Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?

    Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.




    Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.


    So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?



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  • unitednations
    03-16 02:22 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.

    There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.

    They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.

    I actually came across a case where a company had 14- denied for ability to pay.

    There was a merger between companies and the new company filed the 140 using old companies labor.

    In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);

    since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.

    I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.

    If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.





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  • miguy
    05-15 10:00 AM
    I didn't know we could file for both simulataneously. I thought it is either one or the other. Can someone clarify?



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  • casinoroyale
    06-26 03:42 PM
    Our attorney said one can apply for a renewal even from a different country, the clause that one has to be physically present in US is only for the initial I485 and AP application.

    I have applied for AP renewal on June 23rd and am traveling next month to India for 2 months will be back before my current AP expires i.e. Oct 10th. My attorney actually asked me to apply for renewal before I leave for India.

    Thanks for sharing the information.





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  • nc14
    05-06 04:12 PM
    Anyone from Cincinnati, Dayton, Indianapolis area who wants to plan the trip together. Flights from Dayton to BWI is for $157 roundtrip.





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  • amitjoey
    07-10 12:18 PM
    Core members,

    I think flowers comaign is a good idea. But I wanted to know why don't we send letters and emails to Mr.Aytes and USCIS Director and probably HEads of DOS to issue the 182,000 unused visas since 2000 now so USCIS can work on those visas from July to October.

    NYTimes article mentioned that DOS officials did not want this years number wasted like the 182,000 visas got unused since 2000.

    Can someone come up with a writing so we can all send emails and postals mails with this request.

    They need a mandate from the congress to do it, once in the past, during the clinton administration, they got the "GO" to use up unused visas.
    The current administration dosent want to do that, that is exactly why we need more awareness in the media and the congress.





    waitforgc1
    06-12 11:57 AM
    Ron Gotcher said something similar... they may be trying not take any more
    applications from 2000-2009 until they finish the backlog. That may be one of the
    reasons why they may have retrogressed to 2000. Just my 2 cents.





    docwa
    08-05 01:41 PM
    Yes, Its the same number, but at one of the prompts, you need to put a different number for LIN.



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