Sunday, June 19, 2011

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  • battineni
    08-12 09:47 AM
    How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??

    not even 2002, it's just 01Jan2002, means only 2001.

    EB2 person who applied for greencard in 2006 getting the GC wth the person who applied in EB2 - 2006.

    This gap between EB2 and EB3 is keep on increasing....

    EB2 move is in Months....EB3 move not even in Days...

    I'm not against EB2... but just comparing.:(





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  • chanduv23
    12-26 04:02 PM
    Dubai - no issues without valid stamp

    Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments

    Amsterdam/Schiphol - No issue without valid stamp

    London - ?????

    Seoul - ?????

    Singapore - ??????

    Bangkok - ?????

    Kuwait - ?????

    Zurich -- ????

    Geneva -- ???





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  • dummgelauft
    05-29 10:25 AM
    I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
    I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
    I hate it when people cry and feel like they are being persecuted when asked to follow the law.

    Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
    If you are using EAD, even better, carry the darned EAD card in your pocket...
    I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
    I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.

    The Mexican border needs to be handed over to the US army or the National Guard.





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  • meimmi
    03-10 04:25 PM
    Yes, for e-file you need to send the supporting docs by mail. In my case, I sent the copy of I-485 ASC biometrics notice which has mention of the receipt # and A # as proof of my AOS pending, copy of I-94, copy of the e-filing confirmation (Printout). You do not need to send photo as that will be taken during fingerprinting. The separate fingerprint is needed for e-file only. They take print of 1 finger. If you send your EAD papers with I-485, the 485 fingerprnt covers all I think. I do not think we need to go for fingerprint again for EAD renewal, though with USCIS that may be possible. ;)



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  • yetanotherguyinline
    05-15 03:00 PM
    If you are considering MBA please do these things before you decide.

    1. Be absolutely sure why you want a MBA (have a specific reason like I want to move into ABC career or I want to do XYA in X years). Research the programs available and pick a program that suits your goals.

    2. Talk to spectrum of people who have either achieved or on a patch to achieving ABC or XYZ you have identified in the above step. Find out how MBA helped them achieve their goals. Talk to people who have just finished MBA or in class right now along with people who have done MBA 10 years ago.

    MBA is not just a degree, its much more than that. Depending on the program you get into, the brand and the networks can add far more value than what just a degree could have.

    Disclaimer: I am enrolled in MBA program at Haas (University of California, Berkeley). So my views might be biased.





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  • qesehmk
    02-08 08:24 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.

    I am tempted to think the same way ... although I am not sure.

    By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.



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  • WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?





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  • thomachan72
    07-29 02:50 PM
    Great post.

    Thanks abracadabra for agreeing to the point. It is really funny isn't it, when you notice people fighting over God's? Just the thought of fighting to support your God shows that you really dont belive in his/her strength or you dont really know what God is!! If thats the case, how would that power qualify to be GOD?? Whether it is in Inda/pakisthan/middle east/africa, wherever people fight to save their God/gods are just fighting to avoid confronting their own insecurity:-) What is the difference between me getting insulted on seeing Ganeshas picture on a beer bottle or Jesus's picture on the toilet seat and a circle with two dots as eyes on a person's BUTT, which he claims to represent ME (thomas)? Ofcourse I know that the circle with 2 dotts on his BUTT doesn't represent me so is the same about Ganesha / Jesus. Who has seen these folks?? The big truth is NOBODY!! EVER!! Imagine how would I look if I stood around crying like a baby, when the guy walks around with his BUTT exposed showing the circle with two dotts claiming that it acurately represents me?? Ganesha, Jesus, Allah and Krishna are all laughing. Laughing not at the person who shows off as insulting them, but actually (ironically) at us who stand around crying about that. Belive me this is true!! we had a conference call last night and all three of them were laughing :D:D:D



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  • gc28262
    04-11 02:07 PM
    And you inferred this from EB3 Mexico becoming Unavailable in month of May.

    This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.

    As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).





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  • rpuja
    07-28 04:08 PM
    please let me know how to close the thread. I do not want divide IV.



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  • pappu
    07-23 03:06 PM
    Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.





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  • hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.



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  • LONGGCQUE
    06-10 03:59 PM
    Just sent it Nebraska Senators





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  • kaisersose
    03-19 11:21 AM
    If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.

    He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.



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  • lazycis
    12-20 08:54 PM
    I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.

    That's just another proof. A person who accumulated more than 180 days of unlawful presence is inadmissible into the US (at least for 3 years).





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  • nlssubbu
    09-24 01:59 PM
    Hi,
    Appreciate ur quick response.
    so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.

    It will be much better if this is done in India by your relatives, get it notorized. They can scan it and send it as an attachement through e-mail, which you can print it over here.

    This will be much quicker rather than trying to find someone authorized to do this translation over here.



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  • pappu
    02-03 10:01 AM
    Guys,
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...

    Hello Mirage,
    could you please update your profile dates so that it can help everyone in IV tracker. Thanks.

    While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.

    So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.

    We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.





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  • bestin
    12-21 08:33 PM
    Hi,
    My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
    AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.





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  • ksvreg
    06-30 10:55 PM
    Can I handover my I-485 application personally on Monday at Nebraska?





    mhb
    07-03 03:57 PM
    monthly contributin of $ 50 thru paypal





    nat23
    06-12 03:01 PM
    I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.

    People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.



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