Monday, June 13, 2011

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  • ingegarcia
    04-03 08:46 AM
    Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....


    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks




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  • raydon
    09-17 09:50 AM
    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?

    Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.




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  • forever_waiting
    01-06 02:21 PM
    It has happened several times in the past when a members thought a certain bill had a lot of scope...then started advocating on the forums for IV to take up the cause and start lobbying for it...and if it didnt work out or no one showed interest, IV core team ended up receiving brickbats that they never put in the neccessary efforts. This is just a fact.
    The advocacy and lobbying for any bill doesnt follow the "top-down" but the "bottom-up" approach. IV can coordnate lobbying and advocacy at the national level but requires our members across the country to meet with their lawmakers to get specific responses on whether they will support that bill.
    IV usually lobbies or works on bills that seem to have some traction in Congress. If members are very sure that there are other bills that should be focussed on - they should gather together the numbers (i.e. members who think this will help), meet with lawmakers in their districts - try to find co-sponsors for the bills. Then, if truly a momentum exists - the IV core team can step in and help with additional lobbying.
    I have met 3 congressmen in my area - one is an anti-immig and the other two fully support EB legislation but at this point are judging the climate in the new Congress.

    As another member stated IV is "me and you". And the bottomline is asking IV to take up a cause is not the right approach. Advocacy and the momentum has to be started by the members.




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  • srikondoji
    01-28 04:38 PM
    I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
    Who thought India would be in such a limelight and then go on to be economic power before year 2000?
    In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.

    Just be positive and drink a high gravity beer.



    Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:

    In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?



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  • kak1978
    08-04 04:46 PM
    gchopes,
    We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.

    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---




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  • doceb2
    04-13 06:20 PM
    i also need the answet to this question , how should one respond if somebody gets rfe with different job



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  • ashkam
    08-07 09:57 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees




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  • dval_dpal
    12-27 02:21 PM
    hello guys...

    i'm about to spend 180k to open a business in month or so....am i eligible for this?

    thank you for your inputs..



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  • andy garcia
    08-23 02:57 PM
    How many visas are there for India in a year in EB3, EB2 and EB1?


    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html




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  • arihant
    10-26 10:43 AM
    last year i applied for H1 transfer in the midweek of Oct-05 and got the approval on mid week of Feb-06. :cool:

    Thanks Masti for your response.

    Anybody else have any experiences from this year?

    Thanks.



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  • chi_shark
    07-07 11:00 AM
    as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...

    as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...

    as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris




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  • morchu
    08-01 12:12 AM
    Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.

    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.



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  • sobers
    04-07 08:33 PM
    Folks, I know you all are probably as deeply disappointed with the stalling of the Senate Immigration Bill as I am. But I guess i'm getting used to it now:mad: - had similar experience after S. 1932 relief was stripped out in December.

    But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.

    As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
    Whether we like it or not, this is the hard truth.

    The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.

    The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.

    Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.

    Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.




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  • PD_Dec2002
    08-05 11:04 PM
    I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi

    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant



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  • ravi.shah
    01-06 01:33 PM
    As always, lets hope that some or the other bill materializes and provides much needed relief to those waiting in line :)




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  • Berkeleybee
    05-17 01:22 PM
    BerkeleyBee,
    Thanks for opening a seperate thread for this.

    Looking at the proceedings for the last 2 days i feel those opposed to immigration r using the delaying tactic to somwhow push out and kill the bill. It also looks like some form of the bill will come out eventually.
    There are enough provisions in the bill which will have a significant effect on retrogression when it becomes a law.

    As the bill progresses in the senate and in the conference, they may push out the effective date ( for the bill to become a law) to get the house aboard.

    I wonder if we can ask for some non controversial portions of the bill such as capturing unused VISA numbers (they must be 90K) to become law immediatly. This will ease retrogression significantly as there will be no country limits for those numbers.

    Can we ask any Senator to bring such an amendment.
    (remember those who r here illegally and who need to wait for 8 years to apply for G.C can wait an year more. Need i say about those stuck in the Employment based categories.)

    --MC

    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee



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  • anurakt
    01-20 10:27 AM
    I have no answer for this, I guess someone in this forum who is a US graduate can help us.




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  • samrat_bhargava_vihari
    06-25 03:42 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?
    Some people did same mistake for June buliten they filed in may and still they didn't get their applications back. Check with some good lawyer and file once again in first week of July. If you don't send them back by EOM and if dates get retrogress you will be in serious problem.

    http://immigrationvoice.org/forum/showpost.php?p=86794&postcount=25

    Check with shailesh what he did.




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  • hydboy77
    10-07 06:19 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."




    ramakrishna_ram
    06-14 01:48 PM
    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna




    Beta_mle
    02-19 09:04 PM
    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.



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