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Friday, June 24, 2011

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  • saravanaraj.sathya
    08-08 02:27 PM

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  • mdforgc
    02-21 06:35 PM
    EB3 nepa, please do print out these links too and send to Sen Specters office David Heenans article Dr Richard Florid's site Book"Flight of the creative class"

    [1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at

    [2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at
    printThis.html?id=110007166. link supporting recapture of visas MN Gov Pawlnety's comment on legal immigration Intel Chairman calling for more H1Bs and Green cards report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.

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  • simple1
    06-18 06:40 PM
    you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?

    1. Address legal immigration first
    2. Illegals will have to stand behind the ones who came in this country legally.

    Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,

    We all need to have faith and work towards making IV and its goal attainable.

    I hope the same.

    I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.


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  • eilsoe
    10-03 01:31 PM
    neither do I...



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  • pappu
    01-24 11:47 AM
    If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.

    If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.

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  • ssnd03
    03-04 02:57 PM
    Finally some sanity on FBI Namecheck from the DHS head honcho Michael Chertoff. He is now saying things which everybody has been screaming for the last three four years. I have highlighted those. But it does take that long for wheels to turn even in the most liberal democracy.

    Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?

    Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time.

    The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.

    Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away.

    Now why did we do that -- because I got criticized, �Oh, you're sacrificing national security.� Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions.

    Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.



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  • vnsriv
    09-26 11:20 AM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.


    What is your ND?

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  • immiusa
    09-13 12:12 PM

    This is my opinion and I am not a lawyer.

    I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.

    Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.


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  • canleo98
    08-09 02:40 PM
    My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.

    Here it is

    Q #17 in

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

    And here is what OH says in his breaking news for July 24th after this memo

    0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

    Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.

    You should ask your lawyer to get an amendment. I read here yday somebody doing that.

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  • Dipika
    12-03 11:43 AM
    I have...
    Frist stamp from INDIA (home country),
    2 Visa Stamps from Washington DC
    Last stamping from Matamoros (Mexico)
    Am i ELIGIBLE to get H1 visa stamp from Tijuana next year?

    Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.


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  • ashmeetk
    07-12 03:21 PM
    says you are exempt from cap if you held H1B status anytime in the last 6 year

    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?

    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help

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  • tnite
    08-09 10:45 PM
    Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

    Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

    Yes marriage is another option, but only 50% is in my hand for this option.

    Please please guys, get me some way out of this situation.

    Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

    The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.


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  • joydiptac
    11-18 05:52 PM
    Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.


    Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.

    Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.

    All the best,


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  • Almond
    06-17 09:57 PM
    I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

    It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...

    Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.


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  • chtting2me
    06-28 08:38 PM
    Is it worth to file premium processing on friday?

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  • tnite
    08-10 09:02 AM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm




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  • akred
    07-07 12:57 PM
    Rated 5 stars.

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  • snathan
    02-09 11:09 PM
    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)

    do you think they will?

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  • immi2006
    05-24 10:17 AM
    Does not matter how many points, can u be one of the 6300 ?

    The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.

    03-31 08:37 AM
    Im on my 8th year on H1. still stuck in Labor :(

    My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!

    08-05 11:05 AM

    How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?

    I do not want USCIS to send ant document to my ex-lawyer anymore.

    Thanks so much

    PD march 2003
    RD - august 2003
    I-485 pending

    Yes, you need to send another G-28 with a cover letter and a copy of your receipt notice.

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