Friday, June 17, 2011

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  • sdrblr
    08-21 11:32 AM
    I just want to add that "Ignorance of a law is not an excuse" and no court or USCIS will buy that argument.





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  • boreal
    07-13 01:56 PM
    I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
    However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.

    I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.





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  • paskal
    01-27 01:54 PM
    alisa

    i hope that country caps are removed
    i also hope it's not at your expense :-)
    i don't see why people think these things are mutually exclusive
    we all want the best to happen- for ourselves- and as much as we can help it
    for everyone else too!!
    great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
    i do suggest that the final summary should show 3 examples

    China EB2 and EB3
    India EB2 and EB3
    ROW EB3

    this way everyone affected sees something about themselves





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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351



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  • capriol
    04-25 10:55 AM
    Dear Googler and others:
    Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.





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  • delhiguy
    07-09 08:39 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...

    That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..



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  • 2114
    02-21 10:25 AM
    Hi,

    I have no news for over 15 months on my FBI security check due to which my 485 approval is delayed.

    There is no way to find what�s happening � earlier there use to be an email for FBI to find status but they stopped responding since past 15 months during which I have written to them 10 times but no reply.

    I have applied for 4th EAD and AP � each time to apply it costs us $600+time+uncertainty and we have to reapply every 9 months to be safe � this process is not just costing money but also impact work, personal decision and progress.

    I have written to my senator no help and also tried to find from USCIS about name-check no luck.

    My green-card process has taken over 4.5 yrs now and it� still a black-hole.

    The minimal help they can provide us is by having a system to check name-check status and expected date of decision.

    Thank you.





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  • thehulkdeals
    08-16 01:00 PM
    EB3 for ROW has retrogressed quite a bit and this could actually be a great opportunity to beef up the DC rally with people from the rest of the world. It would be much better to have legal immigrants from all over the world protesting instead of just Indians and some Chinese. Core group, time to look in that direction since we only have a month before the rally? I expect there to be a lot of Europeans and Aussies on the East Coast on EB-3.

    I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.

    My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.

    Thanks



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  • arunmohan
    07-02 12:37 PM
    I will give my full support. Even I will ask my all colleague and my boss to sign it.





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  • pmb76
    03-15 08:28 PM
    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !



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  • justAnotherFile
    07-24 01:28 PM
    no offense meant..

    .. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)

    I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.





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  • sweet_jungle
    03-12 01:08 PM
    I am a july 2nd filer and have changed job 2 times in the past one month and I have no intention to let know USCIS because

    a) There is no mandatory law that states that we should do it.
    b) I personally feel that sending AC21 documents will trigger an RFE for sure,(in the other case, there are chances that u may not get this).
    c) Lawyer is asking for $1500 for doing nothing on this.
    d) I am prepared to deal with the RFE if it comes thru.

    All of the above I did for changing my 7 year old employer who exactly knew that I cannot change job and kept me in the same position for 7 years even though I was exemplary in my job performance.

    What about the H1? Your sponsoring employer needs to revoke H1. Won't INS come to know through that?



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  • gc_bucs
    02-18 04:33 PM
    Not sure where you read that H1B would be eliminated totally. It does mention Elimination of H-1B Classification for Fashion Models

    Below is the text

    TITLE VII--EMPLOYMENT-BASED IMMIGRATIONCommentsClose CommentsPermalink


    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.
    Section 274B (8 U.S.C. 1324b) is amended--CommentsClose CommentsPermalink



    (1) in subsection (a)(5)--CommentsClose CommentsPermalink



    (A) by amending the paragraph heading to read �Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment�;CommentsClose CommentsPermalink



    (B) by moving the text down and to the right 2 ems;CommentsClose CommentsPermalink



    (C) by inserting before such text the following: �(A) IN GENERAL- �; andCommentsClose CommentsPermalink



    (D) by adding at the end the following:CommentsClose CommentsPermalink



    �(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual�s immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.CommentsClose CommentsPermalink



    �(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual�s immigration status.�; andCommentsClose CommentsPermalink



    (2) in subsection (c)(2), by adding at the end the following: �The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term �Special Counsel� includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.�.CommentsClose CommentsPermalink




    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.
    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary�s recommendations based on the study.CommentsClose CommentsPermalink




    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.
    Section 214 is amended--CommentsClose CommentsPermalink



    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; andCommentsClose CommentsPermalink



    (2) by adding at the end the following:CommentsClose CommentsPermalink



    �(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:CommentsClose CommentsPermalink



    �(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.CommentsClose CommentsPermalink



    �(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.CommentsClose CommentsPermalink



    �(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.CommentsClose CommentsPermalink



    �(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.CommentsClose CommentsPermalink



    �(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an �Office to Preserve American Jobs� within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.�.CommentsClose CommentsPermalink

    SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
    (a) Elimination of H-1B Classification for Fashion Models- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended--CommentsClose CommentsPermalink



    (1) by striking �or as a fashion model�; andCommentsClose CommentsPermalink



    (2) by striking �or, in the case of a fashion model, is of distinguished merit and ability�.CommentsClose CommentsPermalink



    (b) New Classification- Section 101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--CommentsClose CommentsPermalink



    (1) in clause (iii), by striking �clause (i) or (ii)� and inserting �clause (i), (ii), or (iii)� and by redesignating clause (iii) as clause (iv); andCommentsClose CommentsPermalink



    (2) by inserting after clause (ii) the following new clause:CommentsClose CommentsPermalink



    �(iii) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or�.CommentsClose CommentsPermalink



    (c) Effective Date and Implementation-CommentsClose CommentsPermalink




    http://www.opencongress.org/bill/111-h264/show

    This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.

    Please add your views about this bill.

    Also, is there a IL chapter for IV?





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  • Indirant
    01-27 12:20 PM
    Hi varsha,
    I think sanjay or Rajeev was suppose to work with Ajay in metropark
    Sekar



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  • eilsoe
    02-23 02:19 PM
    well, people seems to have forgotten about this battle...





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  • let007live4ever
    03-07 08:44 AM
    Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?
    Thanx

    Murthy charges $750 if you are existing client. Not sure how much they will charge, if you hire them just for that.



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  • rimagupta
    07-05 03:26 AM
    Not sure if our assumption of "only 100k already applied" is correct. In 2005, there were approximately 250,000 EB green cards granted - the numbers are close to 147,000 for both 2006 and 2007. I'm not exactly sure, but there were at least 200,000 more EB approvals from 2002-2004.

    There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?

    In addition, many 2001+applications are still stuck at namecheck.

    Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.


    Source:

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm
    others: various law firm sites, including

    www.ilw.com
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument

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

    Estimated new 485 filings. : 700K is conservative. May be wrong too.

    LC s certified from BEC: about 200K (from 2001 to 2005 filings)
    PERM Certifed labor: About 200K (from Mar 2005 to June 2007)

    Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.

    The dependents for 300k will be 450K (1.5 times primary)

    So total AOS applicants will be 750K just based on LC. Excluding EB1.

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





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  • vandanaverdia
    09-11 12:45 PM
    This aint my fight... This aint your fight..
    THIS IS OUR FIGHT!!!
    We need to come together & let our voices be heard!!!
    Come to DC...
    There is very little time & lots to achieve...

    There are miles to go before I sleep.....





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  • bigboy007
    06-11 10:24 AM
    I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
    I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
    Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
    You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.

    There are always two sides of coin and so is the half glass full, a half glass empty.
    Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.

    Bhattji
    Well I leave that anology up for discussion. But for sure I see lawmakers in the current election year wouldnt be thinking all those as they were years earlier. if this amendment was tied to any jobs bill or BP oil spill bill etc... then for sure many lawmakers wont be reading through as we are doing here.

    For canadian immigration stuff I lived there for a while and I know how that economy operates. its certainly low market than that of US many jobs (IT) etc are very low paying and jobs are scarce for experienced but if one has one they are good. That statement is made in context of "Moving" to immigration friendly countries and start living there.





    uma001
    07-29 05:10 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.

    That's too bad.





    Alabaman
    10-20 10:04 AM
    Thanks gclabor07!

    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!

    Sweet... but he's going to loose... so what do you do??? Read my previous post.



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