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Thursday, June 30, 2011

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  • gvenkat
    10-21 12:38 PM
    /* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */

    Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)





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  • nosightofgc
    08-10 02:06 PM
    Now a days we are seeing more threads related to spill over allocation interpretation etc, but I have not seen any single post by IV Core about this. I am from EB3 community and share the frustration among others.

    I see a lot of people suggesting to port from EB3 to EB2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.





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  • logiclife
    12-20 05:50 PM
    If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

    If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.


    Relax !

    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.

    Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?





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  • rockstart
    03-12 11:55 AM
    In theory you are right. But practically Very big corporations/companies have recently started a practice not to hire a person on EAD if I-140 is not clearly approved. Why? Lawyers advise them to do so. I have been hired by very prestigious company recently of course on EAD and first thing they wanted to make a check was on whether I have I-140 approved or not. Secondly they ask if I could submit 3 years audit report for "previous employer". That could make sense to me as it was a clear hint that they wanted to check whether I am coming from good financial based company or not... Why? The reason is that if that would not have been the case then there could be the chance of denying I-140 although it was approved. At least in my network of friends I am the third person who experienced this level of scrutiny before hiring on EAD. The reason is simple. They do not want to hire a guy who can not work at some time of the initial period due to I-140 related problems. So bottom line, I-140 approval is must nowadays for working in big corporations with EAD.


    I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving



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  • BharatPremi
    09-26 07:23 PM
    [QUOTE=BharatPremi;173398]Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]

    Yeah, and everyone is out there to get you.

    Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.

    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.





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  • Openarms
    08-11 03:20 PM
    As far I am concerned they are one of the organizations that injected this EB2 vs EB3 allocation... at that movement they might have their own reasons... but it might change now... We kinda know where IV stands on this...

    They do....

    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??



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  • milind70
    05-05 06:07 PM
    Hi friends,
    Please advise me on this situation.

    I am currently in US with L1B with Company A.
    Company B has already filed H1B petition for me.
    Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.

    Thanks.

    I dont see any reason why you cant continue of L1 , as u would require to apply for change of status for to be on H1 and is provided your L1 is valid beyond Oct. I think you need to file Form I 539 to change the noimmigrant status for eg if u need to go from H4 to H1 then u file this form.





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  • nomad
    07-17 12:58 AM
    IVers,
    I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com

    I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.

    thanks



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  • sbabunle
    01-09 05:04 PM
    This thread's been silent..whats going on fellas.... Are you guys finding out new forums, new websites to post....... We have to meet our 10K membership......





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  • andycool
    02-11 11:50 AM
    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.


    Check this link

    Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

    Point V and part 2

    the numbers come around 137000 ( which is 3000 ) Short of 140,000 ( I think the actual number will be 140,000 + Spill over FB Visas from 2008 If any )

    Thanks



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  • Googler
    04-23 06:32 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler





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  • alex99
    10-29 08:57 PM
    ^^^^^^^^^^^^



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  • fcres
    07-24 05:11 PM
    Should the EVL be the same as the one for labor? Even if the salary has changed now?





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  • delhirocks
    07-04 11:41 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. .

    Good post Ramba



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  • addsf345
    12-10 07:50 PM
    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.

    very good point. Such low-esteemed people will start blaming their parents for retrogression. Why they gave them birth in first place. If they wouldn't have been born, no retrogression. See its EZ!





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  • chanduv23
    11-11 05:58 PM
    Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.

    And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....


    .

    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments



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  • gcisadawg
    03-09 06:40 PM
    I am tired of words "Something is Cooking". All I care now is cooked food - whatever is cooking.

    u bet! :D





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  • nixstor
    07-02 10:56 PM
    This is because Rajiv Khanna and Murthy do not like each other and compete with each other. Murthy is on the board of AILA and Rajiv is not. So murthy will promote the lawsuit and rajiv will not.

    Competition is a good thing. How ever, your post sounded like they feud with each other no matter how much genuine the issue is. Why would any of them would like to be at the end of losing if they know for sure that the other is winning? Any sane mind will join the bandwagon, esp when their business interests are at stakes.

    Keeping it aside, I did not mean to dampen any one's spirits on filing a law suit. I had similar thoughts in my mind and it just happened to be similar to Rajiv Khanna's. I could be wrong in this case. I will be very happy if we come out in flying colors in this law suit. How ever my preference is to get more and more media/blog attention and try to get recapture/ability to file 485 based on the momentum we build because of this screw up by DOS & USCIS.





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  • sat0207
    04-27 09:23 AM
    Immigration Security Checks

    �How and Why the Process Works

    Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS)

    Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.





    BharatPremi
    04-07 04:32 PM
    Hi,
    I was going through the flatcenter PERM data for year 2004.

    In the Coulm Last_sig_Event, some of data rows have value

    'Received Regional Office'.

    Anyboay has an idea what does this mean?.

    Regards,
    Alex

    Yes, Once upon a time there was a zoo (When I was young and trapped into this zoo) with a name "labor processing". That zoo was divided in two trails. One trail of that labor zoo was called "State processing" and other was called "regional processing". Once the GC animal is waited long enough in "State processing" trail then it used to see the another trail "Regional Processing". There was no way to escape from the zoo via "State processing" trail. Once GC animal is entered into "Regional Processing" trail then again it had to wait a long and if got lucky at some day used to get a chance to escape from that zoo and go to the another zoo "I-140" processing with a mark "labor approved" embarked on the forehead of the animal. After many years, under the careful inspection of the authority of the zoo, it was found that there is a population surge in the stuck animals so zoo keeper decided to create a new zoo "Backlog centers"... And from then onwards you know the rest story...:)





    va_labor2002
    07-25 07:08 AM
    JCMenon,
    I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.

    We should definietly try this,even if the outcome may be failure !

    Good Luck.
    We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.

    We did try a lot with S1932, outcome zero.
    We did try a lot with CIR, outcome zero.

    When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.

    If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.

    Lets do an openion poll and decide how many are in favor of this.



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