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Saturday, July 2, 2011

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  • Ramba
    08-22 12:04 PM
    The law comes actually down to the following two rules:
    (1) horizontal spill if visas available
    (2) vertical spill for visas not required

    The language in (2) is much stronger. A visa number that is still available cannot be required at the same time. So one could argue that DOS is now misinterpreting the law.


    Everyone wants to interpret the law as per their wish. It is nature. However, there is a unbiased place to find the solution for right interpretation. That is called court. Discussing, how DOS/USCIS should interpret the (INA) law in this forum will not yield any result. Even if you contat DOS/USCIS, they will simply say "this is what we understand the law, we have no rights to change the law". Flower or letter campain will not work. If you feel the interpretation is wrong, the only solution is court.

    My recomendation is simple. To end retorgression in EB3, it just need more the number of visa. Current INA will not help EB3, and so DOS/USCIS. Only law makers can help to change the situation, by adding appropirate provisions in INA to create more numbers in EB3. Contact law makers. This is the good way of spending your effort. USCIS/DOS does not have enough power to change the law.





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  • belmontboy
    04-01 11:19 AM
    not to hijack the conversation - but at some point, IV needs to distinguish between a donor, a contributor and a freeloader.

    e.g. donors get access to all threads, contributors specific threads for which they have contributed and freeloaders general threads only. i guess that means setting up contributions at the thread level - not sure if thats possible right now.

    Right. I have been a proponent of making "ask lawyer" section paid service (ex: 5$ per question). This generates additional revenue for IV. People normally spend 200$/hr to talk to lawyers anyway.





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  • niklshah
    08-20 12:14 PM
    one question?? does it need high speed cable or DSL can work too???





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  • pitha
    09-24 07:40 PM
    To Add to what you have said, I would say getting EB2 approval is almost impossible because not only is DOL cracking down on EB2 perms because of bad economy, DOL also knows that people are trying to reapply in Eb2 to jump ahead and they are stopping that practise.

    The following information is asked in the first field of ETA form 9089.

    "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:"

    With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.


    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.



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  • deba
    01-24 12:49 PM
    Travelling via London Gatwick and Dubai to India and back. No airport change required during transit. Using AP, visa expired. I have a valid Canada PR card.
    According to UK embassy US GC and Canada PR card holders do not need transit for direct airside transit. Does anyone have any experience in this situation? Please post. Thanks





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  • keshtwo
    07-13 01:51 PM
    Jeez,

    This guy has moved from an anti H1 visa platform to an anti-India platform. This is bordering on racism. And no one saying anything. Wonder what all this is leading to.

    People must remember that all of them are immigrants or descendants of immigrants.



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  • rstp99
    01-10 11:28 AM
    Sec 503 of Marc Spector's Immigration reform bill gives 25% of all EB visas and unused visas to un-skilled workers.
    This shall hit all EB category visas hard and might cause more retrogression
    We should not support Sec 503 of this bill.





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  • makemygc
    01-26 02:41 PM
    "Well Established Visa Requirement"....are you kidding me? It's not only about the visa requirement but the treatment that you get from those morons at their airport. Read the heathrow experience which people have posted and we are not making this up.

    Tell me this...You are going to your home country via london where your plane is only going to land and probably refuel and you can easily be asked to remain in a cordonned area where you cannot go out of the country. How in the heck can you think that person is going to step outside of the airport and sneak into their country. Don't you think that asking for transit visa from the passengers of the plane which is only going to touch that sacred land to just too much. Ok...we don't mind that...but atleast be courteous. What is the reason can you think of another stupid security checks plus asking passengers to stuff their personal hand bag in their cabin baggage where clearly this is allowed for the passengers.

    This does not make any sense unless you reason out that with other possible reasons like race, color etc etc.



    It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.

    The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.

    The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.

    It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.



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  • jasmin45
    07-13 07:24 AM
    The whole controversy involving Lou Dobbs and leprosy started with a “60 Minutes” segment a few weeks ago.
    http://www.nytimes.com/2007/05/30/business/30leonside.html

    Robert Caplin for The New York Times
    Lou Dobbs was at the anchor desk for CNN’s 2006 election coverage.

    Related Articles
    Immigrants and Prison (May 30, 2007)
    Bush Takes On Conservatives Over Immigration (May 30, 2007)
    Reader Responses (May 30, 2007)

    Episodes of "Lou Dobbs Tonight"

    "60 Minutes" of May 6, 2007 Leprosy Statistics The segment was a profile of Mr. Dobbs, and while doing background research for it, a “60 Minutes” producer came across a 2005 news report from Mr. Dobbs’s CNN program on contagious diseases. In the report, one of Mr. Dobbs’s correspondents said there had been 7,000 cases of leprosy in this country over the previous three years, far more than in the past.

    When Lesley Stahl of “60 Minutes” sat down to interview Mr. Dobbs on camera, she mentioned the report and told him that there didn’t seem to be much evidence for it.

    “Well, I can tell you this,” he replied. “If we reported it, it’s a fact.”

    With that Orwellian chestnut, Mr. Dobbs escalated the leprosy dispute into a full-scale media brouhaha. The next night, back on his own program, the same CNN correspondent who had done the earlier report, Christine Romans, repeated the 7,000 number, and Mr. Dobbs added that, if anything, it was probably an underestimate. A week later, the Southern Poverty Law Center — the civil rights group that has long been critical of Mr. Dobbs — took out advertisements in The New York Times and USA Today demanding that CNN run a correction.

    Finally, Mr. Dobbs played host to two top officials from the law center on his program, “Lou Dobbs Tonight,” where he called their accusations outrageous and they called him wrong, unfair and “one of the most popular people on the white supremacist Web sites.”

    We’ll get to the merits of the charges and countercharges shortly, but first it’s worth considering why, beyond entertainment value, all this matters. Over the last few years, Lou Dobbs has transformed himself into arguably this country’s foremost populist. It’s an odd role, given that he spent the 1980s and ’90s buttering up chief executives on CNN, but he’s now playing it very successfully. He has become a voice for the real economic anxiety felt by many Americans.

    The audience for his program has grown 72 percent since 2003, and CBS — yes, the same network that broadcasts “60 Minutes” — just hired him as a commentator on “The Early Show.” Many elites, as Mr. Dobbs likes to call them, despise him, but others see him as a hero. His latest book, “War on the Middle Class,” was a best seller and received a sympathetic review in this newspaper. Mario Cuomo has said Mr. Dobbs is “addicted to economic truth.”

    Mr. Dobbs argues that the middle class has many enemies: corporate lobbyists, greedy executives, wimpy journalists, corrupt politicians. But none play a bigger role than illegal immigrants. As he sees it, they are stealing our jobs, depressing our wages and even endangering our lives.

    That’s where leprosy comes in.

    “The invasion of illegal aliens is threatening the health of many Americans,” Mr. Dobbs said on his April 14, 2005, program. From there, he introduced his original report that mentioned leprosy, the flesh-destroying disease — technically known as Hansen’s disease — that has inspired fear for centuries.

    According to a woman CNN identified as a medical lawyer named Dr. Madeleine Cosman, leprosy was on the march. As Ms. Romans, the CNN correspondent, relayed: “There were about 900 cases of leprosy for 40 years. There have been 7,000 in the past three years.”

    “Incredible,” Mr. Dobbs replied.

    Mr. Dobbs and Ms. Romans engaged in a nearly identical conversation a few weeks ago, when he was defending himself the night after the “60 Minutes” segment. “Suddenly, in the past three years, America has more than 7,000 cases of leprosy,” she said, again attributing the number to Ms. Cosman.

    To sort through all this, I called James L. Krahenbuhl, the director of the National Hansen’s Disease Program, an arm of the federal government. Leprosy in the United States is indeed largely a disease of immigrants who have come from Asia and Latin America. And the official leprosy statistics do show about 7,000 diagnosed cases — but that’s over the last 30 years, not the last three.

    The peak year was 1983, when there were 456 cases. After that, reported cases dropped steadily, falling to just 76 in 2000. Last year, there were 137.

    “It is not a public health problem — that’s the bottom line,” Mr. Krahenbuhl told me. “You’ve got a country of 300 million people. This is not something for the public to get alarmed about.” Much about the disease remains unknown, but researchers think people get it through prolonged close contact with someone who already has it.

    What about the increase over the last six years, to 137 cases from 76? Is that significant?

    “No,” Mr. Krahenbuhl said. It could be a statistical fluctuation, or it could be a result of better data collection in recent years. In any event, the 137 reported cases last year were fewer than in any year from 1975 to 1996.

    So Mr. Dobbs was flat-out wrong. And when I spoke to him yesterday, he admitted as much, sort of. I read him Ms. Romans’s comment — the one with the word “suddenly” in it — and he replied, “I think that is wrong.” He then went on to say that as far as he was concerned, he had corrected the mistake by later broadcasting another report, on the same night as his on-air confrontation with the Southern Poverty Law Center officials. This report mentioned that leprosy had peaked in 1983.

    Of course, he has never acknowledged on the air that his program presented false information twice. Instead, he lambasted the officials from the law center for saying he had. Even yesterday, he spent much of our conversation emphasizing that there really were 7,000 cases in the leprosy registry, the government’s 30-year database. Mr. Dobbs is trying to have it both ways.

    I have been somewhat taken aback about how shameless he has been during the whole dispute, so I spent some time reading transcripts from old episodes of “Lou Dobbs Tonight.” The way he handled leprosy, it turns out, is not all that unusual.

    For one thing, Mr. Dobbs has a somewhat flexible relationship with reality. He has said, for example, that one-third of the inmates in the federal prison system are illegal immigrants. That’s wrong, too. According to the Justice Department, 6 percent of prisoners in this country are noncitizens (compared with 7 percent of the population). For a variety of reasons, the crime rate is actually lower among immigrants than natives.

    Second, Mr. Dobbs really does give airtime to white supremacy sympathizers. Ms. Cosman, who is now deceased, was a lawyer and Renaissance studies scholar, never a medical doctor or a leprosy expert. She gave speeches in which she said that Mexican immigrants had a habit of molesting children. Back in their home villages, she would explain, rape was not as serious a crime as cow stealing. The Southern Poverty Law Center keeps a list of other such guests from “Lou Dobbs Tonight.”

    Finally, Mr. Dobbs is fond of darkly hinting that this country is under attack. He suggested last week that the new immigration bill in Congress could be the first step toward a new nation — a “North American union” — that combines the United States, Canada and Mexico. On other occasions, his program has described a supposed Mexican plot to reclaim the Southwest. In one such report, one of his correspondents referred to a Utah visit by Vicente Fox, then Mexico’s president, as a “Mexican military incursion.”

    When I asked Mr. Dobbs about this yesterday, he said, “You’ve raised this to a level that frankly I find offensive.”

    The most common complaint about him, at least from other journalists, is that his program combines factual reporting with editorializing. But I think this misses the point. Americans, as a rule, are smart enough to handle a program that mixes opinion and facts. The problem with Mr. Dobbs is that he mixes opinion and untruths. He is the heir to the nativist tradition that has long used fiction and conspiracy theories as a weapon against the Irish, the Italians, the Chinese, the Jews and, now, the Mexicans.

    There is no denying that this country’s immigration system is broken. But it defies belief — and a whole lot of economic research — to suggest that the problems of the middle class stem from illegal immigrants. Those immigrants, remember, are largely non-English speakers without a high school diploma. They have probably hurt the wages of native-born high school dropouts and made everyone else better off.

    More to the point, if Mr. Dobbs’s arguments were really so good, don’t you think he would be able to stick to the facts? And if CNN were serious about being “the most trusted name in news,” as it claims to be, don’t you think it would be big enough to issue an actual correction?





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  • delhiguy79
    03-05 09:31 AM
    Hi guys,

    I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.

    Thanks in advance.



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  • Das73
    05-09 11:57 AM
    You should be able to file I-140 after your LC got cleared.

    EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].

    May be your lawyer is busy & thinking about some other case. Remind him about your priority date !

    ================================================== ======
    Hi
    My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?

    Any help in answering my question is appreciated.


    Thanks in advance.
    ================================================== ======





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  • GC_newbee
    11-06 10:06 PM
    how do i check if my name is stuck in fbi namecheck or cleared? Just callin USCIS will provide the info or is there anythin to be done.

    I had applied for 485 on July 2 nd.



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  • Hassan11
    05-24 08:22 AM
    Can somebody please answer my previous question?? Thanks


    [QUOTE=Hassan11]I have a question regarding the I-693 Medical exam. it was mentioned that you will need to take a vaccine for MMR, Varicella, Tetanus and Hapatitis B. it was also mentioned that they will do a tb test and a blood test for HIV and syphilis. are these all the vaccinations and blood tests required or are there aother blood test required in addition to these??

    please advise. Thanks





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  • immi2006
    07-11 10:33 AM
    Guys,

    This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.

    What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
    Sending it to local senators ?.

    What dou think ?



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  • nmdial
    09-24 12:06 PM
    The link is still there: (if you meant the pending list)
    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf





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  • Prashant
    09-10 11:38 AM
    Some one gave me a red for calling.


    Called

    Tammy Baldwin (D-Wis.) 202- 225-2906 - Supports the bill
    Howard L. Berman (D-Calif.) 202-225-4695 - took the message
    Rick Boucher (D-Va.) 202-225-3861 - took the message
    Chris Cannon (R-Utah)202- 225-7751 - took the message
    Steve Chabot (R-Ohio) 202-225-2216 - took the message
    Steve Cohen (D-Tenn.)202- 225-3265 - took the message

    and calling others as well. Please stand up for this cause



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  • desi485
    12-01 02:50 PM
    bump

    Friends, we need more letters: please do this ASAP if you haven't done this already. Thanks!





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  • akela_topchi
    08-07 12:02 PM
    I think he can just talk the talk.. it takes backbone to walk the walk.

    These people are causing fissures in the community for their petty self-interests... just by plain talk.. It took years to build it.. and we see some hope because of what IV has achieved and things that are in pipeline.

    At this critical juncture, if people are causing rift in the community and trying to sabotage our campaigns then such people need to be challenged.

    if we are united we can achieve a lot!
    United we succeed and divided we fail!!


    Dude,

    Looks like Rolling_Flood has not yet voted on this poll. I thought he will be the first Yes for this poll.

    Are you guys planning to file separate lawsuits?





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  • pappu
    01-08 09:43 AM
    The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.

    It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible.. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.





    SanjayP
    05-09 03:21 PM
    Now that is interesting. I have never met any dishonest Japanese. It is like it is not in their culture to be dishonest but that is my experience. The most dishonest thing i have seen Japanese do is that they have hard time saying the word No. That can leave one with the impression of that they still are interested. Su you think they are leading on you and think it is dishonest.





    ag11
    09-11 08:44 PM
    I think it is the part of their process. I went an infopass the other morning and the IO gave me the same response. She said every thing was fine with my application. It was pre-adjudicated and now waiting for a review now that my priority date is current. She asked me to wait for 60-90 days. But I got the approval same afternoon :)

    I was told the same thing in my infopass appointment on Sep 3rd. I also opened a SR on 09/01. Finally received the 485 approval notice on 09/10. My wife who is my dependent actually received a CPO email on 09/09 and a message on 09/10 saying "you are registered as permanent resident". I never received the CPO email and I don't care.

    It's been a long 10 year journey, extremely frustrating. I case to this country as a student, then H1B, was exploited by my employers for so many years, still with the same employer on H1. Renewed EAD 2 times never used it as my 485 was denied last year.

    Case history:
    Priority date: Apr 26, 2006
    140 rejected: Dec 2008.
    I-140 reapplied Jan 2008
    I-485- receipt date: 09/11/2007
    I-140 approved Aug 2008 (Multiple RFEs which were never ending)
    I-485 denied without appeal Jul 2009 because they somehow linked my case to a denied I-140.
    Lawyer filed motion to reopen in Aug 2009.
    I-485 reopened and went into pending status Jun 5, 2010

    Here's what I did since the last month:
    - Called USCIS to open a SR 08/15/10 but was told I should call when my priority date becomes current
    - Called USCIS on 09/01, opened a SR for both myself and wife, was told I should hear back in 30-60 days, but may receive an email sooner.
    - Lawyer called on 09/02: IO (Level 2) said, I may have to do finger printing again as they were expired.
    - Took infopass for 09/03: IO was very helpful. Said my case was in transit and is pre-adjudicated. It was not assigned to IO as of that point.
    - Contacted Congressman on 09/07. They initiated an inquiry on my behalf.
    - Took another infopass on 09/10 (I wasn't aware that petition was already approved). Received the most humiliating treatment from the IO. She will not disclose any detail and told me I should come back in Dec to check on my status since my 485 was denied earlier. I ran into a Canadian immigrant who had the same experience - absolutely useless.

    - Came home all frustrated and angry. I was surprised the see that the approval emails had popped in 8 am in the morning.

    I believe the SR to request our files on 09/01 probably worked.

    I can't thank enough the IV core and all wonderful people who keep contributing to this forum. This forum has been a great help!

    Good luck to everyone who is waiting and hope you see the green soon.



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