Sunday, June 26, 2011

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  • ragz4u
    03-08 10:28 AM
    This is the right link. It is very clear today. Interesting discussion.

    Again, the link is http://www.capitolhearings.org/ then click on Dirksen 226 in the right frame




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  • bluemask
    05-10 02:46 PM
    Sent an email to PBEC a month ago asking about my case status. Got their response today. They assigned me a case number, which seems to be generated on the 157th day of 2005 (P-05157-54869 ). However, my lawyer hasn't received any 45-day letter. Can this be possible?

    My PD is April 2004. Filed from Delaware. Anybody knows a similar case?

    Below is the email reply from PBEC:
    -------------------
    Dear Requestor:

    The subject case P-05157-54869 has been received by the Philadelphia Backlog Elimination Center and is currently awaiting further review by a Backlog Elimination Center analyst. Due to the large volume of LC Applications currently being processed by the Backlog Elimination Center; we are unable to provide you with an exact processing time. If you need additional information, please visit the following Internet website:

    http://www.foreignlaborcert.doleta.gov/

    There is no need to submit multiple requests. If you have not already received one, the next notices that you will receive from this office will be a 45-Day Letter and a Selection of Continuation Option letter.

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




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  • test101
    07-24 04:40 PM
    Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.

    www.cgfns.org




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  • ajay
    03-17 10:29 PM
    Jayant,
    But again, the thing to know about this stimulus package/rebate is that this is not FREE money; it is merely an advance on your 2008 tax return. Remember that and think twice before you spend it foolishly. Better still, send it to IV, contribute to an IRA or fund your kid's 529 plan.
    What you said is not right according to the following IRS FAQ:
    Q. Will the payment I receive in 2008 reduce my 2008 refund or increase the amount I owe for 2008?

    A. No, the stimulus payment will not reduce your refund or increase the amount you owe when you file your 2008 return.
    Courtesy by the link:
    http://www.irs.gov/newsroom/article/0,,id=179181,00.html



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  • hpandey
    06-11 10:43 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    I agree with you buddy. At least USCIS has removed uncertainity from the visa bulletin which is in one way a good thing. Now at least no one would keep a thread open every month for next month's prediction.

    I still have a hope that anything can happen . Being pessimistic never helped anyone. Look what happened at the end of the 80's when all the illegals were given GC and how visa recapture happened in 2000. You never know what the future holds.




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  • skynet2500
    07-05 12:34 PM
    I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?



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  • sansas
    02-27 11:55 AM
    Dreaming on the April Visa Bulletin in the US

    How about placing a fast forward button and soon you will realized that the US Immigration DOS will issue a spectacular Visa Bulletin for April 2009. See the results of the said bulletin. The Employment base Visas will be current except China. So how did the USCIS allocate these number of Visas, for sure Obama had precedent a recapture except China.

    http://nursepod.com/blog/?p=168




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  • svbp007
    06-11 03:40 PM
    Nitinboston is right. He is not saying that we do not deserve it. Just saying that we should not behave that we are entitled to it. The Govt did not promise that one will get green card in X years...and broke that promise. Yes, the system is flawed and all sorts of people get ahead in line..and some get stuck.

    However, this crazy rants critizing the country where we want to settle down is a bit hypocritical. If you hate so much...please leave...its a choice.

    Once again, I am not saying we do not fight for improvement..and better quotas..better visa allocation (and more of them). But let us not behave like bad guests.

    I am personally suffering big time despite being in the country for 10 years..and will support initiatives. But I will not behave like as if I have been wronged. If one feels so wronged..please pack up and leave. If you think you have been cheated of your social security...by all means...please go to a country where you can earn more money and keep all that.

    Once all of us become citizens...we will then start wondering that our jobs are being taken away by new immigrants..and the cycle continues........



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  • sidbee
    08-13 06:30 PM
    If anybody thinks that he can file a lawsuit against EB3 to EB2 porting , and he will win , I am pretty sure he is wrong , He is just talking from his heart.

    EB3 is screwed, and we have nothing other than hope , Wait Wait Wait.

    There is no use for EB3 to be sad , and unhappy.Enjoy your days here and work here till you want to , if u have to leave US leave US.

    Que Sera Sera..


    I am not a lawyer and this doesn't constitute as a legal advice.




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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,



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  • rameshk75
    01-18 11:49 PM
    Check with your employer/attorney before going to the local office. They might have received your documents by now.




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  • JunRN
    08-11 01:09 PM
    Visa Screen is needed to adjust your status. It is always better to have your visa screen ready. USCIS will send an RFE for that. However, while AOS is pending, EAD can be issued.



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  • BharatPremi
    07-05 05:18 PM
    Can you please tell me the senators office you called so that I can call them too ..:) more calls the better

    In which state you are? Did you call your senators , if yes please put the name of state and senators name here..so I can match with my list and tell you that whether I called them or not.




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  • HV000
    07-21 09:04 AM
    Is there a chance that this Amendment can be introduced thru a different bill later this year???

    Important thing to Note here is that Sen.Durbin argued for safeguards for H1B Abuse. If Cornyn and Durbin can make some compromises, then this amendment might pass in the future!![/B]



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  • gk_2000
    08-23 10:12 PM
    Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.

    I have nothing to recommend to them as things are fine as they are. And there will be no recommendation coming from me to close any door at all, whether it be for EB2 or anyone else.
    You can go ahead and recommend against EB3 BSc BCom losers, as it is your business

    To shut down a program because of a few mis-users : I am sure you WONT agree to extend this logic to your precious EB2 application when someone points out how someone else misused it




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  • cellphone
    09-01 04:23 PM
    It will take another 9-10 years to get your GC if the system remains the same.
    Please upgrade to EB2

    thank you.....i have recently changed companies for that sole purpose and I just got the green light; so, I'll be going thru PERM; so may be in another 2 yrs I can get my GC.



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  • swo
    07-20 06:47 PM
    thats one way to look at it. The other way to see this is that:

    - given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.

    -there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.

    - instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.

    My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.

    Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.

    There is no doubt though, that the voices of immigrants did make a difference.

    By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.




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  • Green.Tech
    05-29 09:56 AM
    Back on top...




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  • pappu
    06-02 11:04 PM
    Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?

    Thanks, but no thanks!
    Jayant
    Thank you for the troll alert. The post is deleted. Please inform when you find such post.
    Any post from such users will mean immediate ban without any warning. All moderators will be very strict during these months. We get lot of traffic from anti immigrants and we dont have time for their nonsense. They can take it anywhere else they want and sulk. Bye bye BigLoser. You have just been banned!

    All members are requested to point to any such posts immediately to moderators so that they can take immediate action.




    Keeme
    03-05 11:45 AM
    Our cases are with NSC. EB2. PD: Mar -06
    i responded to RFE last year. then case processing resumed.

    We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
    LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
    notice ,we did not give any FPs. She said they have our new FPs in the system and applied
    the same.

    i am not sure what she is talking about???

    One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?

    Thanks.

    Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.

    Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?




    satishbsk
    07-13 07:14 PM
    Some one get list from Walk In Medical Care who all went to medicals for 485 in June :D :D .
    When I went for submitting and collecting medicals there were around 15 + each time last month.

    ___________________
    Contributed $280 so far



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