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  • TheOmbudsman
    09-01 04:16 PM
    My favorites are "The Bee" and Learning01.

    me too. I am a big fan of bee, logiclife, sunjoshi.





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  • jtad
    07-25 04:53 PM
    This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.

    THIS IS A BAD IDEA FOR A PROTEST!

    Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
    Where did you get the idea that to protest means to do something "bad"?...





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  • kart2007
    10-07 11:01 AM
    Hello,

    I am in exactly the same situation. I have received my renewal EAD but my spouse hasn't. Her EAD expires 4th November. USCIS told me to call back on 11th Oct which is 30 days after they sent it. I do not want to wait till 11th. I am pretty sure its lost in the mail.

    She is going to get a job offer next week, will she have any problems due to the fact that her EAD expires within 30 days?

    Also whats the best thing for me to do now?

    Please advise.





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  • eb3retro
    06-30 10:05 PM
    Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?


    i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..



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  • Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)





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  • summitpointe
    04-09 12:07 PM
    Planning to use AC21 Portability and work on EAD.

    If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.

    Thanks in advance for your reply.



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  • add78
    06-19 11:15 AM
    I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)





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  • a1b2c3
    10-02 11:22 AM
    SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate
    three legacy record systems: Justice/INS-013 INS Computer Linked
    Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.

    DATES: Written comments must be submitted on or before October 29,
    2008. This new system will be effective October 29, 2008.
    __________________



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  • gjoe
    01-08 05:15 PM
    If you don't send the name change request with supporting documents before your wife's I485 is approved you will end up spending another $370 for filing I90 ( the fees includes bimetrics fees which is mandatory for I90)

    Change of name in bank, SSN, DL and passport is very simple and easy if you have all the supporting documents for the name change ( marriage certificate or the affidavit)





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  • gc_chahiye
    07-09 05:27 PM
    how to change my vote then???

    I dont think you can change your vote.

    In any case this poll is only to get a feel of how things are out there. A wrong vote here or there does not matter

    As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).

    If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow



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  • summitpointe
    04-09 01:06 PM
    If I work on EAD and do not get the EAD card before it gets expires, do I need to inform my employer about the status. If I inform them they will be removing my name from the payroll and it will be hard to include it again. It is like my job getting terminated.





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  • she81
    07-04 04:38 PM
    There's definitely something fishy about the way these events took a sudden turn. It's all surfacing now. USCIS certainly needs to have transparency in the way they performs their duties. This is entirely unacceptable.



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  • OLDMONK
    07-06 01:07 PM
    Herndon, Va.: Good Afternoon Kelly, I am tried to ask the same question to previous reporters today in the discussion, but no one replied can kindly advice on this

    Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.

    My Question is why is media acting like an Ostrich on this issue? Answers anyone??

    FYI Some individuals and distinguished senators are on top of this already.

    Suit Planned Over Visas for the Highly Skilled (The New York Times, July 6)

    Rep. Lofgren Issues Statement on Updated Visa Bulletin (Press Release, July 3)

    Answered:
    John Kelly: Well I don't see that it's totally been ignored. And as you mentioned, there IS a story in the New York Times today. I don't know why this particular wrinkle might not have been covered as much as some might like, but I imagine the crush of other news might be partly to blame.





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  • getta05
    03-27 05:38 PM
    i have not applied for a GC as yet.

    I want to buy a franchise and start my own business.
    later on I want to apply for my GC.



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  • immitul
    10-27 04:54 PM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

    Spouse using EAD, has no affect on your H1.

    My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.





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  • msyedy
    01-25 11:28 AM
    Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?

    How nuke bill is related to SKIL bill......

    Admin close this forum.



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  • sunny1000
    03-28 07:49 PM
    Hi,

    I have contributed a few hundred dollars in the past to IV. I am not in a position to do it now. But, will do again in the future.

    My question is, will my previous donations entitle me a DONOR status?

    Please let me know.

    Thanks.


    Thanks fr your support to Immigration voice

    In order for us to encourage people to contrbute we started the donor system. We are encouraging people to contribute 25 dollar per month to subscribe. If they pay more say- 100, then it will give them subscription for 4 months.

    we have just started this system and hope to fine tune and improve and also provide more services to all our members.

    We are trying not to include past contributions because it will get tough for us to get future contributions that we can invest in IV for all future and current initiatives.
    fyi -from my PM





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  • eb3retro
    08-21 01:15 PM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)



    hi jazzbythebay,

    i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...





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  • Atmaram
    07-16 02:42 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?

    Thanks


    Why yes! Didn't you get the memo?
    What this means is that somebody at USCIS probably ran out of TP at home.





    seeker_gc
    06-18 12:31 PM
    Thanks all of you. I'll keep you posted once my medical is done.





    qasleuth
    09-21 10:35 PM
    Anecdote: An acquaintance of mine was married for a year and then they had marital issues. His spouse started living separately here in the US and then went back to India. The guy went to India on a trip to see his ailing father. His ex-wife's parents filed a harassment/abuse case against him and he ended up being there for 2 years. In that period his 485 was considered abandoned inspite of being in the country for more than 10 years.
    I do not know the exact reasons for their marital discord, never asked and never judged.

    The one thing which this country should teach is not to judge another person. No one has the right to insult/judge another human being without knowing the facts. Even if you do know the facts, you have absolutely no business to talk nonsense. Just farting out of your mouths anonymously on a public forum does not make you wise or a person of character. Shame on the low-lives who made ugly comments about OP.



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