Tuesday, June 14, 2011

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  • Googler
    07-20 12:53 AM
    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.


    Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.

    I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.

    As for the argument that the name check process enhances national security that is not really true.

    (a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.

    (b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.

    (c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.

    (d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?

    (e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.

    Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.

    These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.

    This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.

    All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.





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  • vdlrao
    04-08 02:54 PM
    On Page 3 they say total Employement based preferences number was 162,176

    Than on page 6 they say total Employement based preferences number was 147,148

    147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007





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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.





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  • amulchandra
    05-10 02:16 PM
    Actually I am using IE.

    Thank you

    Indira



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  • shankar_thanu
    06-27 10:44 AM
    I have been asked by my lawyer to enter the A# from OPT card if you have one, is this right?





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  • ysiad
    08-10 11:31 PM
    One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
    Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?

    Thanks.



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  • terpcurt
    November 2nd, 2003, 10:44 AM
    Both of the following are about 500KB, so beforewarned...

    I put a smaller beetle macro into the front-page gallery area, but here's a couple others.

    1 Upclose and personal with a dandelion.

    2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.



    Nice shots.......... I like the close ups with Macro, and also the landscapes with the old buildings overrun with ivy

    ead job suggest please [Archive] - Immigration Voice

    View Full Version : ead job suggest please






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  • srinivas_o
    04-28 10:49 AM
    Used Advance Parole and gave my passport to the Officer, no questions asked and no issues. This is at Dallas on 23rd April. It just took 15 minutes to complete the immigration check.



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  • whiteStallion
    07-16 05:07 PM
    i don't see july processing times...it still shows june times.

    Me too...it was posted 15th of June... This is not the July one :p





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  • thamizhan
    07-17 10:17 PM
    CHEERS TO AILA, AILF AND IMMIGRATION VOICE
    Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.

    Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.

    Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.



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  • Sachin_Stock
    09-18 10:29 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!





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  • potatoeater
    05-26 04:26 PM
    Now, the VFS site is giving the error "No dates available" for visitor visa. Even if you opt for an emergency appointment option, you still get the same error.

    Are others facing the same issue? Is something wrong with this site?



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  • jonty_11
    02-08 04:55 PM
    steve,

    I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.

    He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
    I wish more of this wud happen to run these cheats out of business.





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  • arnab221
    04-24 10:00 AM
    The schedule of the meeting is as below .

    Wednesday 04/30/2008 - 2:00 PM
    2141 Rayburn House Office Building


    You could watch the webcast through a hyperlink at this page .

    http://judiciary.house.gov/schedule.aspx



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  • meridiani.planum
    11-03 01:50 AM
    Hi,

    My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.

    We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.

    1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
    2) Is it my right to get a copy of the RFE?
    3) How come the case status did not change on USCIS website?

    My current visa expires on Nov 20th. Please advice ASAP!

    sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.

    P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.





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  • eb3retro
    08-08 07:33 PM
    ^^^^^



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  • Templarian
    08-31 11:36 AM
    http://img370.imageshack.us/img370/9483/stargatemh6.gif

    Can you guys think of any comics you want in smilie form (I tried xkcd, but thats a hard smilie to make). So far we have:

    Calvin & Hobbes
    Garfield
    Dilbert

    Somone want to give a crack at foxtrott.





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  • dixie
    02-12 07:36 PM
    Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.



    EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).

    If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.





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  • gcpool
    08-30 01:48 PM
    The USCIS looks at the EAD eligibility option. And that option is there as I-485 applicant. (also this is a must field on the EAD application online where as the visa status is not)

    But on the current visa status there is no option saying that you are an adjustee and so the CS person (She was not sure) said that visa status considered is the last applied visa status. So if you were on H1B its better to put H1B. I also saw this on a website somewhere.





    singhsa3
    05-01 11:29 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS
    singhsa3:

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...





    AB1275
    12-17 12:42 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!



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