Friday, June 10, 2011

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  • chanduv23
    11-05 05:16 AM
    Wow, Tri State has 88 registered members (all 3 states combined).

    I think TX is really doing great in that sense. Come on TX folks, this is your chance. Join the State chapter and help yoursleves





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  • americandesi
    09-06 02:38 PM
    1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days

    2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.

    3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.

    4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.

    5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)

    6) Issuing RFE for EAD biometrics even after completing biometrics.

    7) Issuing RFE for EAD biometrics without issuing biometrics notice.

    8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.

    9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.

    10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.

    11) CSR’s providing conflicting answers to the same question.

    12) Backward movement of processing times instead of forward movement.

    13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.

    14) Not sending the EAD physical cards on time even after the change in online status to CPO.

    15) IO’s at POE interpreting the usage of AP in different ways.

    16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.

    17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.

    18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.

    19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.

    20) Last but not the least, wasted visa numbers and growing backlog with increased fees.

    Sounds like our desi babus are better than these potato heads. God Bless America.





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  • sands_14
    04-10 10:02 PM
    Which is better if you have 10% down payment only?
    FHA loan or conventional?I am told that for 10% down,its very tough to get conventional loans.Is that correct?Please advise.





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  • Berkeleybee
    04-08 02:56 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?

    The only way to break the logjam is through political pressure.


    Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)



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  • jsb
    05-17 11:14 AM
    thanks for the response. But is it normal, anyone else in similar situation?

    Yes, I know a couple of people who got GC and but their spouses are still waiting after more than a year. It could be due to lack of information they check from various agencies, such as home address (particulary if spouse is not working)





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  • sweet_jungle
    12-12 12:51 AM
    went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.



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  • siddar
    11-09 04:38 PM
    So hypothetically:
    person has approved 140 from comp-A but moves to comp-B
    A revokes the H-visa and 140.
    The person can still extend for 3 years, through B using the approved 140 (from A).
    This can continue till the day the persons PD becomes current?

    It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?

    However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??

    If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.





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  • paskal
    12-08 11:31 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....



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  • dilbert_cal
    07-05 03:11 PM
    You need to trust your company lawyer. Apprise him of the entire situation and he will guide you on how to proceed. In my opinion, until you get a RFE, you wont have to do anything.





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  • IAspire
    02-21 11:53 AM
    Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.

    Thanks
    IAspire



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  • Aah_GC
    08-16 11:35 AM
    I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.





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  • saps
    01-09 12:19 PM
    Gave you a green :)



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  • popoye
    04-27 12:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.





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  • vavuvya
    11-04 01:48 PM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.


    Thank you very much for your reply.Usually howmany it will take to get the I-140 receipt number once it has filed.My 140 has filed under premium processing in few days ago.



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  • peacocklover
    10-25 04:20 PM
    Situation: approved I-140 (EB-2), getting close to 5th year of H1B.

    questions:
    1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
    2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
    3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?

    thanks.
    learner

    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.





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  • Raju
    07-02 09:51 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Read the mission statement. FYI... We are not trying to stand on other to reach the top but, we do not let others stand on us to get to the top. I dont think you understand the subtle difference here. CIR is PRO ILLEGAL IMMIGRATION bill and has nothing to offer Legal EB immigrants.



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  • CaliHoneB
    02-24 07:25 PM
    I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
    and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
    I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
    If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
    I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....



    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600





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  • nchendica
    06-27 07:32 PM
    Good house keeping. Keep it up.

    Hopefully there wont be any answer for you guys. People are waiting in line for years and you guys cut short with sub labor. Good keep it up.





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  • rajsoni
    05-06 09:06 AM
    Hi,

    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


    Please advice.

    Raj Soni





    mallikonnet
    07-19 11:12 PM
    Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.

    we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.

    The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.

    Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.

    I think we have a looooooooooong road ahead to get our GC......





    cox
    November 21st, 2005, 05:28 PM
    I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)



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