Tuesday, June 14, 2011

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  • lazycis
    11-20 10:26 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
    See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument




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  • ak_2006
    05-22 12:01 PM
    Friends...

    Contribute to the nobel cause.

    Help IV and IV Helps you.




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  • MYGCBY2010
    07-23 03:16 PM
    Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.




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  • santb1975
    07-14 08:43 PM
    GSC999 is back..Yay

    Running total so far $608

    Good work. Let keep rolling.



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  • snathan
    02-10 10:11 PM
    I will. Thanks for rounding up.

    I am still waiting to see your contribution....Do you need any help to write the check




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  • reedandbamboo
    09-11 10:07 PM
    Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.




    Correct me if I'm wrong, BUT it was not until 2005 that the backlogs started to appear (owing to introduction of PERM?). What the hell have they been doing from 2005 until now?!!! WHY don't they still have a friggin' clue as to the number of cases in their system?

    DAMN SLACKERS I SAY!!



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  • gc_on_demand
    04-30 03:21 PM
    Will there be a voting today to decide to move further in this process ? OR commette chairman will decide based on hearing ...




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  • gdilla
    07-20 01:23 PM
    From reader "MA", the blog TalkingPointsMemo.com -he's referring to the slowdown in criminal cases at the USA office in SF, not immigration. But interesting, nonetheless:

    Your post . . . about the slowdown in cases in San Francisco got me thinking about the larger bureaucratic issue associated with more than half a dozen years under Bush.

    This is a relatively trivial incident, but a while back I attempted to get my passport renewed and discovered the wait times had doubled (partly because of the new rule requiring travelers to Canada to have passports) -- trivial, yes, but it also highlights some of the more mundane effects of an administration run by people who have a fundamental antipathy toward government service and government programs.

    This gets writ large in the case of incidents like Hurricane Katrina, the prosecution of the Iraq war and so on...but it also gets writ small in thousands of details of everyday bureaucratic life -- especially as the Bush influence trickles down through the bureaucracy from political appointees to career employees.

    If the governing Bush/Cheney philosophy is that the public sector doesn't work, that it is inherently not just inefficient and corrupt, but antagonistic to citizens and individuals, this philosophy has a way of slithering its way into the workings of the system itself -- not just in the case of high profile corruption scandals, but also, again on a more mundane level, in the day-to-day operation of government bureaucracies.

    And here's the weird thing, even though that sounds so unexciting, there's something almost stifling about imagining a bureaucracy that really is antagonistic to individuals -- one that not only slows down, but finds some vindication in throwing up road blocks, thwarting citizen requests, and, in the end, not serving the public. I have family members who lived in former communist countries -- and that's really how the bureaucracy was there, and life under those circumstances was made much more difficult, bureaucratic responsibilities increasingly cumbersome, much of the time the system just didn't work, and had to be gamed (or bribed).

    Although I have large scale concerns about Bush's handling of the war, the economy, and so on, I also have some more micro scale concerns about what his philosophy of governance means for everyday life and our everyday interactions with the bureaucracy. Indeed, this scale, though more mundane, is also the one that in some ways affects the majority of the population more directly, even if much less dramatically. I've lived in places where the bureaucracy functions quite well, and where citizens take a certain pride in the fact that the government serves them.

    The idea of living in a country where the administration's goal is to demonstrate just how bad government is/can be scares me at this very prosaic level -- I want my schools and courts and inspection agencies and passport agencies and so on to be run by people who really believe in government service and in the fact that the government can work effectively to serve the populace. Bush seems to be doing everything he can to dismantle such a world -- and he risks fueling a vicious circle in so doing



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  • AllVNeedGcPc
    04-02 05:04 PM
    @gene77: Can you share what the RFE was about?


    I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?

    @piliriver: 140 approved last month, PD Oct-2004




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  • chisinau
    07-27 03:44 AM
    There is an unconfirmed information from www.ucexchange.com about:

    S.AMDT.2448 Amends: H.R.2638 , S.AMDT.2383 Sponsor: Sen Schumer, Charles E. [NY] (submitted 7/25/2007) (proposed 7/25/2007)

    U.S. Senate Passes Bill that Might Provide "Recapture" of EB-3 Immigrant Visa Numbers that Went Unus
    By unanimous consent, the U.S. Senate passed a bill sponsored by Senators Schumer (D-NY), Hutchison (R-TX), and Kennedy (D-MA) that would "recapture" employment-based, third preference (EB-3) immigrant visa numbers that went unused because of processing delays during Fiscal Years 2001, 2002, 2003, and 2004. If this bill ultimately passes through Congress and becomes law as currently written, 50% of these "recaptured" numbers would be allocated to "Schedule A" occupations. Currently, the measure has passed through only the Senate. To become law, the bill would still have to pass through the House and be signed by President Bush.

    Does any one know wheather this is true???:confused: :confused:

    The official information is vice versa:
    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SP02448:
    7/26/2007:
    Proposed amendment SA 2448 withdrawn in Senate.

    Another BIG DISSAPOINTMENT!!!!!!! :::((((((((



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  • sundarraj_us
    06-10 01:49 PM
    USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
    Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
    Can you post the link of the official announcement, thanks in advance




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  • eastindia
    04-29 05:40 PM
    Can I call now? When will office close?



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  • desi3933
    08-04 04:07 PM
    What is wrong with bonded to 1 job type ? You file AC21 but job type should be similar. You cannot become a company's Vice president if your labor was for Programmer, why are you picking on things ?

    If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.

    BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.


    The guy sitting next to my cubicle is here more than 7 years, he's waiting for his 140, he's stuck with my employer while he wants to move since he has a 3 years degree than a masters, He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current ?
    If it doesn't apply on you doesn't mean these are not facts...

    I wish that he (guy in next cubicle) gets I-140 approved soon.

    >> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?

    If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.

    I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.

    The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.




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  • lonedesi
    08-06 03:36 PM
    ^^^^^



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  • Kodi
    06-21 11:00 AM
    I checked with my lawyer today. They only received 2 approvals since January.:eek: This is pathetic.




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  • a1b2c3
    08-17 12:34 AM
    Looking at the recent approvals looks like USCIS does the following:

    1. Pick up x number of files using a random algorithm.
    2. Arrange these files in a random order using the same random algorithm
    followed in step 1.
    3. Randomly pick any file arranged in step 2.
    4. Toss a coin.
    5. On odd dates if it is heads,approve the file. On even dates if it is tails
    approve it.
    6. If file is not approved in step 5 put it on the shelf to be picked up
    in step 1 in next cycle.

    I can only hope you are wrong :). I hope they sort first by PD and then by RP.



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  • srikondoji
    08-12 01:43 PM
    Diptam,
    Can you re-read the post and quote relevant parts of my very first post to prove that i was assertive?
    I very clearly said that this info was from customer rep and was true for NSC only.
    I have called USCIS twice for specific information because i need t0 travel to europe on a business trip in the months of sept/oct and was interested in getting AP.

    Information in this forum or any other forum is for sharing purposes. People should take that and do their own due dilligence.

    I have been on yahoo finance for the past 8 years and read many posters recommendation about a particular stock. Do you make investment decisions based on those posts?

    You need to update your skills about forums and the validity of its contents.
    No one can be assertive in their posts and not even the information originator or its source.
    So, please refrain from personal attacks.
    I know you and buddyinus are doing just that.
    Thanks for others who stepped in and helping me out.

    Best regards
    sri
    Srikondo man,

    I dont care your fight with 'buddyinus' or your friendship with 'frankzulu' and whether you were travelling by air/car/ship - I would like to ask you a SIMPLE question.

    You started this thread saying that USCIS has a "deadline" for completing stuffs last Monday or last last Friday.... All of us trusted you that time - Could you please give us a responsible answer or status Update.

    I hope you will reply this time.

    Thanks,




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  • AllVNeedGcPc
    04-13 07:52 AM
    Enjoy the moments!!!

    I just sent a mail to my Senator last week.

    Got the card production e-mail today, thank you everyone for your endless support the past 7 years.




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  • gsvisu
    07-13 05:07 PM
    My 2.5 Cents.

    We need to start a Letter Campaign next.

    A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.




    indyanguy
    11-30 06:43 PM
    Inline..

    Hi All,

    This is a nice thread. Found all the answers I was looking for. Still some lingering doubts in my head::)))

    So, has anyone started working on EAD for their/or spouse's LLC?

    Don't know

    Why cant I work on my H1B instead( for my spouse's company )? That would take away some risk. Wouldnt it??

    USCIS scrutinizes H1s from startups/small companies. They might ask you to prove Ability to pay and if the company is still in it's infant stage, this might be difficult.

    Do we need to submit any tax docs( for the new company I would be moving to) when we apply for the AC21 or at any later stage??

    AFAIK, they don't ask for any tax docs when you apply for AC21.

    Can someone please answer?

    -Thanks in advance




    Jimi_Hendrix
    08-09 10:01 AM
    I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of illegal aliens, lack of sufficient resources to process applications and poor understanding of legal immigration problems by congressional representatives are some of the contributory factors.

    Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. Legal immigrants pay taxes at higher rates due to their immigration status. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models by respecting the law and playing the role of responsible citizens. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.

    Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period, legal immigrants cannot change employers and/or job title. Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. The resulting frustration causes many of these immigrants to search work in other countries where immigration laws are favorable to legal immigration and skills are in demand.

    Of late due to the education campaign launched by Immigration Voice (a 5,000 member strong group representing highly skilled, legal immigrants); some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Due to the current deadlock in the senate and house over Comprehensive Immigration Reform, relief for legal immigrants is nowhere in sight. Will the average American citizen stand up and support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must decide now.

    Best Regards,

    JH



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