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Sunday, June 19, 2011

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  • rajuram
    07-13 02:22 PM
    It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.





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  • TeddyKoochu
    03-12 08:34 AM
    OP thanks for posting the link. I believe for EB2-I in reality we have to wait for the last quarter for anything at all to happen. The next 2 bulletins will also in all probability have no movement. Congrats to all those who became current this month, best wishes and good luck.





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  • desi3933
    01-30 02:43 PM
    I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.

    Please comment.

    You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.

    Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • makemygc
    06-10 06:40 PM
    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?


    Thanks in Advance.
    -Moti
    As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.



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  • byeusa
    07-13 06:34 PM
    you are making very sensible points. lets not trash her work.Agreed her firm sucks with beurocracy and penny pinching ( they asked my friend to send $25 whe he requsted them to send the fex -ex next night service for his LC approval when they had charged him $ 3000 for expedited filing of his H1B case, which they took 3.5 weeks to file). Some of her lawyers do hide behind their paralegals but most of the law firms aren't any different. So please do not blame her for that. She is a good lawyer.

    One thing that i noticed though that she was rallying her clients to file 485 after july 2nd so that they can take part in the law suit. Once she was done billing her clients and the client checks cleared, she posted that she does not want to join the lawsuit as it will lead to increased scrutiny of her cleints. Go figure...





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  • let007live4ever
    03-07 08:44 AM
    Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?
    Thanx

    Murthy charges $750 if you are existing client. Not sure how much they will charge, if you hire them just for that.



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  • pcs
    07-05 02:13 PM
    They will be happy...

    all the best





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  • retrohatao
    02-08 04:28 PM
    Description of the process:
    When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
    Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
    receives a reply. FBI after doing the security checks ( the process involves checking the name against
    potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
    is "YES" USCIS clears the case and if it is NO your case would be rejected.

    After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
    than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
    It is just like a blackhole and no one is there for you to provide the status/answer queries.

    Here is the thread one needs to look at if you would like to know more about the problem:
    http://boards.immigration.com/showthread.php?t=174845

    Solution:
    1.Its an interagency issue. USCIS need to follow up at constant intervals.
    2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
    of the cases.
    3. There should be a definite time line for clearing the cases.
    4. There should be a grievance addressing system for the cases delayed indefinitely.
    Ultimately it is in the interest of the country. If you think someone is dangerous, you would
    not want him/her to be in the country freely roaming on a EAD. Right?

    I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
    more



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  • Jaime
    09-12 11:08 AM
    Who's still thinking about going or not? Email us! We'll help you in any way possible! Let's all go together!





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  • GreenLantern
    02-21 05:09 PM
    What is all this about LW. Everybody seems to think it's the bomb. Why? Maybe this needs to be it's own thread?



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • jcmenon
    07-24 04:19 PM
    Guies,
    Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

    That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

    But any way it is a waste of time.



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  • pitha
    02-21 04:05 PM
    I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.

    pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.

    The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.

    All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.





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  • anurakt
    12-30 07:49 PM
    Updated wikipedia for immigration definition
    http://en.wikipedia.org/wiki/Immigration#External_links

    Please see the external links section.



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  • Winner
    06-10 05:03 PM
    Did my part.





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  • newuser
    09-27 11:08 AM
    http://return2india.org/



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  • jamesbond007
    09-11 12:41 PM
    Wow those guys/gals are fed with so many lies - numbers usa and programmers guild is projecting this bill as if creation of "new" half a million visas and propagating that so many new "foreigners" will take up jobs. Do they understand the word "recapture" and also these are unused 'greencard' recapture - many of beneficiaries are in us for way too long and they are not going to change the job market a bit.

    Does IV already have a propaganda group of their own to thwart such baseless silly accusations?
    If not, this group ought to be formed; made up of people who are patient, have very good communication skills (both verbal and written) and be well aware of the current immigration process in the US.

    I am afraid that the clueless media might see these lies on Dice (which is one the top job search sites), and assume that what is posted there is accurate. If they run with it as a story without doing proper investigation, it will get unnecessary negative publicity. It needs a proper counter argument, supported by the facts. eg: the legislation that limits the current EB level at 140K per year; and the legislation that does not allow spillover of the unused visas from one year to the next.

    There are a lot of ignorant people around. Some knowledge transfer to them will help us all. (There will be some people who are not receptive to knowledge. No one can help them.)

    Thanks





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  • H1Girl
    03-10 04:52 PM
    ....

    Any one donation NOT to be less than $100 PLEASE.
    I believe that the goal of Visa Re-capture is worth more than that even if you are making multiple donations.

    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...





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  • newuser
    10-15 08:19 PM
    Will mail the doc asap





    nixstor
    07-05 02:17 PM
    Oh, you are just mean now!:p

    I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.

    What difference does the membership of people make if they do not understand the agenda/motive of the organization? May be you are being mean in not understanding the agenda and needs of your favorite organization.





    ambrishmisra
    04-10 02:05 PM
    My wife is in US since Aug, 2006 on H4.

    We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).

    Her last four years job profile (as of now):
    - 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
    - 10 months for 'Company B'
    - 8 months on H4 (in US) - NO work

    Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
    OR its only for an company you are working for currently?

    Any help will be greatly appreciated.



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