Sunday, June 26, 2011

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  • vinabath
    07-20 01:14 PM
    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks

    To use AC21 ( to change employer) no need for EAD.

    You can do it on H-1.




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  • hariswaminathan
    07-14 01:32 PM
    sent $10.00 instead of $5 to make up for someone that doesn't.:)
    Used Bank Bill Pay Conf : 119124506




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  • InTheMoment
    07-18 10:59 PM
    Other than that RD also comes into play in deciding the order in which the file comes under review of an officer. This is irrespective of what the visa bulletin says..and is called in CIS parlance as pre-adjudication if the PD is not available.("pre" as in adjudication before a visa number is available).

    Such files that have undergone adjudicator review/FBI name and fingerprint as well as IBIS checks and are complete in all other respects but for visa# are now placed in separate area shelf for quickly assigning #'s, stamping, signing and ordering cards when PD is current for such petitions.

    So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!


    You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.




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  • mmk123
    05-03 02:09 PM
    Just called offices of the following senators, spoke with the assistants, explained my position and left a message. Most of them have no position yet till more details about the legislation comes in. As details unfold in nearby future, I will actually try to go meet my local senators - they are key for this legislation. Last yr, I had met my local congressman's assistant.

    Senator Scott Brown (R-Massachusetts)
    Senator Judd Gregg (R-New Hampshire)
    Senator Richard Lugar (R-Indiana)
    Senator Jim Webb (D-Virginia)
    Senator Sheldon Whitehouse (D-Rhode Island)
    Senator Amy Klobuchar (D-Minnesota)
    Senator John Cornyn (R-Texas)

    Thanks!



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  • svm
    07-18 03:47 PM
    Thanks for the reply!




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  • bestofall
    07-16 10:26 AM
    here is my plegde at 2000$ Target

    Immigration Voice
    Immigration Voice $ 5.00 07/22/08 7YHX2-KTYKJ

    Thanks
    BestOfAll
    EB2 March 2005 India
    July 2 2007 485 Applied



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  • subujee
    09-09 07:53 PM
    EVen though I was stuck in labor certification for 5 years and was able to file for my last stages before the mess, still I feel other folks in this immigration community should not be stressed like me . So, even though I can't make it to the immigration rally, I am contributed $100 rightaway and will try to convince my other colleagues on the same boat to contribute.




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  • paskal
    07-20 02:27 PM
    this is not over
    this might just be an opening salvo.
    these things usually get negotiated behind the scenes.
    things of note in this event:

    1. we garnered 55 votes in support, in any up and down vote we win.
    2. Durbin was the man again...that derailed us.



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  • Jimi_Hendrix
    11-05 11:46 PM
    GC Soon!

    Great to hear from someone in Southern California! I live in Orange County. Do you have other friends who are members on IV and in Southern California region?

    Thanks,

    Amit




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  • nk2
    07-16 09:24 AM
    Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL



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  • SkilledWorker4GC
    07-15 10:48 AM
    Please update the total once you contribute. The total so far is $1140.00




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  • chandsri81
    05-14 07:19 AM
    Hi

    BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them

    Chandana



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  • guy03062
    04-25 09:56 AM
    Well there is definite gain for people who came here earlier which is more fair system. For example, I came in USA in 12/1997 but my PD is 06/2005. If someone who came to USA in 2003 (after 5 years I came) and is lucky to apply GC...lucky to get his labor+140 approved, he would get PD earlier than me!!

    It may not help at all.
    Chances are once you make the arrival date as the priority date, USCIS/DOS would set the cut-off dates to reflect the earlier PD's. For example if it is now May 2001, it could retrogress to May 1995. I don't see any gains there.




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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,



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  • $eeGrEeN
    09-10 12:40 PM
    request to all help increase my rep. points////




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  • bitu72
    03-10 01:19 PM
    as per last page of this document(bulet point 16) they deffered the decision on exempting nurses from EB quoutas.. but i think we heard them saying its approved...

    admin/guru's u r comments please..



    http://www.shusterman.com/pdf/specterbill30906.pdf



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  • GCard_Dream
    07-19 02:50 PM
    Confirmation Number: 1RS188876V717273E

    Made another $100 contribution today. I hope that all members now realize that IV is doing a great job of addressing our issues and finally coming up with some results. This is just the beginning and the member contribution will determine how much more IV can accomplish. If we all don't join forces and contribute one way or the other, 8 or 10 core members alone can't do much.

    Membership and their contribution is the real strength of core team and if either one of those dries up, IV will no longer exist and all EB folks will once again become the step child of immigration process and no one will care about us. We have a voice now through IV, people know that we exist and realize the legal immigration process is badly broken and needs repair. Government and politicians have taken notice and agree that there is a problem with legal immigration. This is very significant. If we would like to continue this fight, contribution is a must.

    For those who are still hesitating to contribute, there is always that F5 (refresh) key which you can keep pressing and hope that some how pressing that F5 key enough times will result in some relief. You folks have more faith on that F5 key than IV and I wish you good luck with your green card process. Once you do get your green card, please let us know how many times did you have to press that key to get a green card. That will set the bar for the future generation of EB applicants.




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  • ragz4u
    03-09 09:58 AM
    As baburob2 mentioned, title 4 and title 5 relate to us legal immigrants. Hopefully the committee will get to that before 1.00 pm since the hearing ends at that time today!




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  • julsun
    01-14 04:54 PM
    Hi,

    We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.

    Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.

    Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.

    Thanks




    Kodi
    06-22 10:41 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"




    mpadapa
    06-24 02:35 PM
    RNGC, excellent thread, looks like pessimistic folks have taking this thread for a ride.

    America stands to loose in many ways. Here is why..

    A study by Kauffman Foundation shows that "an average 13.25-year lag between a key founder’s arrival in the United States and firm formation" - source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991327#PaperDownload
    Loosing well trained individuals due to frustration with the immigration system or due to expired visa duration is equivalent to outsourcing. impact of outsourcing to the US economy is very well debated these days.

    Another Kauffman report shows Immigrants were involved in 25% of the US patents approved in 2006 - Source : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366#PaperDownload
    This leads to reverse-brain drain phenomena who's effects to the economy are well documented.

    Here is couple of NFAP study about

    The impact of immigrant Entrepreneurs and professionals on the US competitiveness:
    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Driving Jobs and innovation offshore:
    http://www.nfap.com/pdf/071206study.pdf

    Stalling the career path through GC backlogs will impede the creativity of the individuals and hence dampen their entrepreneurial spirit. It also kills the innovative spirits in the individuals.

    Those who feel that "grass is greener on the other side" will jump to the other side irrespective of their GC backlog issues, their criteria is different. But there are many who believes that the American system cultivates innovation and entrepreneurial skills, for them the GC backlog is a drag on their growth.

    EB1/2/3 is not a delimiter to innovation, innovation happens at all levels. All EB1's aren't PhD's, there are quite a few PhD's in EB2 and similarly there are quite a few MS folks in EB3 too. By saying US just wants EB1 is utter disrespect to fellow professionals who are not on EB1.

    People,
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.



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