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  • Jaime
    09-05 03:51 PM
    Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.

    Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
    In simple terms, priority dates will become current as soon as the bill passes.

    Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.

    One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.

    So think and act�.

    Excellent points! All the more reason to attend the DC rally on the 18th!




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  • badluck
    07-09 10:20 AM
    This website is for immigration issues only. Please dont hate me now.




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  • morchu
    04-27 05:18 PM
    No. Applying for new H1-visa-stamp at a consulate, invalidates your existing H1-visa-stamp.
    If the new visa is not granted or somehow one goes into 221(g)
    waiting for some check, what happens then? Can you still come back on current visa?

    Thanks.




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  • priti8888
    01-08 03:55 PM
    Is there any relation between biometrics and the final green card approval time?

    I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.

    Is that the case?

    not true. You can be approved only if your PD is current.



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  • ThanksIV
    07-17 06:32 PM
    IV had done so much to me, donation is the least thing I can do.
    Thanks IV!:D

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  • satishku_2000
    08-01 01:53 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..



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  • BharatPremi
    07-18 04:31 PM
    THE TRUE answer seems to be "Nobody (even USCIS) knows".




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  • tabletpc
    10-17 11:13 AM
    I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..

    Contract - Corp-to-Corp ?
    Contract - W2 ?
    Contract to Hire - Independent ?
    Contract to Hire - W2 ?



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  • lj_rr
    07-31 02:01 PM
    Iam in exact same situation.Can someone share the detailed process to do this.

    Yes. It is called interfiling




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  • pellucid
    04-05 03:31 PM
    America embraces foreign-born ballplayers, but not engineers, much to the
    dismay of big business, says Fortune's Marc Gunther.

    By Marc Gunther, Fortune senior writer

    NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
    without such foreign-born stars as Albert Pujols, David Ortiz, Justin
    Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
    mysterious "gyroball."

    It wouldn't be as much fun, would it? Fans want to see the most skilled
    players compete - immigrants and Americans.

    So why is it that people don't want skilled immigrants to compete for jobs
    in the multibillion-dollar technology industry?

    They view these immigrants as a threat. CNN anchor Lou Dobbs argues
    permitting more educated, foreign-born engineers, scientists and teachers
    into the country would force many qualified American workers out of the job
    market.

    That may be true in baseball, where the number of jobs on big league rosters
    is fixed. That's not necessarily so in technology, where people with skills
    and ambition help expand job opportunities. Immigrants helped start Sun
    Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
    Charts). Would America be better off if they'd stayed home?

    "This is not about filling jobs that would go to Americans," says Robert
    Hoffman, an Oracle (Charts) vice president and co-chair of a business
    coalition called Compete America, which favors allowing more skilled workers
    into the United States. "This is important to create jobs. It's not a zero
    sum game."

    This week, as it happens, is not just opening week of the baseball season.
    It's the week when employers rush to apply for the limited number of visas,
    called H-1B visas, that became available on April 1 to allow them to
    temporarily hire educated, foreign-born workers. This year, Congress has
    allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
    students who earn advanced degrees from U.S. universities. After obtaining
    guest-worker visas, employees can then seek green cards that allow them to
    stay in the United States

    FedEx and UPS did a brisk business last weekend because the visas are
    awarded on a first-come, first-served basis. The first 65,000 are already
    gone. The 20,000 earmarked for graduates of U.S. universities will be
    distributed in a month or two, experts say.

    This makes it very hard for companies to hire foreign-born graduates of the
    U.S.'s top schools. More than half the graduate students in science and
    engineering at U.S. universities were born overseas.

    "It's sending a signal to the best international students that they may not
    want to make their career in the United States," says Stuart Anderson,
    executive director of the National Foundation for American Policy, a
    research group. (Anderson, an immigration specialist, also wrote a study of
    baseball and immigration that's available here as a PDF file.)

    Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
    Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
    the importance of overhauling our high-skilled immigration system....
    Unfortunately, our immigration policies are driving away the world's best
    and brightest precisely when we need them most."

    CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
    American workers right out of the job market," he fretted on the air after
    Gates testified. "There's something wrong when a man as smart as Bill Gates
    advances an elitist agenda, without regard to the impact that he's having on
    working men and women in this country."

    It's not just Dobbs. Internet bulletin boards and blogs are filled with
    complaints about foreign-born engineers. The U.S. branch of the Institute of
    Electrical and Electronics Engineers, the leading society of engineers,
    brought about 60 engineers to Washington last month to ask for reforms to
    the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
    an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
    designed to crack down on companies that use the guest worker program to
    displace Americans from jobs.

    As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas.

    In a paper for the Economic Policy Institute, Hira says that expanding H-1B
    visas without improving controls will "lead to more offshore outsourcing of
    jobs, displacement of American technology workers (and) decreased wages and
    job opportunities" for Americans. He told me: "Bill Gates talks about how
    you are shutting out $100,000-a-year software engineers. But if you look at
    the median wage for new H1-B workers, it's closer to $50,000."

    Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
    said the average salary for Microsoft's H1-B workers is more than $109,000,
    and that the company spends another $10,000 to $15,000 per worker applying
    for the visas and helping workers apply for green cards. "We only hire
    people who we want to have on our team for the long run," he said.

    It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
    and other members of the Compete America coalition - do not use the guest
    worker program to hire cheap labor. They just want to hire the best
    engineers, many of whom are foreign born.

    So what to do? Everyone seems to agree that the H1-B program needs fixing. (
    Even Hira, the critic, says the United States should absorb more high-
    skilled immigrants.) Whether Congress can fix it is questionable. The guest-
    worker program is tied up in the debate over broader immigration reforms.

    But guess what? Just last year, Congress passed the Compete Act of 2006,
    which stands (sort of) for "Creating Opportunities for Minor League
    Professions, Entertainers and Teams through Legal Entry." Yes, that law made
    it easier for baseball teams to get visas for foreign-born minor league
    players.

    If the government can fix the problem for baseball, surely it can do so for
    technology, too.



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  • beautifulMind
    08-24 12:14 PM
    yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

    I work for University since 2002 with very straightforward case hence suprised

    ok..here is part 2.

    Employer was able to speak to USICIS officer. He asked

    whethere

    1) I was contractor
    2) from when I was employed
    3) Work timings
    4) exact office Location

    my supervisor asked why all these questions about location and timing they said they will do a site visit

    I feel if my app can trigger this than any other app could...

    The USICs is just getting crazy with all the bueracacy crap




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  • doubleyou
    05-18 01:22 PM
    Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.

    AILA is not getting any response from USCIS as per the lawyer.

    How to check on the status of background check.



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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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  • ddeka
    07-09 12:35 PM
    You can take info pass and get an interim EAD



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  • psn1975
    11-05 08:06 PM
    Hi

    I my PD is July 2003 EB3 (India).

    My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to Case received and pending.
    What is even more surprising is that it also says On April XX, 2008, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER... This is incorrect since i got the approval notice in Nov 2006.

    I have NOT done any labor substitution or anything like that.

    As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!




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  • thescadaman
    09-14 07:22 PM
    I had ordered my IV Texas T-Shirt on Sunday and have received it today! I am all set for the Rally and will be departing Houston, Texas on the 17th.

    See you all in DC..



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  • leonqiu
    06-14 07:40 PM
    First, Congrats to everyone and IV Core Team!!

    Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).

    My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.

    My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?

    Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.




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  • unitednations
    05-19 03:24 PM
    background checks can mean all sorts of things

    1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)

    2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.

    he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.

    He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.

    Background check means all sorts of things...




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  • Prashanthi
    08-21 01:31 PM
    I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).

    My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.

    My case is current as of Aug 1st 2009 but no LUD's on my case.

    How would I know that USCIS have changed my case from EB3 to EB2.

    I apperciate your response in this regard.

    If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.

    If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.




    waitingnwaiting
    01-26 11:10 AM
    01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011

    * Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
    * Text of S.6:
    o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    o SECTION 1. SHORT TITLE.
    + This Act may be cited as the ``Reform America's Broken Immigration System Act''.
    o SEC. 2. SENSE OF THE SENATE.
    o It is the sense of the Senate that Congress should--
    + (1) fulfill and strengthen our Nation's commitments regarding border security;
    + (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
    + (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
    + (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
    + (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
    + (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.




    uma77
    10-17 09:12 PM
    thank you duttasurajit for the link.



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