Thursday, June 16, 2011

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  • newbee7
    07-06 06:55 AM
    Can you please change the headling in Digg to:

    Homeland security compromised in mad rush to process Green Cards




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  • sunny1000
    04-30 05:35 PM
    atleast there was bipartisan frustration on part of congressmen on both sides except for the king guy

    Yeah, King is like that crazy Tancredo...




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  • GCOP
    08-13 03:52 PM
    Thank you Conchshell , willwin for your active participation to resolve EB3 visa problem.
    I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
    Whichever date you decide, just PM to me.
    IV help will be appreciated to arrange the meetings.

    I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).

    some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.




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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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  • she81
    08-13 04:54 PM
    But why should we lose the PD that we've been hanging on to for so long. For all we know, they might retrogress EB2 next - with USCIS, there's no room to take chances. I'm on my 10th yr here and don't want anything to go wrong at this point.




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  • Sachin_Stock
    08-23 01:02 PM
    I don't find anything in this memo that contradicts or radically changes the way EB-2 category has been affected. Correct me if I am wrong.



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  • evildead
    10-22 08:13 AM
    you could have sent a porting request letter along with the i140 application




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  • asdcrajnet
    07-06 07:15 AM
    just dug!!!



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  • apb
    09-16 12:52 AM
    Bump




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  • Keeme
    08-14 05:05 PM
    guys i think USCIS is not interested in giving EB 3 guys GC...

    as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...

    EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...

    I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....

    I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
    so gud luck to all of us

    I don't agree with it and hope not ! As latest Visa bulleting states - DOS people had predicted and planned - They will move EB3 dates forward to cover all June applicants - that means moving cut-off dates for EB3 - India to Jun 2003 as per Jun 2007 bulletin. For some reason - they see heavey demand now and it may not be the case in next bulletin. Still they beleive its diffcult to predict any dates for EB3 before mid Sept. They are working and intention are there to help EB3 applicants. That leads to make me believe that dates for EB3 - India would move to somewhere Nov-Dec 2002 to Jan-Feb 2003 in next bulletin.



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  • desi485
    11-18 03:50 PM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed

    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.




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  • angelfire76
    07-20 03:19 PM
    Kennedy, Clinton voted against this... I dont know what they are thinking..

    What is the proportion of potential illegal vote base to the legal vote base? They are pandering to the Hispanic vote bank.
    Like all, H1B increase was also involved in the killer. :(

    Wrote a strong email protest to USINPAC for their failure in trying to lobby for passage of the bill. :mad:



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  • Mouns
    04-30 03:15 PM
    Max waiting country Philippines (family based) = 22 years
    if recapture enacted we shortened it for a few months.

    Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!




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  • NKR
    06-24 11:45 AM
    1. The days of an immigrant waiting to buy a house until he gets his GC have gone. These days H1Bs r buying homes left and right. More than settling, they look at it as a business prospect. I know atleast 5 guys who r still waiting in the wings who've bought homes. Look, u know u r gonna wait until GC and u know u will get ur GC...so why not buy a house? There may be a few who'd be pessimistic about their GC applications and wud think twice b4 making a huge investment and AFAIK, that percentage is very less.


    LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.

    RNGC,
    Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.



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  • waitingmygc
    05-19 05:08 PM
    Thanks chanduv23 for providing detail steps.

    Great news ind_game. Hope eveything will be normal in a month.




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  • Abhi_OneDay
    08-24 03:20 PM
    My I-140 was filed in EB2 on the 18th of August and I was heart broken this morning when I came across this memo on IV this morning....I do not have a US Masters and was banking on my Bachelors + 5 years to qualify....My attorney sent me the following reply

    "This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."

    Not sure about her comments, what do u guys think?

    I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.

    Please let me know what you guys think?



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  • rp0lol
    06-21 01:10 PM
    another 100$ from IL
    PayPal Receipt ID: 70125366SU56XXXXX

    GO IV!!!!




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  • sriharirag
    07-13 05:57 PM
    Did my part in contacting senator and congressman...did get positive feedback...don't know what they will do.

    Thanks
    Sri




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  • Sakthisagar
    02-24 09:11 AM
    Hello gcdream,


    If you apply on premium processing then fees is huge, lot of money, if you apply before hand I mean 6 months back before the expiry of Visa, then not this much money as fees, last time I opted for premium processing.

    Thanks for asking




    immig4me
    09-02 08:29 AM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...

    You beat every one hands down... it shows your incredible character if you can look at the situation and find it funny....

    Came in 2000
    10 years and waiting




    aussienyc
    01-03 04:59 PM
    Ive been here 4 and a half years. PD of dec 06 Im 25 from australia. I didnt intend on staying, but fell in love with NY ater 3 years.. I have elderly parents, and nieces and nephews i have missed growing up, however i keep in touch by phone regularly, and try to visit every year. I know I want to stay here for at least the next 10 years. After that .. i dont know..

    Im in a serious relationship with a US citizen, however I want my greencard before we take the plunge. I dont want any doubts on us taking the next step. I may have to leave in August as my L1B is expiring, and she is in grad school working towards a PHD, so her having to come home with me would put a massive hault in her life. so frustrating.. My brother went through a very similar thing in Australia with his italian girlfriend before they got married 7 years ago.

    i just hope congress do something soon..



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