Thursday, June 9, 2011

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  • Mahatma
    08-02 08:36 AM
    I am in tennessee and would like to participate constructively. However, I will not hesitate to make my disagreements known.





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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.





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  • mhtanim
    06-08 02:44 PM
    Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009

    My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.





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  • kondur_007
    09-18 09:50 PM
    My 140 is Approved from Company A.I haven't filed my 485 yet.
    My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).

    My qn is what if company A cancels my 140?
    If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

    Thanks for your help.

    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.



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  • pooja_34
    01-15 07:07 AM
    I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.





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  • roseball
    10-16 04:33 PM
    Hi,

    My friend is in a unique situation and needs help. Please guide him with his queries.

    **************************************************
    I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

    My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

    My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

    We didn't specify about GC labor on H1B/I-94 extension petition.

    My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

    Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
    ************************************************** *********

    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.



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  • alisa
    03-15 12:54 PM
    Thats been my understanding of whats been happening since last summer.

    I see every reason for USCIS to move the dates forward to early 2007. That will be a sweet spot where they won't have to accept anymore AOS applications (since all applications upto that time have already been filed in July 07). They will have a vast pool of AOS applications from 2001 to 2006, and they can just pick cases from that pool, and approve them.
    This is assuming no major jump to CP.

    What I understood from Ron's article:
    They're not processing fast enough to exhaust visa numbers.
    They want to minimize visa number wastage.
    They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
    Many people will have dates current, but few will get approved... it'll be luck of draw.
    Dates will then return to retrogressed levels at the beginning of the next financial year.
    However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.





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  • nikamd
    05-13 08:31 AM
    I am in the same boat. Current from March.........but nothing yet....:(:(:(:(:(:(



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  • gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.





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  • lazycis
    01-10 08:26 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    The bad part of it in your case is that NC is still pending.

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

    So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

    http://en.wikibooks.org/wiki/FBI_name_check



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  • javaconsultant
    03-23 12:03 PM
    Guys,

    Can we contact Center for Community Change for our cause ?

    I watched their Excecutive Director Deepak Bhargava on CPSAN yesterday on
    a program of Immigrant Rights.

    http://www.communitychange.org/


    Ed: Moved to appropriate new thread from news articles thread. Please try to the thread topic when you post. Thanks!





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  • saurav_4096
    03-14 11:22 AM
    I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.

    Hi nfinity,
    I am planning to get H1B from Mumbai consulate in April, with my i-485 pending. It was good to read your post about successful stamping at mumbai consulate. I would appereciate if you can share you experience at
    1. mumbai consultate,
    2. POE
    3. If you have any additional tips.

    Thanks
    Saurav



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  • mhtanim
    06-07 09:51 PM
    After sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009





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  • go_guy123
    05-16 08:31 PM
    Hello Friends,

    I am planning to apply Canada PR... here is my status...

    Filed 485... currently working on EAD... no H1 any more... employer didn't extend it...

    1. Should i qualify IELTS to prove english language ability... inspite of having 18 yrs of education with medium of instruction as english?

    2. Since i do not have h1 any more and am on PAROLE status.... will it be difficult for me to prove that i have "real intent" of moving to Canada after getting PR?

    I would appreciate any one who can throw some light on this.

    Thanks,
    Krishna

    If you belong to the 38 occupations , then its possible

    Instructions on which skilled worker applications are eligible for processing (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp)



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  • sripk
    05-17 07:49 PM
    I have a question though. If your new Job duties are 50% different then won't it affect your pending i485 application as AC21 requires new job to be same or similar to keep I485 valid? Also, Any new job will be similar and wondering if switching to a different company will help in this case? Will they be able to file a new EB2 PERM LC for me or will i get same response that i got from present company?





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  • DSJ
    05-30 12:34 PM
    Fee and Bee, there is some relation
    ==============
    already discussed- admin



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  • rpulipati
    10-05 03:11 PM
    I had similar situation in labor process. The new company attorney mentioned me to do an amendment for labor processing, however I was reluctant and did not continue with it. An year later on pending labor, I received RFE: something like unable to find company. Attorney then sent the company acquisition details. Months later labor got approved.

    Talk to your attorney.





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  • anilvt
    09-18 10:31 PM
    hello ras,

    did u show up today at the rally man?


    why don't you show this to congressman

    why show us your inventions about GC fourth law ?

    and other people like us who can't make decision and change the law?

    after gc wud u like to invent citizenship formula

    try to get some 50 eople in the next rally

    Thanks





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  • snram4
    12-28 11:51 AM
    Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.

    And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.

    These are the kind of poison pills that derailed previous CIRs.
    Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
    The business community as well as skilled immigrants start opposing the CIR and it
    comes crashing.





    h1-b forever
    04-27 08:24 AM
    I want to know if some of us knew of Green card wait time when we applied or came to USA?

    what difference does that make?
    Question is, now that you know how long the gc process takes, you are still here............Cribbing maybe, but still here..........
    So, it does not matter what you knew at the time of coming here.





    surabhi
    08-17 04:02 PM
    I think this might be the case where "Waiver of Signature" was not opted in case of express mail.

    In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.

    In this situation, I guess nothing much to do except wait I guess.



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