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Tuesday, June 21, 2011

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  • Ramba
    10-20 05:43 PM
    McCain was in favor of two major immigration bills. I guess he has better chances to do something about immigration. On the other hand, Obama has never voted for any major immigration bill and who knows what he really will do. Also, people assume that Obama is close to senator Dick Durbin who tried to screw the legal immigrants many times. If Obama wins and Dick Durbin becomes a more influential senator, we probably will be screwed even big time.

    Nobody knows who will win the election. What I find interesting is that many assume McCain will somehow help us to speed up our GC process. I don't know who will do what as the economy is in the toilet. I don't think either one will do anything about immigration for next 4 years as they have other things to take care of and legal immigration probably won't be a priority.

    However, if no changes are made and things keep going the way it has been going for a while such as - dollar keeps falling, economy keeps going down, businesses keeps going bankrupt - you may not even have a job for too long. With no job, you can pretty much say "goodbye" to your GC right there.

    So who really is better? Anyone?

    That is because, McCain served in senate more than 2 decades and spend much time in Senate judiciary commitee, which overseas immigration. Obama served only two year in senate (very junior member) and spent time in foreign relation commitee. McCain immigration bill (CIR) mainly to give amnesty to illegal aliens and create guest worker program. That bill was aimed (in 2005/2006) nothing but to win Hispanic votes in his bid to white house in 2008. He had no big concern for skilled workers as well as border secuity. It was all political move by McCain. McCain claims as he was a experienced, working accross party line and strong leader. If that is true, why he was not successful in passing immigration bill in 2006? Atleast Obama has right judgement and vison. Remember that, Skilled worker immigration will always be at bottom preference in any immigration bill in future, as it was in past. As economy in toilet, as McCain needs the help of the "Joe the plumber" to fix the toilet, immigartion will not get any attention even if McCain become the president. FYI, There was no single question about immigration in all 4 debates.





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  • pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    ==============
    USCIS VISA BULLETIN/
    VISA AVAILABILTY LAWSUIT
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    2
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    3
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
    ===============





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  • Legal_In_A_Limbo
    03-10 01:08 PM
    coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?

    I will really appreciate that.

    Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....





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  • SpookyH1Alien
    11-13 02:47 PM
    I am with you !! Lets do whatever it takes to get the spill over. Thats our only chance.



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  • smartboy75
    07-11 01:17 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    ____________________
    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3
    The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....





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  • coopheal
    03-20 11:31 AM
    I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
    Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
    If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
    Hi Coopheal:
    With Due respects to your Seniority and Agony/ Frustration being retrogessed.

    Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..

    If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).

    So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).

    Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.

    This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.

    Thanks,



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  • joeshmoe
    08-16 02:30 PM
    Gurus ...

    How do you know if your namecheck is done or not? Can you just call USCIS and ask???





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  • GCBatman
    01-09 08:54 AM
    Here is the answer would you hire me now :D
    When several operations occur in an expression, each part is evaluated and resolved in a predetermined order called operator precedence. Parentheses can be used to override the order of precedence and force some parts of an expression to be evaluated before other parts. Operations within parentheses are always performed before those outside. Within parentheses, however, normal operator precedence is maintained.

    When expressions contain operators from more than one category, arithmetic operators are evaluated first, comparison operators are evaluated next, and logical operators are evaluated last. Comparison operators all have equal precedence; that is, they are evaluated in the left-to-right order in which they appear. Arithmetic and logical operators are evaluated in the following order of precedence:

    Arithmetic (Exponentiation (^),Negation (-),Multiplication and division (*, /),Integer division (\),Modulus arithmetic (Mod),Addition and subtraction (+, -),String concatenation (&))
    Comparison (Equality (=),Inequality (<>),Less than (<),Greater than (>), Less than or equal to (<=),Greater than or equal to (>=),Is)
    Logical (Not,And,Or,Xor,Eqv,Imp,&)


    When multiplication and division occur together in an expression, each operation is evaluated as it occurs from left to right. Likewise, when addition and subtraction occur together in an expression, each operation is evaluated in order of appearance from left to right.

    The string concatenation operator (&) is not an arithmetic operator, but in precedence it does fall after all arithmetic operators and before all comparison operators. The Is operator is an object reference comparison operator. It does not compare objects or their values; it checks only to determine if two object references refer to the same object.


    ....An experience guy might find it difficult to answer questions like �what is operator precedence?� ....



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  • prioritydate
    12-20 04:31 PM
    Have you been out of country anytime after this...??If yes then you are fine.

    Once you re-enter US..all previous records will be cleared....!!!

    Yes, I did. In fact, many times.





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  • sanju
    01-09 01:21 PM
    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...

    Sure, no problem, you can call this number (202) 224-2152 and ask for Dick Durbin. Speak to him and explain him the whole situation, he maybe able to arrange to file h1b for you, sorry I meant your "someone". :rolleyes:


    .



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  • delax
    07-22 05:15 PM
    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    Wow! Great Job. I guess I can call you vdlrao2. That means there are around 40k visas available and most should go to EB2-I.......





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  • ilikekilo
    10-15 08:59 PM
    ok what receipt # are you guys talking about? i think iam little confused..

    ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about



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  • makemygc
    07-16 08:27 PM
    The only way to counter this is to fax the senators and reps stating the "real" facts!
    Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
    Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.

    I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?

    We can fax these white papers to attorney, media and even number usa too.





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  • sayantan76
    01-18 08:27 PM
    Once while visiting Niagara falls, I took a wrong turn towards the bridge to Canada, and the officer wouldn't allow me to turn back, but told me to go to Canada. Since I did not have my passport or visa with me the CA people wouldn't let me inside their country. I told I took a wrong turn when looking for a gas station, and they finally let me turn back to US. But since I did not have the passport the US guys wouldn't let me in here. I told them the same story I took a wrong turn. I was taken in for questioning by the main guy there. The officer finally took my drivers licence (and my employee id which luckily I had) and I think he checked it in his system. After a long while he came back, and told that I can get in, but told me to carry the passport & visa at all times. When this all happened I had my 15 mo daughter with me, 'coz she was in the car (wife and others were going up in the hot air baloon:)). I think my little girl helped somewhat 'coz she's a US citizen :). Above all praise God for that day!!
    interesting - if Canada did not let you enter and US did not allow you to come back - you would have been stuck on the friendship bridge for the rest of your life :-)



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  • ajay
    01-16 08:56 PM
    See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.



    This is what I always thank my elders and God for what I have been given in my day to day life.





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  • gcgonewild
    06-11 03:22 PM
    Sent to NJ Lawmakers



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  • Indirant
    01-31 08:22 PM
    Hi,
    Good work Varsha, are we having the conf call today let us know.
    Thanks
    Sekar





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  • abhijitp
    07-18 12:37 AM
    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.

    This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?





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  • meridiani.planum
    03-07 05:10 PM
    I was told that for AC21 we need to spend atleast 180 days counted from Reciept Date.

    What is Reciept Date as we dont see that exact wording on reciepts.

    Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?

    receipt date = received date.





    independent72
    02-20 06:43 PM
    I am going to travel from Boston and would like to pool my car. I have Honda Pilot and can sit 6 people.





    McGuffin
    03-06 04:25 PM
    I don't think I'll be able to make this one, I'll give it a shot though.



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