Friday, June 24, 2011

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  • Blog Feeds
    05-28 01:20 AM
    They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.

    Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.

    When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.

    The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.

    When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.

    Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.

    My 2 cents.







    More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)





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  • cygent
    08-19 01:01 AM
    Please let me know.. This is urgent for me right now.
    Thank you all.

    Hi Arvin_H1,

    I have an MS degree in Materials Science & Engg, but work in IT. My 1st H1 transfer was denied, but the 2nd time it was approved with lesser documentation. Although I feel I am qualified in my capacity, of course I am very Thankful & Grateful (for now, I still have a long ways to go :p) Go figure, that is USCIS!! PM me if I can try help you further. Don't worry, there is always hope.

    wandmaker is absolutely correct, the I-94 date is critical. PM us for further clarification.





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  • MDix
    01-06 10:29 AM
    Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months.

    Unless, USCIS advise them on the low demand from ROW. Until then DOS is not going to do any spill-over other than FB left-over from last year( 10K).





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  • trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.



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  • qualified_trash
    11-07 03:52 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR
    actually, they should need no supporting docs on subsequent visits (my parents came the first time with supporting docs). the second time, just the ticket and that was after 9/11 so...........

    GCneeded seems to be inordinately concerned about supporting docs etc......





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  • justin150377
    07-01 02:38 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.



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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...





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  • wandmaker
    04-27 03:02 PM
    You might be denied based on the 365 days rule. When was your labor filed?

    OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.



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  • insbaby
    08-24 02:13 PM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.

    CBP & INS officers are much trainined in strategies to ask specific questions to individuals.

    Most people from India do not want to purposefully lie, afraid of maintaining with a series of lies.

    CBP & INS knew that students work somewhere. Our friend was a student then and it is not a surprise that he was trapped with some specific questions.





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  • justin150377
    07-01 02:38 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.



    more...


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  • bsbawa10
    09-01 03:58 PM
    Congrats to you....I am still waiting.





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  • sk.aggarwal
    08-04 01:38 PM
    Can some one help me out what i have to do in my specific case.

    I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?

    Please help me.


    I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.



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  • madanreddy
    03-14 08:09 PM
    I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.

    flight tickets! If they pay my pay checks I will be happy.

    Only mistake I did was to follow rules :)





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  • parvezns
    01-17 07:36 PM
    Hey All,

    I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

    Recently, I got my H1b visa extension until 2012.

    I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

    I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

    I do hav an employment verification letter obtained from my manager at end client "X".

    I am planning to do my visa stamping while in Mumbai. I have 4 questions :

    1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
    do you recommend me to go to Mumbai for new visa stamping ?

    2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
    Any advice ????????

    3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

    4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

    I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.



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  • bindas74
    03-25 10:28 PM
    ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

    Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

    Look at my other thread as an example.

    Hopefully you resolve it fast

    I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
    1) I am with the same employer since I applied for my GC
    2) Still on H1B
    3) No AC21
    4) With a very good company ( medium sized) which never laid off any employees so far
    5) Not a labour substitution

    I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
    But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case





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  • GCVoice
    12-20 10:45 AM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice



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  • rnanchal
    12-09 01:27 PM
    Time for the infighting, squabling, derogatory remarks and narrow mindedness to reach new heights





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  • amitjoey
    04-13 06:16 PM
    We have some talented hardworking young men & women who are always on top of things. This group of wo/men are IV-Core. They know all the bills that are being introduced, and definately IV will support whichever one (beneficial to us) if/when it comes out (Either House/Senate). But the thing to remember is that there is a long procedure. Just because of introduction, dosent mean they would be on calendar.
    Some of these bills are place-holders, some of these are just like pressure building tactics, and some are to please some big lobby (High-tech employers lobby) that "look I got the bill introduced", I care. Dosent mean that it will be on calendar. Lots of these so called bills, never make it to the calendar. It might be that one or two may get bundled into CIR.
    NOW. The most important thing for us is to not get excited that this bill, or that bill has gotten introduced. We need to build on it and raise awareness. Not on the forum but by meeting our lawmakers. When lawmakers in all 50 states get some feedback one-to-one meeting with IV members, that will get them thinking. Some of them do not know that these bills are being introduced and mayget introduced.
    It is our goal to highlight that this will help us, so when they go back they pay attention to our issues.
    So if you havent scheduled a meeting with your congressmen, do it. Leave all the rest to the core team. They are already doing the needfull.



    We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.

    a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.

    b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.

    c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.

    In conclusion IV should definitely support this Bill.



    $20 per month.

    EB2 - PD Jan 05





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  • hopefulgc
    01-30 03:48 PM
    I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
    After all, its a good way to put the fitting GC pain to rest.



    How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.





    burnt
    05-28 02:13 PM
    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris


    Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
    I personally don't know of any such case. And if you don't have such a case, then please do not scare people.





    arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A



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