Macaca
08-12 11:17 AM
From Immigration rules may hurt economy (http://immigrationvoice.org/forum/showpost.php?p=144955&postcount=66) Crackdown on employers could cause havoc in agriculture, healthcare and other industries, Chertoff acknowledges By Nicole Gaouette (nicole.gaouette@latimes.com ), Los Angeles Times Staff Writer, August 11, 2007
Others expressed skepticism about the Department of Homeland Security's ability to enforce the measures, pointing out that the department cannot even come up with the number of high-skilled visa-holders in the country. "The agency that can't count is now going to go on this enforcement gig," said Rep. Zoe Lofgren (D-San Jose), chairwoman of the House immigration subcommittee. "We'll see how they do."
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type, and stated (at p. 7):
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive. (page 13)
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. (page 13)
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty. (page 13)
Others expressed skepticism about the Department of Homeland Security's ability to enforce the measures, pointing out that the department cannot even come up with the number of high-skilled visa-holders in the country. "The agency that can't count is now going to go on this enforcement gig," said Rep. Zoe Lofgren (D-San Jose), chairwoman of the House immigration subcommittee. "We'll see how they do."
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type, and stated (at p. 7):
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive. (page 13)
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. (page 13)
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty. (page 13)
wallpaper Mary Kate Olsen
superdoc
09-20 02:37 PM
If LOA can stop the old employer from revoking I-140, I would say, go for it. But just make sure you don't land into any other trouble (like non-competent etc. just an example, may not be relevant in your case, but you get the idea...).
Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.
DISCLAIMER: I am not an Attorney and this is not a legal advice
the new company has no clue about visa/h1/gc issues. they have never hired a "brown" guy and they do not even know that i am on ead..even if i told them they wouldn't know wht to make of it..so the only letters i can get will be generic letters stating my occupation and salary with a very brief description of duties. i know someone said loa is not a good idea but i think it just gives me a back up.
thanks evryonr for responses..
Also, discuss with the new employer and make sure they are ok with supporting you in case of an RFE. From your response, looks like they might know what it is. What I can think of is, consult an attorney and discuss what kinda RFEs you can get that needs employer help (mostly EVL, ability to pay), prepare a sample response letter for both and check with the new employer they are ok with providing them if necessary.
DISCLAIMER: I am not an Attorney and this is not a legal advice
the new company has no clue about visa/h1/gc issues. they have never hired a "brown" guy and they do not even know that i am on ead..even if i told them they wouldn't know wht to make of it..so the only letters i can get will be generic letters stating my occupation and salary with a very brief description of duties. i know someone said loa is not a good idea but i think it just gives me a back up.
thanks evryonr for responses..
alterego
12-16 01:15 PM
Anyone reading this thread who was able to file the 485 in the July/Aug window. These questions are particularly directed at you. I know some of them are rhetorical, but I want to provoke a little thought.
1) Do you consider this(having filed 485) to be a better situation for yourself and your family?
2) Do you consider that IV advocacy and lobbying, flower power, media attention etc played a large role in this reversal?
3) If instead of what happened, they had instituted a policy where you could file 485 while retrogressed if you pay a $1000 extra filing fee per petition. Would you not have done it?
4) If you answered yes to all the above questions, Can you find it in you to do the honorable thing and contribute something, to say thank you.
We had atleast 320K 485 filings, if just 10% of these people contributed something, anything at all, money would not be an issue. Why is this not happening? There should simply have been a better response to the request for donations. Forget about the other guy, you just do your part, even if you did not do it before you benefited, do it after you did. Do it because it is right. Do it because, the more you do the better your chance to get further. Remember nothing invested, nothing gained.
1) Do you consider this(having filed 485) to be a better situation for yourself and your family?
2) Do you consider that IV advocacy and lobbying, flower power, media attention etc played a large role in this reversal?
3) If instead of what happened, they had instituted a policy where you could file 485 while retrogressed if you pay a $1000 extra filing fee per petition. Would you not have done it?
4) If you answered yes to all the above questions, Can you find it in you to do the honorable thing and contribute something, to say thank you.
We had atleast 320K 485 filings, if just 10% of these people contributed something, anything at all, money would not be an issue. Why is this not happening? There should simply have been a better response to the request for donations. Forget about the other guy, you just do your part, even if you did not do it before you benefited, do it after you did. Do it because it is right. Do it because, the more you do the better your chance to get further. Remember nothing invested, nothing gained.
2011 Super Skinny Celebs Gone Too
dionysus
07-10 12:50 AM
CIS director is saying that he has made arrangements to pass on the flowers set to CIS office to the US war-wounded soldiers.
I think we should start a blood donation campaign to impress upon him that aspiring immigrants will not be found lacking in caring for the US army soldiers.
Any thoughts?
I think we should start a blood donation campaign to impress upon him that aspiring immigrants will not be found lacking in caring for the US army soldiers.
Any thoughts?
more...
alterego
10-03 07:37 PM
http://immigrationvoice.org/forum/showthread.php?t=21833
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the best. The Nov. Visa bulletin will be confirmatory.
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the best. The Nov. Visa bulletin will be confirmatory.
rameshvaid
03-15 09:49 PM
Dude, I am telling you again. Expungement will not help him w.r.t immigration matters (which includes entering USA).
Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.
He need not to declrae at the POE unless he is asked for..
RV
Even when he gets his criminal record expunged, for all immigration matters, he needs to provide information about his conviction and an explanation.
He need not to declrae at the POE unless he is asked for..
RV
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abhijitp
07-20 05:03 PM
If you look at THOMAS it actually shows that Yeas are 55 and Nays are 40
So the bill passed the voting ....
but it failed because it was ruled "out-of-order" and hence rejected ...
I dont know why it was ruled out of order ... maybe because it was attached to the defence spending bill so it was not the right place to put in this kind of amendment....
I hope that Yeas mean YES and Nay mean "NO" or I need to get my head examined
I noticed it too but thought it is a typoe, what's "OUT OF ORDER"
So the bill passed the voting ....
but it failed because it was ruled "out-of-order" and hence rejected ...
I dont know why it was ruled out of order ... maybe because it was attached to the defence spending bill so it was not the right place to put in this kind of amendment....
I hope that Yeas mean YES and Nay mean "NO" or I need to get my head examined
I noticed it too but thought it is a typoe, what's "OUT OF ORDER"
2010 Mary Kate is a fashion icon
cendra
10-11 08:29 AM
Hello,
I am new to this site and had a question about the Nov. bulletin that maybe someone might be able to answer. I am EB3 ROW and I am still not able to submit my I-140 + I-485 concurrently by 5 days (my PD is July 5, 2002).
Do you expect the EB3 ROW dates to move forward at all in the Dec. bulletin?
I just need to know because my lawyer is pressuring me to submit my I-140 not concurrently, but I wondered if I just should wait for a month.
Thanks in advance for your help!
I am new to this site and had a question about the Nov. bulletin that maybe someone might be able to answer. I am EB3 ROW and I am still not able to submit my I-140 + I-485 concurrently by 5 days (my PD is July 5, 2002).
Do you expect the EB3 ROW dates to move forward at all in the Dec. bulletin?
I just need to know because my lawyer is pressuring me to submit my I-140 not concurrently, but I wondered if I just should wait for a month.
Thanks in advance for your help!
more...
ckichannagari
02-10 01:02 PM
Just signed up for $20 monthly contribution.
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I really appreciate the work of core team taking time out of their personal life along with their daily job - thank you taking additional responsibility for the cause of skilled professionals.
ID #02683679W21836151
I really appreciate the work of core team taking time out of their personal life along with their daily job - thank you taking additional responsibility for the cause of skilled professionals.
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ashishgour
05-28 05:29 PM
2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)
The hearing is scheduled for next wednesday..
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
The hearing is scheduled for next wednesday..
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
more...
senthil
11-03 06:15 PM
1) I would go with travelers cheq's like "srinithati" mentioned. That way it wont be a problem asking someone to bring along with them when travelling from India to USA
2) If you still have any money on your NRI account , check to see if its re-patriatable type. If you what-ever money you have on you URI account ( except the minimum balance you might need to keep you can convert back to dollars.
3) May eb we should think about Hawala ( India -> USA ) due to these conversion rates
2) If you still have any money on your NRI account , check to see if its re-patriatable type. If you what-ever money you have on you URI account ( except the minimum balance you might need to keep you can convert back to dollars.
3) May eb we should think about Hawala ( India -> USA ) due to these conversion rates
hot Picture: Mary Kate Olsen and
nrk
08-11 10:45 AM
Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)
Take an info pass appointment to get more details if it is close to you.
Well I jumped a little too early :) and opened a SR in July. The following is the response I received:
================================================== ========
The status of this service request is:
The Service is waiting for VISA availability. Once a VISA becomes available allow additional time for your application to be reviewed by an Officer and you will be notified as soon as a decision is made
================================================== ========
It is less than 60 days old status now and hence cant open a SR for 1.5 months :)
BTW, it has been over 2.5 months now and my AP hasnt been approved yet :mad:
Take an info pass appointment to get more details if it is close to you.
Well I jumped a little too early :) and opened a SR in July. The following is the response I received:
================================================== ========
The status of this service request is:
The Service is waiting for VISA availability. Once a VISA becomes available allow additional time for your application to be reviewed by an Officer and you will be notified as soon as a decision is made
================================================== ========
It is less than 60 days old status now and hence cant open a SR for 1.5 months :)
BTW, it has been over 2.5 months now and my AP hasnt been approved yet :mad:
more...
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theMan
06-14 03:29 PM
Even my 140 was filed with CP. My PD was current last month. I filed my 485 (AOS) last week. As per my attorney if CP is specified in your 140, you have 2 options. You can file CP or AOS. You can just file for AOS. No need to convert. But AOS is speicifed in your 140 and want to convert to CP. Thank you need to file some form.
Thanks for the update. I received the same answer from my attorney as well.
Thanks for the update. I received the same answer from my attorney as well.
tattoo Mary Kate Olsen in Denim
.jpg "Ashley and Mary-Kate Olsen")
red200
02-05 11:52 PM
Sorry to hear about it.
Was there a RFE about any thing ?
Was there a RFE about any thing ?
more...
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kak1978
06-25 11:23 AM
May be some one who has already renewed their AP can answer this:
I am about to renew my AP. What will be the start date on the new AP. Is it the date after the current AP expires(like with EAD) or the date the renewal application is approved. Appreciate any responses.
Can someone answer this please.
Thank you.
I am about to renew my AP. What will be the start date on the new AP. Is it the date after the current AP expires(like with EAD) or the date the renewal application is approved. Appreciate any responses.
Can someone answer this please.
Thank you.
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forever
06-12 08:31 PM
I agree with the analysis given by willwin. In fact, I was thinking on similar lines. If no visas are wasted and total number of pending employment based visas is around 200,000 as given by Mr. Op.. himself, I do not see any reason why dates do not move. My estimation is both EB-2 and EB-3 dates for China and India will hover in the range of 2005 ~ 2006. This estimation is based on number of applications filed during Pre-PERM and Post-PERM era with two recessions taking the toll on number of applications received by USCIS.
Only assumptions in the above analysis are
1. Figures given by Mr. Op.. is somewhat correct. (Seems to be correct based on monthly statistics released by USCIS since 2008)
2. USCIS does not intend to waste visas.(This also can be safely assumed as they are following the policy of not wasting for the last two years)
3.No country limit. (This seems correct if point 2 is correct)
Now guys, do not disturb my dream.:)
Only assumptions in the above analysis are
1. Figures given by Mr. Op.. is somewhat correct. (Seems to be correct based on monthly statistics released by USCIS since 2008)
2. USCIS does not intend to waste visas.(This also can be safely assumed as they are following the policy of not wasting for the last two years)
3.No country limit. (This seems correct if point 2 is correct)
Now guys, do not disturb my dream.:)
more...
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go2roomshare
07-09 02:52 PM
What do you mean by working? Is this just your idea or you have some information on the effects of this campaign?
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this
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krithi
03-27 11:18 AM
stop this prediction crap.
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jayz
07-02 01:28 AM
You can find the link on the US Consulate website for Mumbai, under appointment information.
nav_kri
12-31 01:22 PM
So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
kss
01-17 09:03 AM
Did my part. Made a donation of $121.00 and encourage others in the similar situation to do the same to help us get out of this misery.
Keep up the good work.
Keep up the good work.
