Sunday, June 12, 2011

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  • amitjoey
    02-08 03:44 PM
    Get copies of your 140 approval and labor filing papers. Look for a job and transfer h1b , you will get 3 years transfer/extension based on yiour approved 140.
    Once you settle down in your new job, apply for new Labor in PERM (preferably EB2) , and you can port your earlier priority date.

    Yes, thats true. I was wrong in mentioning April 2008. You might get a new H1 for 3 years based on approved I-140




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  • gc_buddy
    12-19 07:49 PM
    Happy for you Prince.. Congrats !!!

    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince




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  • ingegarcia
    06-14 09:41 AM
    Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +

    My case is also like you but my Labor was 2 years old and applied just
    before PERM and it went straightway to Phily Backlog center ... I thought
    of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)

    Did you check your status in Backlog tracker ??

    http://pds.pbls.doleta.gov/

    Sometimes it does not depend on you, I am in Backlog due to my company's lawyer does not want to file for PERM :mad: . Anyway I am changing jobs and starting again but this time with PERM. :D




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  • satishku_2000
    06-10 05:26 AM
    First of all, it is not "my" case. I have been waiting in line for my green card for the past 5 years with my labor stuck in BEC. So, under the current CIR draft, I will be one of the biggest losers as I have not filed for my I-140 and so, my whole application will go down the drain after 5 years of time, money, energy and emotional stress.

    How do you come with a math where I will be able to get a GC immediately after 5 years if I apply under the points system? Did you even read the draft bill? How will I or anybody else for that matter, manage for next 5 years without a GC when they are squeezing out the H1B (fee increase, removal of dual intent etc)?? Next would be the per country hard quota that will put us in an eternally long line.

    I would definitely compare the current mess of a EB based system with the untested point system and take the current system any time as it is a known devil. The merit system is no angel either. Atleast in the current system, if I wait long enough, I know that my turn will come.

    How do you know that process delay would be minimal? USCIS's current delay is not because of process, it is because of the sheer volume of applications and lack of man power. The PERM system takes one month. If you pay premium processing, it takes them 15 days to clear your I-140. So, where is the delay in process? All the delay is from the past backlogs which this bill fails to address and at the I-485 stage where they have to do background checks. That will exist in the points system as well. After you discover the problems in the point system, what will you do then? Ask for another CIR bill??

    You don't have to tell what "my" case is. I live my case...

    Well said buddy , some people have condescending attitude towards rest of the people. The applications which are pending for past 5 or 6 years will be just thrown in the trash and asked to goto a new point system which will not be available until 2 more years and how the heck one is supposed to get h1 extension.

    Hope your labor gets cleared soon and will be able to file 140 and 485 before this mess gets anywhere ...



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  • PD073102VA
    03-19 05:16 PM
    Will advanced degree holder need labor certification?

    I think they will. Here is how the new labor certification clause will read:

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor,

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession
    (II) has exceptional ability in the sciences or the arts; or
    (III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.

    Source: Official Senator Frist's Bill http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109BRbYkn:e244507:
    INA Act 212 http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-2112?f=templates&fn=document-frame.htm

    So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.

    Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.




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  • BharatPremi
    03-14 01:53 PM
    I agree porting to EB2 will be much faster.

    :) Those days are gone...



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  • H1bslave
    11-15 04:01 PM
    Doesn't it sound rude... they celebrate, feast and we fast. If we admire this country for giving us so much we should also show our support and adopt the culture and celebrate with them to show we are tax paying Americans who enjoy in American way.

    We can show our protest by sending 1-wish for our own GC ( may be in the form of Christmas tree ornament) to all law makers. Everybody makes a wish and our wish is GC.




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  • abhijitp
    11-15 07:15 PM
    I totally understand the push from IV to encourage state chapters and build grassroots strength to this movement.

    Join the state chapter : IV does not have a state chapter in the state I live in - Nebraska,: So I thought I would start one and wrote to IV ...after initial response from IV , there has been no progress .

    Start contributing: I have already contributed $100 and will contribute further as and when I can.

    Volunteer for IV: Volunteered to start the state chapter.

    Well I have done my bit so hopefully I will not be disparaged for making comments on this issue,

    Singlemost big bottleneck is lack of "Visa Numbers"...

    485 applications pending :~340,000( ~ 320,000(recent flood) + ~20,000 SWAG on previously pending ).

    visa numbers have been lost in the recent past - ~200,000 (This is the number thrown around)

    Visa numbers available if we recapture :~340,000 (200,000 + 140,000 of this years quota)

    So, if we had not lost those numbers, retrogression would be minimal/reasonable.

    We could have even accommodated the skewness of India & china numbers, because each year India & China would have been benefitted by unused ROW numbers.

    From my above understanding, the quota(140,000) fixed seems to be fine/reasonable, though per country quota is extremely unrealistic. But even this will not hurt much as long as unused numbers are used up by year end.

    IMHO, demanding recapture is more an easy/winnable/achievable argument than the one to raise the quota itself .

    Because the reason the visa numbers were lost is purely due to incompetencies of two federal institutions. State Dept and USCIS.

    For two and half years (05 - 07 June) they artificially retrogressed the dates
    way back to 1999 - 2001.

    This prevented any approvals and new applications even though plenty of visa numbers were available(~ 200,000 cumulative).

    For congress/senate it is easy to make their case for recapture citing incompetencies of these institutions rather than making case for "INCREASE" in numbers.

    Many ways to achieve this objective- Ask for increase and settle for recapture.

    Anyway - My point is Recapture will solve most of our problems and we should channel most of our resources to achieve this objective.

    Great initiative setting up your state chapter! Thanks, and good luck!

    Now, recapturing wasted visa numbers is (IMO) obviously on the agenda. However, as you know almost everything has to happen via a change in the legislation. This is doable, but will require months, if not years, of careful planning and execution. That is why the need to strengthen the organization at the grass roots level.
    Appreciate your post, thanks!



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  • redgreen
    05-13 03:45 PM
    USCIS is clearly requesting for two passport size photos with AP application.
    It is surprising that most people don't even read basic instructions with the USCIS forms, and go on asking questions and sometimes giving (wrong) suggestions in IV. Yeah, it takes a few minutes to look through the instructions but searching/writing/replying/ doubting/making mistakes/giving red dots/ etc in IV takes more time, I think. :)

    I e-file my AP and I got receipt notice immediately after completion of e-file. And I got the direction on the PDF listed bellow. USCIS clearly mentioned DO NOT send Copy of ID, Photos unless they requested. That�s why I didn't send any documents to USCIS.



    6) DO NOT mail photos or copies of identification unless requested to do so by USCIS.[/COLOR]




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  • Sunx_2004
    07-17 02:09 PM
    If you file today it will be past october when you have to choose between EB2 and EB3 (I485 stage for EB2) till that time you have both the process going on EB2 and EB3.
    If you start EB2 process in October it will take 6 to 9 months to clear labor and I 140..

    I wouldn't make that decision until Oct of 2008.
    My personal opinion and analysis tell me that EB2 will soon get retrogressed from what it is today and the picture will not be that rosy in a couple of months.

    I would wait until Oct 2008 and see what kind of visa numbers are available at that time for EB2 and EB3 and them make any decision on switching.

    Again..just my opinion.



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  • pappu
    05-19 01:07 PM
    Dear Members,

    We have worked hard in the last 4 years and have made some progress along the way Immigration Voice Achievements (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47) But Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.

    Our angst, our insecurity:

    Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.

    Early effort wins:

    The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.

    How you can help:

    You and help in two different ways:

    Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.

    Contributing Funds to help finance the effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Many expenses tied to the travel of grassroots members from distant states is being expensed by Immigration Voice. So kindly contribute funds to this effort by clicking on this link. You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.

    Thank you.

    Immigration Voice. (www.immigrationvoice.org).




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  • Munna Bhai
    04-10 02:34 PM
    Does anybody know how long an H1B visa can remain valid (including grace period) after a layoff ? What I know, is an H1B technically becomes invalid the day you stop rendering your services to your employer. The firm's lawyer suggested me to file for B1/B2 visitors visa to avoid going out-of-status.

    If I do that, can I transfer my H1B visa (from B1B2) once I get a job? Or will I have to struggle against some quota?

    Can anybody suggest a good lawyer in New York City or near Hoboken, NJ who can help we with all this? I tried contacting Cyrus Mehta, but he seems to be booked for another week.

    Btw, thanks for the overwhelming response to my request for resources to find a job. While I am evaluating my options, please keep me in consideration for any openings that you see.

    Thanks.

    Technically there is no grace period. Get a job ASAP and you need 2 pay-stubs for transfer.You can even do without pay-stubs but you may have to go out for I-94. Best way is to transfer to B1/B2 and you can come back to H1b without any problem.



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  • Libra
    09-19 08:05 PM
    andy.......relax man.......they means senators who representing illegals not illegal immigrants.....chill out man.......no offence but you always say something -ve, dont know why

    If we support DREAM act, they will support SKIL bill.

    Who are they?, they do not have any voice or vote anywhere. They are ILLEGAL, they broke the law.




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  • brb2
    09-27 12:35 AM
    I think it is important to maintain diversity in the overall immigration. However the immigration law has never resulted in achieving diversity. In the period 1900-1910, immigrants came from Italy (22%), Austria (20%) and Russia (18%). In the 1950-1960 period Germany provided 20% of immigrants. In the 1991-2000 period Mexico provided almost 22% of immigrants. In the FY 2005, Mexico provided around 161,000 immigrants (around 17%) of immigrants. It is easy to fix a quota for those immigration categories where visa numbers are limited such as for employment. However spouses and minor children of naturalized citizens have no waiting period. So it will be very hard to control the immigration percentages based on country of origin unless there is a quota for US citizen spouses, and children of US citizens wantin to immigrate!

    The problem here is that we don't have a country quota for foreign students and H1Bs. Thus when these people try to become permanent residents then the quota's are applied and that is the core problem. My take is that country quota should not be applied for employment based immigration. Employers should not be forced in to an affirmative action plan but rather hire the right person for the job.

    Source for my above data, if you like to do some weekend reading:

    http://fpc.state.gov/documents/organization/92948.pdf



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  • ilikekilo
    05-29 08:02 PM
    here is the thing folks, until now I found no place where it details what exactly has happened. some people say they were racially discriminated, some say they didnt have transit visa...no one exactly says what has happened...

    that being said, I flew airfrance, as far as I remember, once and I swear i had no problems..attendants were every polite. Ofcourse on the ground in Paris, when I walked in to a store or whatever , the girl in the store just didnt ack' me when I was asking in English, who cares, I left the store. Other than that, no problems folks... but i do understand everyone would have a different experience...

    ps: I just cant believe that AF still replied to the comment/feedback to the OP's "stop racism you.....", wow! that was something..you gotta give credit atleast for that folks..




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  • eb2_immigrant
    10-27 05:14 PM
    Are we/employees really supposed to know all the steps involved in the approval of GC process (Perm, 140/EAD/485 etc.)?

    I work for one of the fortune 100 companies, to my surprise, none of my European colleagues is aware of all the GC process. All they do is just provide documents what ever the HR department asks for. They don�t pay from their pocket for GC (ideally correct). None of them has clue about priority date etc�.they get communicated by the HR department about their GC process.

    So putting your case in perspective. I am assuming that the HR department would just hand over the GC to the employee. Neither the HR (I think) nor the employee (definitely) would worry about the PD being current.

    Ideally if a law firm is point of contact for a petition, what would they do? Would they go back to USCIS and tell them that the GC is approved by mistake? I don�t think so but some one can confirm if they had experience otherwise.



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  • satishku_2000
    06-15 12:05 AM
    Great points. Is it possible for the primary applicant to continue on H1 and the secondary/dependant applicant apply for EAD?


    I have the same issue now , my h1b 6 years end in 2007 december , h1 extensions are granted only if the labor is pending for more than a year or dates are not current for 485 ...


    So I guess we are better of being on EAD rather than on H1B because of all the bad publicity associated with it now a days and kind of restrictions they are planning to bring on H1B.

    Even the dual intent is gonna be removed if the bill passes in its current form. Looks like senate is trying revive that unwanted baby called CIR ....

    Even if CIR fails , the chances of enacting 1035 on its are very high So in a nutshell its better to get to the 485 queue and wait so that they will start some preprocessing on 485 applications after year at least.

    All of us know that dates will move back and we have to get ready for that ..




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  • gc28262
    03-20 07:31 PM
    OP was never out of status as he was working for one of the employers on proper work authorization all the time. The only question is whether employer X canceled H1 ?Even if they didn't, it is employer's problem not OP's.

    Anyways it is better to respond to this query through a lawyer.




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  • Caliber
    05-20 08:56 AM
    Merchant
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    Description Unit price Qty Amount
    Donation to Support Immigration Voice (User: Caliber)
    $200.00 USD 1 $200.00 USD
    Subtotal $200.00 USD
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    Payment $200.00 USD
    Payment sent to donations@immigrationvoice.org




    immigrationvoice1
    03-14 04:28 PM
    If anyone starts tracking the life of a thread in IV forum, this thread has the highest possibility to stay "alive" for ever (no prizes for guessing why!):(




    irma05
    02-21 03:22 PM
    I mailed 21 letters ;)



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