Monday, June 13, 2011

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  • gsc999
    07-17 08:11 PM
    Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...
    -
    Exactly!

    Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.

    I guess, there is lot of frustration and anger which maybe clouding judgement.




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  • srkamath
    07-15 02:29 PM
    exactly same thing with me...

    It depends on the occupation, obviously for a welder or cook level II will be pretty low. For say a mechanical or electrical engineer or physicist - entry-level position requiring a MS degree the max level will be level II.
    For positions requiring PhD or MS+experience it will be Level III or IV.

    In conclusion, an applicant for such a position can be classified as EB2 even if wage is at Level II.
    Level I can never be EB2.

    To get the most accurate information, pls filter only Level I and occupations like cooks, welders, technicians. USCIS has been reluctant to approve EB2 for "computer programmers", they have approved EB2 for other advanced computer-related professions




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  • bekugc
    06-04 08:15 PM
    still waiting for an answer to my earlier qn...anybody else in same boat with an answer.?

    ************************************************** *****
    when 485 pending pple r requesting AP to travel out and return back.

    the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
    in part 7 of the application --> can it be left empty???

    since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
    ************************************************** *****

    thanks




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  • eastindia
    01-12 01:14 PM
    Sorry eastindia but you are plain wrong. The US is not East India Company.

    Here are the facts about the US checks and balances:

    1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
    2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
    3. The Supreme court can overrule its own rulings.
    4. Congress can rewrite a law to conform with Constitutional standards.
    5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).

    If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.

    The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.

    You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?

    There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?

    This talk about lawsuit is all gas.



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  • rambo45
    07-02 11:37 AM
    Looks like the Congressman's (Rep. Lamar Smith) office is getting bogged down by the calls.

    I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.

    Any pointers, information as to what may be happening?




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  • newuser
    06-27 09:23 AM
    Got my approval but my spouse hasn't yet received one.

    We e-filed it together through the same account. My LIN was constantly getting updated with the status but not my husband. I also received the notification when my application was approved. I got my approval in the mail today too (about 1 month turnaround time) .But we haven't received any notification on my husband's case. And the online status hasn't changed either. Did anybody else face this? Not sure how to follow-up. Any pointers?

    Call the 1-800 number in the approval notice and select the options 1->7->4->3 and they will be able to help check the status of the application. You need the receipt no when you call them



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  • bluekayal
    03-17 10:54 AM
    SEC. 405. STUDENT VISAS.

    (a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

    (1) in clause (i)--

    (A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

    `(I)';

    (B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

    (C) by striking the comma at the end and inserting the following: `; or

    `(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

    (2) in clause (ii)--

    (A) by inserting `or (iv)' after `clause (i)'; and

    (B) by striking `, and' and inserting a semicolon;

    (3) in clause (iii), by adding `and' at the end; and

    (4) by adding at the end the following:

    `(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

    (b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

    (c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

    (1) by inserting before paragraph (1) the following:

    `(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

    (2) by adding at the end the following:

    `(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

    `(A) during the intended period of study in a graduate program described in such section;

    `(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

    `(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

    (d) Off Campus Work Authorization for Foreign Students-

    (1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

    (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

    (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

    (i) has spent at least 21 days recruiting United States citizens to fill the position; and

    (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

    (I) the actual wage level for the occupation at the place of employment; or

    (II) the prevailing wage level for the occupation in the area of employment; and

    (C) the alien will not be employed more than--

    (i) 20 hours per week during the academic term; or

    (ii) 40 hours per week during vacation periods and between academic terms.

    (2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

    (e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

    `(a) Authorization-

    `(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

    `(A) the alien makes an application for such adjustment;

    `(B) the alien is eligible to receive an immigrant visa;

    `(C) the alien is admissible to the United States for permanent residence; and

    `(D) an immigrant visa is immediately available to the alien at the time the application is filed.

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

    (f) Use of Fees-

    (1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

    (2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

    1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.




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  • cagedcactus
    10-10 09:51 AM
    great then, we welcome you to the group.
    Lets collect as many as possible, then we can do a final count.

    It seems that if we are in ballpark of 20, we will meet at the community center. With grace, if we are more, we can modify the place a bit.

    I am glad to see the responses.... lets spread the words...... bring co workers and friends whoare stuck too....



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  • starscream
    06-20 10:58 AM
    Even if big companies r ready to pay that kind of money for H1B employees - almost all the big companies - not just the tech ones - almost all depend on the body shops to provide contract labor- just think of it - banks, insurance companies, telecom, IT, utilities - take the example of just new York city - half of Wall street depend on these bodyshops for software labor - if majority of the body shops close down - this labor supply will be stifled and that will pinch the users of this labor supply - so extreme restrictions will not help the industry as a whole..eventually I think these Sanders/Durbin restrictions will be watered down - in case the bill passes the whole COngress




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  • aspiration
    06-24 10:48 AM
    Any updates?



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  • agiridhar
    06-13 12:51 PM
    A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
    Legally you can start working for company B once you get the receipt.

    think there is no limitation on number of H1's filed for one. so you can go back to company A for the H1 or go to a new company C for that matter.

    and as always get a lawyers opinion.




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  • Narayan
    08-14 12:28 AM
    DO NOT use Philip Sheldon & Associates in Long Beach California. Screwed up our case and did not file in time.. Very unresponsive.



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  • ramus
    06-13 08:24 PM
    We have more then 1000 members online..

    Should we start our fund drive..

    Just kidding but won't hurt to do it though as everybody is so happy..



    for your contribution:)




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  • Hope_GC
    05-17 10:30 PM
    Done- Took Less than a minute



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  • NolaIndian32
    04-28 01:09 PM
    Receipt ID: 4KS023989J641422B

    Thanks rp0ol!!

    We appreciate your support and contribution!

    Go IV




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  • mirage
    06-26 09:01 AM
    In this big black hole we are alone, not the govt. nor the lawyers really care for what goes with us. USCIS is just a money making machine for the govt. Rules are made complex and there are several layers of forms. I wonder why a person should go thru 2 stages before filing for I-485. Or why they have 5 different forms filled Labor/I-140/I-485/I-760/I-131 blah blah blah when they could just do it with 1 form like any other country have or may be 2 layers, labor and I-1485. There's no logic of having to file I-140/I-760/I-131. It's all money game...

    AILA does not care about people its an organization to take care of lawyer's interest. When you file every year the lawyer can make money every year. So be rest assured they will make some noises but will not bite USCIS.



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  • mariner5555
    03-14 02:12 PM
    Nobody is talking because that suffering period and criteria and reasons all over. Nowonwards you will see the effects of what happened in 2002-2004.EB3-I the slowest in the group is at Oct 2001. So Forget Apr 2001.
    o.k..I read some of your old posts (but not thorougly) and I was confused (I guess you have done lot of research) - so can you explain again ?
    in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
    I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
    would appreciate yr reply ..Thanks !!




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  • gc78
    05-01 03:13 PM
    Just made a $100 contribution. Receipt ID: 5GJ663284A268972P.




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  • jungalee43
    09-28 11:36 AM
    By waiting you are doing the same mistake that I did last year. My AC21 RFE was mailed to my previous employer's attorney. They promptly mailed it to me. But I did not get it for one month. In the mean while my priority date became current and I thought that attorney was playing games with me.
    After waiting for one month I went to my post office and lodged a written complaint. In two hours the notice popped up in my mail box.
    What had happened was that the mail man had simply delivered the notice in mail box 5617 instead of 5616 and no one was living in apartment 5617 and no one picked it up.
    By the way, with that much delay I missed the 2007 bus.

    My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.

    Still not received anything.

    Not sure what to do except waiting.

    Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks




    bharad
    07-09 03:05 PM
    Can you send multiple applications in the same package.

    Coz. my attorney gave me a tracking number and there are almost 4 names in the reference section of the Fedex Online Tracking System.




    RNGC
    09-20 08:04 PM
    Any thoughts on organizing rallys state capitals ?

    Good Idea...I had the same thought.....

    We should do this rally in all the 52(?) states on one day to make it more historic!....This way the Local State chapters will get motivated and media will always be there on the state capital.....

    Ideal would be a Friday afternoon....So people who don't want to take a day off, can just take few hours off and drive to the rally location...

    People/Media will forget these rallies very soon, Once some OJ news comes up....we should keep on knocking the door!!! crying baby gets milk :) ....lets keep trying till our goals met!



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