Tuesday, June 28, 2011

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  • delax
    12-17 10:18 AM
    Was a little disillusioned with the whole name check process and I called USCIS yesterday. My wife cleared her name check, but mine is pending. It was initiated for both of us on Sept 26. I am not worried at all although it would not be true if I said that I was never worried.

    This is an irrational, unscientific and to a great extent arbitrary process - and by that I mean the entire green card process. Added to that is the never ending desire to beat the process - read labor substitution and PD porting. I have neither tried it nor do I intend to do it. Before people start piling on and I get accused of a holier than thou attitude, I am only expressing an opinion (not a value judgement) in an open forum. The last time I checked, a forum was meant to do just that.

    Objectively thinking my emotional stability and that of my family is a lot dearer than a piece of plastic, especially when none of the steps in the process are within my control.

    Yes I can contribute, lobby, send letters etc and make an attempt to get the process under my control - but I think its an indvidual decision whether someone wants to contribute, lobby, write letters etc - I did attend the DC rally though. Obviously the opportunity to express my opinion here has been provided by IV and I am grateful for that.

    All that I care about right now is to make sure my wife graduates from school, is able to work, we can travel as a family and enjoy this country. The rest is like trying to find two grains of wheat in two bushels of chaff.

    Just my 2 cents - Good luck with your green card process.




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  • sparklinks
    09-05 01:03 PM
    sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.

    Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.

    Good luck.

    Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA




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  • reddog
    07-06 07:39 PM
    I still havent received the date when my app was sent(lawyer sent it)




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  • desi3933
    07-10 12:44 PM
    .....
    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?


    Permanent means job that is for for a term of indefinite or unlimited duration.
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf



    .....
    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    AC-21 is not just for changing GC employer.
    AC-21 is for
    1. H-1B portability - starting new H1-B immediately after filing opf new petition
    2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
    3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.

    Do not confuse existing H-1B job with future GC job.

    H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says

    The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.

    On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)



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  • EB3_SEP04
    08-12 06:20 PM
    Just got an email that EAD card production ordered
    when did u file? Paper filed to Texas (as the thread title says)?




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  • senthil1
    03-09 02:44 PM
    Actually everyone should get copy of the receipts from DOL or INS whenever company received and also they should communicate to the lawyer every 3 months to get the status. Atleast the errors due to company or Lawyers should be avoided. One may not have much control after it goes to INS or DOL but persons make sure that everything filed properly. Some lawyers promtly send copies of all the communications both inbound and outbound. That will give gc applicants chance to review the various process and they can try to correct if any discrepancy or errors


    Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..



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  • Santosh_gc
    06-25 05:23 PM
    I am sorry to say this but I am not at all surprised that CIR may not pass. Every American I know has called his/her Senator to tell them that they wont vote for them if they vote for amnesty. And that is expected since all they know about CIR is that it is an amnesty for illegal immigrants. I would have done the same thing if I was in their shoes.

    I dont know if I should be happy or sad that CIR will not pass.

    I am sad since this will affect legal people waiting to get their EAD card and other such issues that IV is fighting for.

    I am happy because illegals will not get amnesty. That would be a slap in our face. It would have also led to the meltdown of the immigration machine which cant handle the current workload without bungling it up.

    Maybe the failure of CIR will let us redirect our our efforts so we focus on a bill which specifically addresses the issues of LEGAl immigrants and we dont get tarnished by the illegal immigrants issues.

    santosh




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  • sunny1000
    07-08 08:08 PM
    The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.

    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    ------------------------------------------------------
    explainer: Answers to your questions about the news.
    Do Noncitizens Have Constitutional Rights?
    Chris Suellentrop
    Posted Thursday, Sept. 27, 2001, at 5:47 PM ET

    Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?

    Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)

    But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

    In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."

    Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").

    On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.

    Next question?

    Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
    -----------------------------------------------------------------



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  • simple1
    05-05 02:57 AM
    Agreed it is the state dept not uscis.

    We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.

    Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
    --
    * eb 2/3 generally require perm except for very rare cases. right ?
    The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)

    * State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?

    Is state dept making mistake ?
    --




    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.




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  • at0474
    03-26 10:46 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2


    --Sounds good coming from you BP! You seem to have played with past statistics of EB3/EB2 categories. One question though. When you say NC, do you mean Name Check? I thought that was not a hurdle to get GC anymore. Unless ofcourse they find out something deragatory in the background later on, they might repeal your GC etc., Correct me if I am wrong, why 10% in NC????



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  • bayarea07
    09-16 06:03 PM
    Nothing really matters as of now, what does matter is this

    http://immigrationvoice.org/forum/showthread.php?t=21393

    So Please Call


    This is for the non-believers like Mr.Lord




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  • gc_lover
    07-02 08:39 AM
    Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.

    Anyone know if they accept packages on Saturday?



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  • hopefulgc
    10-09 10:57 AM
    People,
    no offense .. but what kind of crack are we all on?
    what ever happened to queuing theory?
    Visa number assignment is a classical queuing case that can be solved even by a newborn who fires a projectile pee without warning.

    and yes as long as we are all stating what we want..
    I want three parle-g biscuits with garma garam chai.


    It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.




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  • ravi190372
    08-28 10:28 PM
    gc_on_demand , are you with a desi consulting firm or with a US software company



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  • Murthy
    11-19 04:36 PM
    Please contact members of congress by clicking on the action alert below.

    It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.

    ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)

    Please spread the word everywhere for more participation

    Please post on this thread once you have sent the email. Keep this thread up for the next few days.

    I sent it and got receipt confirmation e-mails from Senator Robert P. Casey, Jr. and Congressman Joe Sestak.But I never got copy of e-mail to my inbox.
    Regards
    Murthy




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  • eastwest
    04-21 03:50 PM
    Here is what you do,

    1. Do not talk to them on phone
    2. Send them a letter stating keeping your salary is against law. If they think you owe them the money, send you a letter explaining why they think the money is owed and how much, state that filing of labor is a cost to the company and not to the employee as per DOL
    3. Give them a time limit of 30 days.
    4. Ask them to send all the correspondence to your home address.
    5. Send them a letter with some kind signature rcpt.

    Wait and see, If they have a real claim then they will respond to you otherwise they will send your money.



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  • mhathi
    10-08 02:55 PM
    Nothing is as easy as it seems. Even for a small ask item, there is a lot we have to invest. If people show up for chapter meetings, come for lobby day and rally, contribute and volunteer for the cause.. then we can increase our chances of success.

    I looked at the profiles of people on this thread and a lot have not even completed their profile information. While we want IV to do things for us, we do not want to do what IV asks us to do. One cannot expect to get things done by anonymously posting a want list and expecting others to do the job for them.

    If anyone wants their ideas to be the agenda of IV, they must come forward and get active in the state chapter. Through state chapters you will know the updates and have an opportunity to help, suggest and even lead your ideas in IV.

    Well said! Guys, people who say "IV should have this and that as topmist priority", remember that IV is a GRASSROOTS organization. Which means that if you want something to be on IV agenda, take the leadership for that item in your state chapter and lead it yourself. IV is not some big corporate or government entity that has a board of directors. IV is YOU and ME.




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  • reddymjm
    05-05 09:38 AM
    Just because i gave my predictions which were not favorable to the person, Someone gave me a red.:mad: Guys take it sportively, We are just doing a prediction games, If someone predicts dates which is favorable or unfavorable doesn't mean USCIS / State dept will use the same dates, They will use what is on their minds.

    By the way the guy gave me comment EB3 india will be June 2002 funny

    whats funny in that. As you said it is just a prediction...




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  • GCStatus
    09-16 04:38 PM
    I can pledge around 200-250 for this.

    Go IV!!

    Do it, Just do it




    dtekkedil
    07-03 12:34 PM
    Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -

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    visli_com
    02-18 07:41 PM
    Tomorrow will be my FP at santa ana,ca , my case was nsc->csc->nsc. 2nd july filer.



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