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  • waitnwatch
    05-17 11:39 PM
    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?

    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.




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  • cinqsit
    10-31 12:23 PM
    I am trying to book an appointment at the chennai consulate through the vfs website.
    I fill in all the details on the DS 156 application and on hitting continue I do not seem to be getting the printable version with the bar code that we need to print and take to the consulate during the interview.
    Another thing is after clicking on continue I am presented with a page to fill in the DS 157 and petition details and after filling that, I just get options to save and exit or go back.
    I am not getting options to select a date to schedule the interview.
    Any one who has done this recently please hlep, I am stuck witth this stupid thing for a couple of days now.... Please help ;(

    Hey sorry to sound cliche' but try using Internet Explorer browser and
    make sure you have Adobe Acrobat Reader installed

    I recently (july) took an appointment for my relatives and saw a similar behavior - got an empty page after i hit submit - noticed that Acrobat Reader had been uninstalled recently...then I noticed
    that for some reason had better luck when using IE (was trying with Firefox before)

    cinqsit




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  • lazycis
    12-21 05:20 PM
    The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
    Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

    I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?

    Nothing is confusing here.
    140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
    Are we not high-skilled? :)




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  • whitecollarslave
    04-17 04:51 PM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    I would suggest getting something in writing and filing a complaint with DOL.

    I think Lou Dobbs will be happy to report H-1B abuse :)
    If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)



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  • AB1275
    12-13 12:09 AM
    At what stage of the green card process should I be in to be eligible for my H1 to be extended after my 6th year?



    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.




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  • go_guy123
    06-22 12:36 AM
    CIR 2009 RIP.....health care, economy , perhaps even iran etc are ahead of that



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  • satishku_2000
    06-15 10:41 PM
    1. First USCIS has to collect tons of applications that will be filed .

    2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.

    3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.

    4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.

    5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)

    6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.

    Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...

    Good luck with everything




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  • BEC_fog
    05-27 11:55 AM
    You can send a comment to QGA from their website if you want under the contact us link.



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  • satyasaich
    07-21 09:14 AM
    When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
    it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
    That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.




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  • belmontboy
    08-10 10:41 PM
    Even if they reform all your 9 issues, we would still be stuck in the GC mess.

    The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
    we should request:
    1.) increase in GC numbers
    2.) capturing unused visa's from previous years
    3.) removing country cap
    4.) reforming namecheck.

    EB backlogs would be eliminated by sep end anyways.

    The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

    SEPTEMBER Rally would be ideal to raise these issues!

    ISSUES THAT WE COULD RAISE DURING THE RALLY
    1. Eliminate EB Backlog
    2. Processing Timeline for I-485
    3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
    4. Uniform Processing Methodology across all USCIS Service Centers
    5. Uniform Level of Customer Service across all USCIS Service Centers
    6. Increase Coordination between USCIS and DOS
    7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
    8. More Transparency and flexibility in invoking AC21
    9. Decrease the time to invoke AC21 from 6 months to atleast 3 months



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  • msyedy
    12-13 01:29 PM
    I like your thoughts

    I would want a faster GC for many things
    a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

    b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

    my two cents




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  • sachug22
    05-12 02:11 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days


    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases


    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.



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  • joydiptac
    06-23 02:56 PM
    I take this as another posiitve.

    Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

    Agree with u guys lets push for the family reunification bill.




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  • cagcwait
    02-21 05:00 PM
    Info posted by BerkeleyBee in a different thread. This should be in the Resources section..


    ************************************************** ********

    BerkeleyBee's post in CA - Meet the Lawmakers thread
    Meeting with Dianne Feinstein's staff

    --------------------------------------------------------------------------------

    Feb 15, 2006

    Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
    Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.

    We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.

    TAKEAWAYS

    1.Getting the Word Out to Lawmakers

    � They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
    � The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
    � They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible

    BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.

    2.Content

    � They repeatedly said they were impressed with our presentation (go check it out).
    � They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
    � They liked the fact that we printed and bound two copies of the presentation to give them.
    � We also gave them copies of our tri-fold brochure
    � We also gave them a number tabbed, bound copy of the following

    -Must Read Documents on Legal Skilled Immigration

    a) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlib...eport_2005.pdf

    b) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    c) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html

    e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    3.Action Items
    � We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
    � They wanted to know more about how our meetings with other lawmakers are going.
    � I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
    � They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.

    BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.

    4. Lessons for future meetings with lawmakers/ Lessons for other states
    � Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
    � Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
    � Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
    � Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
    � Ask how you can follow up with them, what they would like you to do
    � Write to thank them for their time and reiterate your basic points



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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.




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  • sbmallik
    07-23 01:55 PM
    In the stated situation, I would opt for changing the I-485 case to consular processing.



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  • snathan
    03-31 01:16 PM
    Not all L1 is bad
    Not all H1B is bad
    Not all consulting companies are bad

    So why are we behaving like crabs?
    Think from a perspecive of a legit L1 visa holder too

    To anti Immigrants even your greencard is bad.
    He will be happy if your greencard is made painful
    Will you rejoice then?

    What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?

    Forget this Crab story...it’s a crap story written by one idiot followed by other idiots only when its adding value for their argument.

    If not all, most of the L1 are abusive. I know a company paying 30K for L1. They no longer take H1B and lay off H1 people whoever was already working with them.

    But how are they are going scot-free...all the expenses are billed to the client but shown as benefit to the employee.

    So the client is losing , the employee is losing.

    But I am not supporting this whatever is reported.

    When they came for the communists,
    I remained silent;
    I was not a communist.

    When they locked up the social democrats,
    I remained silent;
    I was not a social democrat.

    When they came for the trade unionists,
    I did not speak out;
    I was not a trade unionist.

    When they came for the Jews,
    I remained silent;
    I wasn't a Jew.

    When they came for me,
    there was no one left to speak out.




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  • GotGC??
    03-27 12:03 PM
    And this "attorney" was actually paid for filing this PERM application?

    The educational requirements specified in the PERM may give you some room to wriggle out of this.

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.




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  • lj_rr
    07-23 10:48 PM
    Indian Citizen GC holder is working in US since 2006 and has GC since 2006.
    Spouse works in India and they had arranged marriage in India in July 2007.
    So the Indian Citizen spouse has never been to US.
    Let me know if you need more info.

    If someone got green card here and got married to Indian citizen, I am not sure how to ask this particular question. She must have seen that guy some how, if so when and where? If that guy had come to US, then he could come again in whichever visa he came in. Also where did they get married? There are options, but certain questions needs to be answered.




    PALLO
    04-22 12:05 PM
    thanks again




    bugmenot
    07-21 08:02 PM
    Damn I am going to be pissed off if he gets a green card before I do.
    beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time



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