Thursday, June 30, 2011

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  • bindoke
    08-25 10:59 PM
    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.
    in my case iwas exactly 3 weeks.
    Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.




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  • pv2715
    07-03 10:12 AM
    I am for it..




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  • desi3933
    07-10 09:08 AM
    Section 245

    8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c




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  • vbkris77
    05-04 10:52 PM
    (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This basically tells me that they need to be given the same status only if they can't given immigrant visa in other category. But if they can be, why should they be used in this category? As someone said earlier, FB for Family is actually better than EB2. So this basically rules out their rational on giving EB2, EB3 dependents on this VISA.

    I am not talking about EB1 here.

    Naveen, I haven't given you any Reds. I feel sorry for your situation. Guys, lets discuss and analyze in a constructive way and don't go personal. None of us here will get GC twice by chasing someone's moral down..



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  • das0
    06-23 11:20 AM
    Can an employer revoke the I-140 after 180 days of I-485 pending?




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  • susie
    05-01 12:51 AM
    Please all sign this petition it will hopefully help others and there for the grace of god could happen to any member of this site, so please help and sign


    http://expatsvoice.org/forum/petition.php

    There just has to be a compassionate visa subject to documentary evidence

    This situation can affect any of us at anytime. My dear husband was diagnosed terminal 4th May 06 and passed 13th May 06, the day he passed my sons immigration cases died with my husband

    Yes I can (LPR) petition for my son but as he is now over 21 years it will take approx 10 more years which is unacceptable



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  • guyfromsg
    07-11 07:58 PM
    I posted this message in other thread. I think this is the right place.

    I uploaded in Youtube and put some description about the protest. If you feel it's not good I'm open for better suggestions. The still image is selected randomly I changed it, it may take up to 6 hours.

    http://www.youtube.com/watch?v=MigvhFq8zhY




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  • perm
    08-06 02:35 PM
    My checks cashed. Mailed I485-EB2, EAD, AP on June 29th, reached USCIS - NSC on July 2nd 10:25 am by Fedex. Checks cashed on 8/3 - Still not be able to see the back side of the image for RD etc. My I-140 was approved last year from TSC.

    I was expecting my case to be transfered rom NSC to TSC!!?? also NO lud on I-140 case so far.



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  • rpulipati
    12-11 11:47 AM
    I beilieve NC meant Name check and not North Carolina.




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  • sankap
    07-10 04:43 PM
    No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    Now you have come down from legal standpoint to employer standpoint! :D

    The answer to your question is No.
    Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.

    Again, you are mixing H-1B job with GC job.

    Let me ask that question again (because you got confused last time)
    Look at the I-140 application for GC (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    You still believe that no job is permanent. If so, all I can say, more power to you.

    Have a good day!


    _______________________
    US citizen of Indian origin



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  • knnmbd
    05-03 12:39 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.


    GreeNever,
    Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
    With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.

    There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.

    It works for every one so that�s just great.




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  • desi3933
    06-28 11:07 AM
    desi - You seem to have in depth knowledge in this. All your posts put together gives the complete picture.


    Thanks so much, for your kind words.

    If not in IT field, I would have been in Immigration Law field.


    .



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  • dehradoon
    10-08 05:45 PM
    I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?

    :D ... couldn't stop laughing, the gov't should move the H1B quote to 250K/year and keep the GC to 140K/year, US will then get over a million people in the next 4 years.

    forward looking scenario -

    If nothing happens in the next 4 years then everyone who's here would still be here talking the same things as right now (with their bewildered hope of getting thru), the difference being all the 2005-2007 would also be old timers then, That would really change their perception.

    Hey, this is just an opinion. nothing to debate on .... pure speculation. if you want me to give the full disclosure on forward looking scneario I can get that done but I'll have to rip it off some analysts comments :cool:




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  • amitjoey
    07-09 06:08 PM
    Lawyers websites, and personal blogs are picking up on the "Flowers to USCIS" story. We need to make a big effort this evening, so more of the mainstream media is aware.

    http://www.bibdaily.com/



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  • logiclife
    03-08 10:46 AM
    Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.

    After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.

    Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.

    As to how to deal with this...try this.

    Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.

    Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.

    Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.

    Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..

    Yesterday, nearly 2000 Irish illegals went to capitol hill and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.

    However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.

    After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.

    So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.




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  • shankar_thanu
    03-25 04:20 PM
    Mani_r1,
    Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8



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  • sanhari
    10-18 04:26 PM
    Can you all please try to contact USCIS/DOS/local congressman/woman with your request
    for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.




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  • voradharmesh
    05-23 10:37 AM
    Is it already introduced in Senate?
    I could not find any thing on this from http://thomas.loc.gov/

    I searched for "SKIL" and got the following:

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:

    S.2691
    SKIL Act of 2006 (Introduced in Senate)




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  • gc_check
    04-06 03:39 PM
    Very well said GCBy3000.
    I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?

    I know many people who bought home while on H1B, including me. I did tell the Bank/Credit Union, I'm on H1B and my application for GC is under process and all they requested is to provide a letter from my employer about my employment, my h1b papers, etc and I'd no problem in getting a Mortgage Loan. This was a year back.




    CADude
    08-01 05:21 PM
    I agree!!!

    But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.




    mpkmaster
    06-22 11:27 AM
    Stop pushing for a comprehensive relief and turning into a kind of Skil solution
    (Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
    I back up Harutium on this!
    Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:



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