Saturday, July 2, 2011

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  • smisachu
    07-05 10:19 AM
    Hi Guys, I will send the flowers. This way we will get media attention.

    Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.

    The more flowers they get the better.




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  • minimalist
    01-30 08:31 PM
    don't have the guts to take care of anything person to person. That will only go to show how right the right things you do are. Do you know how a person that never does a wrong thing ( "I always do the right thing regardless of the time or place") threatens that he will bring people who do not belong in the conversation to the conversation to show how capable he is.
    So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"

    Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.

    To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.

    You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
    to continued stay in US.





    And this response is for you minimalist:

    I don't have to call you names on this forum, I can send you a pvt. message cussing at you like there's no tomorrow There is going to be many references to your monther, dogs, their reproductive organs, some more references to your sisters, and all the female members of your family. You are not going to like what you'll read, but that's what you get for calling me names.

    Coming to your point: Who are those people that are facing legal action again? And you're telling ME, that I dont have compassion? Compassion for who? For someone who has faked resumes, filed for H-1B visas w/o a job offer? And why do you think they deserve compassion?




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  • gg10004
    07-09 06:25 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    +++++++++++++




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  • priti8888
    10-08 08:34 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.


    Well said !



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  • redsun
    09-14 05:39 PM
    Filed on: 07/06/2007 (NSC)
    Receipts received: 09/14/2007 (CSC)
    PD: EB3 Dec 2004
    Concurrently filed 140 and 485




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  • myvoice23
    09-25 05:49 PM
    Can you tell us what time it reached NSC on July 3rd. Looks like lot of people July 3rd at 9:03 received by R.William are waiting for receipt. Are you one among them?

    yes, it reached at 9.03am and was received by R.William



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  • raj3078
    11-21 11:44 AM
    Hello Mehul,
    As everyone, I was lost to find words writing this email. I think, you need to consult a good lawyer to begin....Hope things work out for you.
    Raj




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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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  • thomachan72
    07-08 02:46 PM
    I think your interpretation of this situation makes sense. I would like to add that the jumbs and increased activity in the uscis/dos etc all happened in anticipation of the CIR passing through and becoming law to be effective in the next FY. They probably wanted to clear of as many legal applicants/backlogs as possible before the next rush based on point system. I agree with you that this is not a conspiracy but more a miscommunication. Whatever the case, hopefully, the AILF litigation will bring some order to the system.




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  • vinabath
    04-24 01:50 PM
    Quite right, I know you meant that managing relationships has to be from both the sides, but with most desi employers it has become a one way street. Even with all the effort to manage relationship, the employee still gets scr*** and this needs to stop.

    Do you have any suggestions?



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  • mpadapa
    08-18 04:16 PM
    8 pages of little substance..:D

    Problem: USCIS is not following FIFO

    Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:

    SOLUTION

    Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone


    Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.


    Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.

    Best solution is HR 5882, it benefits everyone

    It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
    Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.

    Let us have a healthy debate to solve the problem rather than fighting over silly comments..




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  • Sachin_Stock
    09-09 11:07 PM
    Eb3-I would move much slower then snail's pace.

    My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(



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  • JazzByTheBay
    07-09 02:37 PM
    Good to have this as reference and thanks for pointing out the ability to port to self-employment as part of AC21 portability.

    jazz

    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf

    Here is the link. Your attorney is not the law. Some other attorney might say you can do it.




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  • shaileshkaria2525@hotmail
    11-21 08:36 PM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...

    shailesh karia



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  • PDOCT05
    10-09 10:12 AM
    it' frustrating...no updates at all :)




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  • desi3933
    07-08 10:22 AM
    This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?

    Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.

    http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf

    Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.

    I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.


    .



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  • India_USA
    09-14 09:26 AM
    It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"




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  • desi3933
    01-30 02:12 PM
    Stop spreading wrong information desi!!


    I suggest, go ahead and let me know which point you think is not correct.

    I have been in this country and dealt with immigration issues for more than 10 years now. Please feel free to look at my old post, and let me know if you find anything incorrect/wrong in any past posts.

    I am a US citizen now and I post details to help my would be-immigrant friends.




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  • jchan
    08-25 09:15 PM
    Guys,

    I just got my H1B Extension approved (8th year extension).
    Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).

    -Googlegc

    Is it for direct employee or consulting company?




    sparklinks
    09-03 09:34 AM
    Don't know why my file is still pending (RD 6/18), present EAD expiring in 2 weeks..:)




    sledge_hammer
    07-08 11:45 AM
    I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.

    Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.

    My 2 cents.



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