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  • frostrated
    10-27 12:47 PM
    ...if ppl were sitting back and relaxing after seeing the first report on the USCIS website regarding the 485 numbers. But at least the starter of this thread is an exception to that.If the USCIS dozn't update that doc monthly just like they do with the visa bulletin then something is really fishy and they'd end up fooling us again like they always do.

    BUT THIS TIME WE MUST FIGHT THIS. I really feel that we have a valid reason to.Count me in...I'm not sure how v shud start (class action lawsuit)...IV moderators any ideas/plans to ask for updated reports if the USCIS fails to provide the public with this info???
    USCIS mentioned that they would update the numbers on a quarterly basis, not monthly. And given the end of FY 2009, I am thinking that they will need a little more time to bring the new one out. So I am thinking that they will publish the new numbers either in November or December.





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  • hopelessGC
    04-21 01:45 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
    H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.

    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.





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  • pmb76
    08-13 02:26 AM
    I think vldrao is from numbers usa. That's my theory. he was just hangin out here as a mole to get information from IVers. At the same time he was giving out some information to hide his identity and gain our trust. :)
    What say chhapan tikli ?





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  • bheemi
    03-15 11:05 AM
    Hi,
    I dont think anybody pushing forward about this issue..Filing of 485 during retrogression..
    Immigration Voice :
    Is there any scope any where to add this to current bill...are our immigration voice working towards this issue at all...if so can you pls let us know what you are doing for this issue..because I did not see anywhere updates from immigration voice ..or any ammendments on this issue..



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  • blacktongue
    10-14 03:23 PM
    So basically it is idea without a timeline and no actual document prove?





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  • rsayed
    04-27 06:52 PM
    Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.

    A new Senate Bill has been introduced.

    U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.

    So, on the Illegal side we have:

    Senate Bill: Hagel with The Immigrant Accountability Act of 2007
    House Bill: Flake with the STRIVE

    On the Legal and High-Tech side we have:

    Senate Bill: Cornyn with SKIL Bill
    House Bill: Shadegg with SKIL Bill

    Senate Discussion: Last two weeks of May 2007.

    Let the engines start.

    ...ANOTHER Bill?????? I guess this HAS to be the year with the MOST number of Bills being introduced in House/Senate - Now, it's getting confusing. Which one do we root for? Which one do we ignore???

    Jab upar wala detha hai, tho chappar phaar ke detha hai!
    (Loose translation in English - When it rains, it pours!!!)



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  • skv
    08-03 05:37 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.



    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?





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  • BharatPremi
    07-11 11:18 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz

    When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)



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  • kriskris
    04-17 11:14 AM
    My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.

    My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?





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  • optimist578
    01-31 03:10 PM
    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.

    Is there a way to track the status of one's I-140 petition through USCIS's website?



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  • manishgc
    06-08 02:20 PM
    Hi


    I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)

    If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?

    Thanks in advance.





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  • bikram_das_in
    01-26 01:13 PM
    @waitingnwaiting


    How many of these 7 toppers are from Telengana and how many are from your district?

    This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.



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  • saravanaraj.sathya
    08-24 10:51 AM
    Pl post the recording I missed it.

    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.





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  • Green.Tech
    06-19 01:56 PM
    Bump.



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  • WAIT_FOR_EVER_GC
    06-24 03:19 PM
    Rupert Murdoch, Mayor Bloomberg Lobby For Immigration Reform, Path To 'Legal Status' For Illegal Immigrants (http://www.huffingtonpost.com/2010/06/24/rupert-murdoch-mayor-bloo_n_623805.html)

    Excellent.

    Let them lobby.
    Agriculture sector and Tech firms, Construction, Latinos have been lobbying for years now but nothing happened.
    Immigration will be taken up during the next year. The Top Agenda is energy bill for this year. No Matter who lobbyies nothing gonna matter.
    Next year if Reps gain majority in the Senate then It will be tough battle.
    Amnesty will not come easy.
    If the fight between reps and dems become too intense. No CIR next year either.
    Adjobs,dream act,some EB relief, tough border, Fine employers may pass piece meal
    which will calm down most of the Immigration lobbyist next year.

    If God forbid the market does not pickup next year, jobs, housings, finance .. CIR will be nearly impossible.

    Bernanke
    http://www.usatoday.com/money/economy/2010-06-08-bernanke_N.htm
    http://www.reuters.com/article/idUSTRE6523SN20100609





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  • kumara121
    04-08 05:05 PM
    USCIS demand sheet shows 17000 GC inventory until 2006. When the EB1 spillover to EB2 is 12000, don't understand how the dates moved less than 2 months. It looks like USCIS is very confused and making us all confused.

    only good thing here is some movement is much much better than nothing.



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  • tsarun11
    07-12 05:33 PM
    I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.

    If I wish to change companies, how do I proceed - Is there a circumvent process?





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  • martinvisalaw
    08-18 12:46 PM
    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.

    I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.

    See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).





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  • Be_Pragmatic
    06-20 12:57 PM
    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.





    desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.





    kaisersose
    04-21 02:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.

    Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.

    So evaluate your options.



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