четверг, 9 июня 2011 г.

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  • jnraajan
    03-20 10:04 AM
    Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

    So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

    Why we are expecting that something next year? One Word. Politics. The current congress will not do anything now, because, they dont want to alienate 1 particular group during an election year. Now, I am not saying that they will do anything in '09. But, with more lobbying, we might see some success.




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  • USDream2Dust
    07-27 01:20 PM
    I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.

    when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)




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  • karthiknv143
    05-22 11:51 AM
    People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)

    You are wrong in what you are stating. It is filed together with your 485 appln




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  • eb3_nepa
    11-06 04:30 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap



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  • EdGMan
    09-21 03:50 PM
    If I were you, I'll follow it closely. Don't rely on your employer and lawyer. I have a friend in Atlanta whose case was closed accidentally. He waited for a year to follow-up with his employer and lawyer only to find out that BEC closed the case because they claim that they never received any response for the 45-day letter. His H1 was also getting close to teh 6 yr. limit.

    Good luck.




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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhfjgA4kPpNqYY1ht6ZvhUmqZzhJkK58anNkPfV59Q5aPumqS2yF4GylBW9PtOVxB1QT0e47dyk4U_fuKGb4BSP1aV-8E4AWPLk-2xOzYtn4hjvCsCzezPNOFfrAZZOHcvFS3hexR8eBfU/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhfjgA4kPpNqYY1ht6ZvhUmqZzhJkK58anNkPfV59Q5aPumqS2yF4GylBW9PtOVxB1QT0e47dyk4U_fuKGb4BSP1aV-8E4AWPLk-2xOzYtn4hjvCsCzezPNOFfrAZZOHcvFS3hexR8eBfU/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)



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  • 485Mbe4001
    05-17 06:31 PM
    question along the same lines, any idea how much it costs to get LC via perm?




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  • logiclife
    02-27 11:51 AM
    This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.

    Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.



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  • gc2
    02-19 11:22 AM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.




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  • john2255
    10-19 03:13 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

    Other relevant past details are

    H1B non cap petition- June 2008
    221 g at the consulate for the H1B petition since I didn't had the license.
    Hospital withdrew the H1B petition in August 2008.


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John



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  • lutherpraveen
    09-19 06:42 PM
    This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
    It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
    My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
    It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
    I am sure we will achieve that goal with the progress IV is making in that area.

    How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."




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  • nk2006
    07-05 12:58 PM
    possible reasons

    (i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
    (iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
    (iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.

    Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.



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  • walking_dude
    11-25 11:43 PM
    Let us not turn it into EB immigrants vs. undocumented fight. They are human beings too, with a dream for better tomorrow just like us.

    As long as CIR includes fixes for EB immigration there is no reason to oppose Legalization or the CIR. We the last CIR was opposed by our community not because it had Amnesty, but because it was really bad for EB immigrants due to the short-sightedness or some hard-leftist politicians. If CIR 2007 had pro-EB measures included our community would have supported it CIR or not.

    On a personal level, I support legalization as I am opposed to the formation of another underclass. Just like I feel it morally repulsive that Indians, Chinese, legal Mexicans and Phillipinos being denied voting rights for years based on the country of birth, it's equally repulsive that 12 million people will live in this country with no voting rights. (make no istake, most of them aren't going anywhere). It's a mockery of the reason that America broke away from the British Empire - 'No taxation without representation'. (Studies have shown many undocumented immigrants in good paying jobs pay taxes using fake or someone-else's SSN. These taxes add up to millions of dollars every year)


    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.




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  • go_guy123
    09-15 12:52 PM
    Hi All,

    Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:

    Thanks

    I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.



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  • antihero
    04-14 11:13 PM
    IV does not support any fraudulent activity by anybody, whether employees or employers or anybody else.

    It because of faking the resumes by unscrupulous individuals things have come to this pass. Many genuinely honest and hardworking folks are slogging on in the GC queue while many who can't even spell technology have got GCs in a matter of months by exploiting loopholes.

    My advice, go back to your home country, get some education in your chosen vocation and restart your career through honest means.




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  • needhelp!
    03-09 01:59 PM
    Some of you have been receiving the USCIS response about your FOIA request.

    Please use the following template to compose your response (you may email it to the address provided)


    ______________________________________

    Email: uscis.foia@dhs.gov
    Fax: (816) 350-5785

    U.S. Citizenship and Immigration Services
    National Records Center, FOIA/PA Office
    P. O. Box 648010
    Lee�s Summit, MO 64064-8010


    Dear FOIA officer,

    Thank you for responding to my FOIA request NRCXXXXXXX dated mm/dd/yyyy. I would like to know more information about the following.

    (1) Can NRC extract data based on the country of birth or Nationality given that Country of Chargeability is not captured until the end of the adjudication process?

    (2) I would like to know how long will NRC take to provide a response once I pay the fee. I am not looking for an exact number of days. How ever, an estimate of how long it will take to provide the information sought would be very helpful.

    You asked me to define the priority date.

    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied. For cases without an underlying labor certification, Priority Date is the date on which the I-140 petition was applied for. Priority date is NOT the date USCIS has received the AOS/I-485 application. For example, An applicant with a priority date of 12/10/2001 might have filed the AOS/485 on 07/19/2007 and another applicant with a prioirty date of 04/23/2004 might have filed the AOS/485 on 07/30/2005. INA act prescribes that the priority date be used in granting permanent residency to AOS applicants. I am looking for information on pending AOS/485 applications sorted by the priority date of the applications for every quarter of the USCIS/DHS fiscal year starting from year 2001 for the requested 14 categories for primary applicants, spouses and children.

    (3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

    Thanks,
    XXXXX



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  • pmamp
    11-03 02:12 PM
    I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.




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  • lahiribaba
    03-30 01:20 AM
    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
    Thanks again!

    If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??




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  • vinoddas
    07-29 08:58 PM
    Any suggestions would be extremely helpful




    wei
    04-18 01:18 PM
    Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.




    lostinbeta
    10-20 04:02 PM
    Ah, so painter is really the best if you have a tablet, but if you don't have one, then you shouldn't bother????



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