Tuesday, June 28, 2011

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  • tapsemi
    05-27 07:37 PM
    My priority date is current now and my company has already filed for my I-140. I have have two questions:

    1) My wife converted from H4 to H1b last year end and she has not gone out of the country to get any H1b stamp. Will this complicate things? Does she need to go out to get a valid H1b stamp? In case of any trouble, will it be easy for us it she converts back to H4 again?

    2) I saw that I485 processing times are taking about 6 months at the CA service center. Hence, under the current conditions, what is a better choice go: for Consular processing or Adjustment of Status? Thanks. :confused:





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  • kumar1
    11-22 02:35 PM
    sledge_hammer - You call me fool, I think you are a #1 "you know what"! And, I am not even going to reply...so write whatever you want to write.

    When you buy a home you sign a contract saying you will pay the loan amount at the end of the loan term with interest. There was a commitment made. And you are saying people who walk away without fulfilling their obligation are smart? Fool!


    And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!





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  • chanduv23
    10-30 10:45 PM
    I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:

    Dear xxxxxxxxx:

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.



    Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.



    I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.



    Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.



    Office of the Ombudsman

    Lets continue to do what we are doing. It is very essential that all of us participate in this campaign to make it a success.





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  • amoljak
    07-13 09:08 AM
    How about we create a video. Take parts of this (http://www.comedycentral.com/motherload/?lnk=v&ml_video=89349) from the daily show. Take parts from the 60 minutes and read out from the NY Times article etc.

    Then post it as a reply to every Lou Dobbs video posted on you-tube.

    If somebody who has video editing/advertising/movie making skills is willing to take on this project I can definitely contribute with fact check and some money if needed.



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  • SDdesi
    06-29 04:18 PM
    Indeed there is a link on www.aila.org but its only accessible to members. However, get this - the link says - "Update on July Visa Availability" - which going by the rumors has to be bad news.....

    This is a very sick joke on all the people waiting in line....:mad: :mad: :mad: :mad:





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  • singhsa3
    08-20 10:29 PM
    One question to all the smart people on this forum:
    In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
    a) EB1 Non Row
    b) Eb2 Non Row
    c) Eb3 Non Row
    d) None of the above

    Now second part of the question is :
    If that category already has enough people in line, will the spillover to the next category will take place:
    a) Yes
    b) No



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  • factoryman
    06-18 07:47 PM
    You have read and find out. When you file for AOS, you will do one set for Principal (search and read elsewhere on IV) and one set for dependent (search and read elsewhere at IV for a complete set of docs).

    So, you need to file one set of the latter. I don't know why you say add to mother's file. Is mother principal applicant or you.

    These are based on common sense and logic. Read and verify.

    If possible get (search and get AILA Handbook on AOS, I read somewhere there is one)

    sorry my bad. do we need to fill 325 and 325A or just 325, infant also needs 325? Also would you please tell me if we need to request to add the applicant to mother's file? or no need to do that.

    thanks
    kr





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  • jbr
    03-10 05:36 PM
    We could also do a signature/petition campaign that would focus on 'American Citizens' supporting our effort. We should aim at getting a lot of signatures. Afterall there have to be hundreds of thousands of formerly H1B holders who are citizens now; at least they would support our effort.



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  • Honda
    09-24 10:47 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.


    Excellent Analysis.





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  • factoryman
    05-24 06:24 PM
    Height, weight is noted.

    For adults (man or woman) only Tetanus and MMR is needed. Children, take your child's school vaccination record; by elementary school end, this record should be complete and they will not no vaccination needed. Go to your doctor /HMO and get these done. For MMR they will say, oh, you don't need, we will do antibody assay (to squeeze more money from Insurance). Show your left hand and ask them to poke. Tetatus is IM and MMR is SC (sub cutaneous). Then and there take a vaccination report.

    Go to doctor. First visit - they will draw sample (for HIV test) and then give Mantoux Test; this is Intra Dermal injedtion. usa your right hand - (for BCG or TB). No skin reaction, don't worry.

    Skin reaction over 5mm with raised skin (induration or something). I had a postive skin reaction. Then doctor will take complete physical , take an x-ray. In 99% of case TB will be ruled out ( you see the positive skin reaction is saying that your were exposed to TB bacteria in the past - not necessarily disease). The chest X-Ray is the dignostic proof, that no TB was there at all or is not thee now. This X-Ray and Physical is on the 3rd day after 48 hours. The X-ray is not included in the sealed cover, only conclusions of X-ray and Physical.

    For those 1%, don't worry. Even if you are diganosed your I-485 will not be rejected. You have to take an undertaking and prescriptions and medicines. You will be treated in 3 to 6 months. Then they may complete your case. This para is my educated, logical and common sense guess.

    For a good doctor, in Denver / Aurora area of CO, PM me. Good and nice American Doctor and staff.





    All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.

    I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.

    G



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  • abuddyz
    01-30 08:31 AM
    I have a WAC number and petition approved in Feb 07. Stuck here for 1 month, 18 days and counting. I called DOS and didn't receive a positive response. Will try calling KCC tomorrow.

    :confused:

    Good luck to you.. I understand it is really frustrating... and they don't really care for us.

    if more people post their details then we might be able to conclude something.. there are always exceptions so it is very difficult to figure out.. (well, it might be possible that there is no pattern but if we get more details of more cases then we can think something... after all we can't do anything apart from this ...:mad: )





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  • pappu
    01-07 07:11 PM
    LETTER TEMPLATE #3

    <<DATE>>

    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Dear Mr. President:

    My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.

    Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.

    Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:

    "The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals."

    I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.

    Thank you very much for considering my requests.

    Yours Sincerely,

    <<NAME>>
    <<ADDRESS>>
    <<PHONE NUMBER>>



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  • arml27
    06-27 10:23 AM
    Hi

    I have a approved i140 with priority date of Dec 2004 EB2. My spouse has approved i140 with priority date Mar 2006 EB2.

    Since it is not recomended to apply 2-1485's we decided to settle on mine. But then, since we both have our H1's for next 3 years, we don't want to use EAD and AP till the final process of GC is done.

    My question is should we apply for EAD and AP or not. This question exists in the questionaire given by my employer.

    Please advice.

    Thanks,
    Arml





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  • nandini
    12-30 12:26 PM
    Dec 14th,yes, Dec 14th itself,mumbai,H1B, renewal only



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  • pappu
    11-22 07:50 PM
    http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf

    Plaintiff suggests that the fact that her application
    has been pending for nearly three years is patently
    unreasonable. She argues that Congress intended
    applications to be adjudicated within 180 days. See 8
    U.S.C. � 1571(b) ("It is the sense of Congress that the
    processing of an immigration benefit application should
    be completed not later than 180 days after the initial
    filing of the application . . .."). That [*10] 180-day
    timetable may provide some guidance here, although the
    "sense of Congress" expressed in INA Section 1571(b)
    does not necessarily carry the force of law. See Yang v.
    California Dep't of Social Servs., 183 F.3d 953, 958-59
    (9th Cir. 1999).
    Defendants argue that there is no statutory deadline
    by which applications must be adjudicated and that, in
    any event, the "first-in, first-out" protocol must be given
    deference. True, Congress has not established a
    mandatory timeframe for the USCIS to adjudicate
    applications. Moreover, "'[t]he passage of time alone is
    rarely enough to justify a court's intervention in the
    administrative process, especially since administrative
    efficiency is not a subject particularly suited to judicial
    evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
    Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
    However, the court also recognizes that there is no
    precise formula for determining whether there has been
    an unreasonable delay. Instead, "[w]hat constitutes an
    unreasonable delay in the context of immigration
    applications depends to a great extent on the facts of the
    particular case." Id.





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  • Hewa
    06-29 02:11 PM
    If USCIS mail room is closed fedex will probably re-attempt to deliver the next business day.

    Guys, Are we sure that Fedex will not deliver on saturday or sunday, what will happen if they deliver, nobody will be at USCIS to accept right, so it will still be opened only on monday ?



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  • chanduv23
    03-25 10:10 AM
    Another reason the companies give nowadays is "Unfortunately it is a government project and we cannot accept EAD status" - am baffled as to why they are OK with Green card and not EAD.





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  • sammyb
    01-03 10:37 AM
    VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.

    I guess this is specific to Mumbai only .. for all other post in India, the consulate/embassy keeps the PP ...

    Am planning to visit India during Apr-May time and wondering how to take care of the situation ... seems DHS/DOS/DOL/USCIS/Who ever implemented a process without having the proper infrastructure in place ... and again they take us for granted ... with limited number of vacation days in hand if we stuck because of the PIMS, this will be a difficult situation to handle ..

    How the Kolkata consulate doing on this aspect ... can anyway share their experience there ...

    Happy new year friends ...





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  • maine_gc
    01-09 01:02 PM
    I sent an email to my employer asking them to send the letter. Waiting for their reply.
    I will send my letters this weekend.





    krishnam70
    06-18 06:06 PM
    FORMAT FOR EMPLOYER'S LETTER :




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


    Hi everyone ,

    i have three question please please anyone answer ....

    1 - i have previously applied but was returned due to pd not current , what to file in the form where it say if u have appllied before ? ( i am filing on my own this time )

    2 - should the salary be there on employment letter . if so the present day salary or the one with labour approve ?

    3 - i have an A# when my file was returned should i use that or leave it blank wherever it is asked also my wife have TIN number is that what i am supposed to write where it ask her to give her SSN

    i will appreciate anyone answering any question please

    thank you

    pranju


    Hi all

    I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise

    thanks
    krishna





    PlainSpeak
    04-04 08:04 AM
    Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish

    You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D



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