Sunday 12 June 2011

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  • mani_r1
    06-27 04:52 PM
    Did you sent photo? If not then you can be sure.

    But the way TSC is going they might be able to approve it with his/her photo from last year :)





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  • acecupid
    06-09 11:23 AM
    Just for information:

    Processing center:NSC
    Filed AP (paper filing) : May 6th, 2009
    AP approval : June, 9th, 2009





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  • WeShallOvercome
    09-21 07:10 PM
    This question is not to undermine the effort, which was tremendous but just from a realistic point of view...

    I'm just curious to know how long it will take for the impact of this rally to be felt and what are the changes that can be expected from USCIS as a result and how long will it take?

    Say, after waiting for a few months, status quo continues, what further actions are planned to persist with IV's cause (i.e. more rallies or by other means) ?

    If the same question has been already raised, please ignore.

    Thanks.


    If you are from India or from a country which fought for its freedom, you would not ask this question.

    When M.K.Gandhi held his first rally against the British rulers(nothing personal here Franklin and Mark :) ), it did not result in immediate freedom, but was it worthless ?





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  • swamy
    10-04 01:17 PM
    any where in metro detroit is fine with me



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  • ItIsNotFunny
    06-02 09:41 AM
    Good job. Best of luck to all of us.





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  • nk2006
    07-15 10:38 AM
    The attorney i had was Jeffries expensive but good.


    I have a BS in biology and computers (was on F1 visa)
    Then I did research on cancer cells at the university while trying to get into Graduate school. Got my MS in information Science and also an MBA.

    For MBA I did my research on Economic growth and Military spending.
    After MS i got job h1b for a research facility was doing mba at the same time. Switched employer to work for a multi national corporation. Quite my job for multi national because they would not apply green card started work for a consulting body shop they apply for my green card.

    Now Soon I will give my resignation.

    You really have a great lawyer to pursue EB1 while your EB2 application is in process (that too without even requesting) .... I almost cant believe that there are such lawyers in immigration field. Congratulations and have fun.

    As an aside I will tell my story - have couple masters and a PhD with several publications. My EB2 thru employer is pending. I requested (actually begged) my employer and attorney to pursue EB1 as well - they said no - lawyer's response is EB1 is very difficult and you should be someone of nobel prize calibre etc.etc. I tried convincing by giving several examples of my friends/classmates in PhD who got approved with fewer publications/patents. The lawyer got irritated (maybe because I am providing info that he is not very well aware of) that I am actually giving suggestions and he and HR indicated that I should be happy that they are sponsoring me for EB2. I went ahead with another private attorney to submit another EB1 I140 separately which is still pending. EB1 needs lot of paperwork on our own and needs employer assistance in providing solid proof that work is of high importance - I didnt get that assistance so not very positive about EB1 approval. For now just waiting for my EB2 PD to become current.

    I am telling this story because my experience with immigration attorneys is generally bad and its same with scores of friends so much so that I am convinced that immigration lawyers may be one of the least competent professionals in US. In US customer satisfaction is everything in almost all professions - customer is god because he/she is giving us business. But in immigration lawyer community - the end customer may not be the one who is giving them money and even worse the HR people in companies (even the best ones) are either ignorant of or scared of immigration laws and just defer everything to lawyers who kind of exploit this situation. So if you come across a good immigration lawyer please say thanks to him/her on all our behalf.



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  • mkelekar
    07-20 10:50 AM
    can i file spouse 485 (mine filed separately by lawyer) using my approved 140 notice. will there be a problem? please help.





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  • acecupid
    06-16 02:48 PM
    FYI.. I recently applied for AP on May 6th, 2009 and it got approved on June 9th,2009. This is at NSC



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  • dilbert_cal
    05-10 02:13 AM
    If you have already filed 140 and 485 together in July 2006, it is already more than six months. Since you wrote you have used AP, I'm assuming you have filed 485 as well.

    If the above is true, you can join a new employer for a similar job or rather same job description and do AC21 to move your case to the new company. Since your 140 is still pending, it will be an issue but not something which will realistically impact you if you do your AC21 paperwork nicely. If your 140 was approvable when it was filed, you shouldnt have any issues.

    You need to do two things -

    a) Find an employer to switch to immediately.
    b) Find a good lawyer who will help you out on AC21





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  • diptam
    06-26 02:04 PM
    What do we do now ??

    Do we have an advantage even after filing 485 ??



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  • Lasantha
    09-18 12:31 AM
    Well, I don't know where you got the 6/7 years from. But the way I understand it, 7% per country does NOT mean that any one country is guranteed 7% of the visas. It simply means that no one country will get MORE THAN 7% of visas. So yes, even if your country was issued a very few visas in that fiscal year if the rest of ROW applicants used up all the numbers, you may have to wait for a while depending on your PD.

    So if what you are saying is true, then form example, country "A" has only one applicant. Since ROW collectively used all the visa,country "A" has to wait 6/7 years to get visa number?





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  • gccovet
    06-16 11:39 AM
    Hi,
    I want to know weather can I apply AP for my wife while she is in US post it to India if she has to go to India before it gets approved.

    As there is the situation my wife need to go to India in July and I am planning to apply for her AP, can I send it over to her once the AP is approved or dose she need to be present in US at the time of approval.

    Thanks for advice

    As far as I know, AP needs to be applied while the person is physically present in the US. Once it is applied and receipt notice has been received, the person can then travel. you can certainly send the AP to you wife in India.
    GCCovet



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  • jsb
    03-06 01:15 PM
    I may not need to tell you this but you are dealing with most greedy, money making machine in US govt. System. This organization churned out 200K EAD last year in 1 week, just so that they don't have to issue 2 years EADs. This org. is rejecting I-485 to get $1000 MTR fees, they will not spare any chance to take money from your pocket. I would say Instead of asking them for the fee waiver and wait 3 months for their 'NO', just give them the 5K and move on...

    While it may seem that USCIS/DOS does what it does for increasing their cash-flow, real reasons are just those applicable to any government organization. Their demand for $5K was just a thoughtless response, which may always be their first response to all such public requests. The fact is that, what is sought should already be available for their decison making. Case should be raised with Ombudsman, for bringing out inefficiency such as this, in regard to crucial information needed for determining monthly cut-off dates, and forecastings. Ombudsman's office loves information on such systematic poor govt operations.





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  • bluekayal
    03-17 10:54 AM
    SEC. 405. STUDENT VISAS.

    (a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

    (1) in clause (i)--

    (A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

    `(I)';

    (B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

    (C) by striking the comma at the end and inserting the following: `; or

    `(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

    (2) in clause (ii)--

    (A) by inserting `or (iv)' after `clause (i)'; and

    (B) by striking `, and' and inserting a semicolon;

    (3) in clause (iii), by adding `and' at the end; and

    (4) by adding at the end the following:

    `(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

    (b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

    (c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

    (1) by inserting before paragraph (1) the following:

    `(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

    (2) by adding at the end the following:

    `(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

    `(A) during the intended period of study in a graduate program described in such section;

    `(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

    `(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

    (d) Off Campus Work Authorization for Foreign Students-

    (1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

    (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

    (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

    (i) has spent at least 21 days recruiting United States citizens to fill the position; and

    (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

    (I) the actual wage level for the occupation at the place of employment; or

    (II) the prevailing wage level for the occupation in the area of employment; and

    (C) the alien will not be employed more than--

    (i) 20 hours per week during the academic term; or

    (ii) 40 hours per week during vacation periods and between academic terms.

    (2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

    (e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

    `(a) Authorization-

    `(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

    `(A) the alien makes an application for such adjustment;

    `(B) the alien is eligible to receive an immigrant visa;

    `(C) the alien is admissible to the United States for permanent residence; and

    `(D) an immigrant visa is immediately available to the alien at the time the application is filed.

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

    (f) Use of Fees-

    (1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

    (2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

    1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.



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  • pmmo
    07-02 10:30 AM
    Hello,

    I have been going through this discussion. I am in a similar situation where I got a Welcome Notice saying my I-485 was approved and I should be receiving my card in 3 weeks when my PD is not current and in fact, the PD is a couple of years behind! It has been 6 months since I got the notice and no GC is in sight. After calling the customer service in March, they told me that they did not have my biometrics in their system and so I had to go for a biometrics appointment early April. It is almost 3 months since then and I still have no GC card. I know that there is a delay in card production, but at the same time, I am wondering if the I-485 approval was by mistake and that is causing the real problem. I am in talks with a lawyer who suggests it is better to correct the USCIS mistake right now rather than getting into complications in the long run. I am frustrated that I have to pay for an attorney for a mistake USCIS did and concerned what will happen in future when I proceed with their advice.

    Could one of you who faced this situation descibe how you handled the situation or how you would handle this situation? In my case, there is no other I-485 or anything filed before and I have never been out of status or had any issue ever.

    Thank you.





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  • Macaca
    09-20 01:28 PM
    If we stress on IV's acheivements .. eg. flower campaign & San jose Rally and outcome of these..Reversal of Visa Bulletin then I think people will try to understand..

    Try it. They are here: July 2 filers - Receipt Tracking (http://immigrationvoice.org/forum/showthread.php?p=170053#post170053)

    They will educate you: they entered your house because you left the door open. Hence, serve them whatever they ask and get out of their way because they are doing Great Analysis!



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  • needhelp!
    02-15 02:24 PM
    Are you pumped up for campaigning over the weekend?

    I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .





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  • frankiesaysrelax
    09-19 05:02 PM
    Immigration Voice did 138 lawmakers meetings (in House and Senate). They did the rally. They would consider IV as a organization that can help them PUSH for their legislation. Now we have a place at the negotiating table.
    Amen. Out of sight, out of mind, as the pithy goes. Those lawmakers will have a recall now because of the in-person meetings.





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  • laborchic
    06-26 03:10 PM
    Called up the office and conveyed the message.





    willwin
    03-20 03:55 PM
    Assuming no relief for immigration system as a whole, EB3 India will move forward substantially only during last quarter of the FY.

    Rest of the times, it will be in 2001 or 1999 or even pre-immigration years. You never know.

    The least preferred category among EB (taking the country tab in to account) is EB3 - India.

    Isn't that a privilege to us?





    paskal
    09-20 10:58 AM
    they were not formed at the last moment in most cases
    what makes you think people participate in those? from personal experience
    in the MN chapter, it's hard to even get replies to e mails, forget meetings etc. of late though i'm glad to say the MN chapter has really beugun to pick up again.
    ask the tri state guys how much effort they put locally- meetings- fliers- phone calls, all by a handful of volunteers. so all this is good in theory and yes it takes time. but the apathy (even hostility) that was encountered was frightening. ask chanduv23 someday what the tri state guys went through...



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