Monday, June 13, 2011

checks and balances of constitution

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  • of checks and alances


  • nagamani
    06-11 06:29 AM
    These small movements does'nt make much difference. It may get retrogressed any time.
    I feel DOS / USCIS /Nclex are trying to attract new applicants. This year very few had taken Nclex. These people are in greed of money, they are even planning to increase fee for green card.

    This is my view

    Naga




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  • of checks and alances.quot;


  • kumarc123
    07-01 12:46 PM
    Hello there,
    I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.


    To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.

    It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.

    Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.


    I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.


    Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.




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  • hydboy77
    02-13 06:38 PM
    Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.

    Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.

    I understand you are not being selfish but why would anybody want to use EAD instead of H1 other than for getting rid of visa stamping purposes. The overwhelming majority of people are going to use EAD to switch jobs because of layoff . When people are transfering H1b because of layoffs they are getting rfe\denial notices, when you move from H1b to EAD because of layoff USCIS might hit you with the same\semilar job rfe (when you file ac21, when previous employer revokes H1 or I140), that is my point.






    What I am saying is bring in protection to AOS by
    -removing the same or semilar job requirement in AC21
    Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item

    Kiran :)




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  • Checks and Balances


  • anilsal
    12-05 10:39 AM
    In my opinion, with this global economy - if the spouse is well educated and can work, there should be an opportunity for that person to work (atleast few hours per day).

    Sitting at home and taking care of kids for long, can drive a capable/educated individual to psychological issues, which can overall have an impact on family as well as the mental wellbeing of the breadwinner.

    What happened to all those Equal rights for women/dependents etc etc groups in the US? Ofcourse I am not saying that all H4 people are women (the majority is women)



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  • another one
    06-26 02:08 PM
    i thought a simple majority i.e. >50 would make the bill pass through senate. is that not true?

    Its only going to take 5 people to break away from the 64. Those 35 "No" votes are the ones who want CIR dead NOW. They are not going to change. But those 64, its only going to take 5 people to walk away.

    There are 24 amendments. I think atleast 5 people would see their amendments fail on the floor of the house and probably another 5 atleast who would withdraw support because someone else's amendment passed. This baby is going DOWWWNNN this weekend per my estimate. I could be wrong but again, 24 amendments ? That's too many darts on a fragile compromise.




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  • of checks and alances and


  • som_yad
    07-18 10:55 AM
    My I 140 is delivered on 16th July.
    Please some senior guys who have overcome this problem, please explain us how it needs to be handled ?
    Only tracking number OR covering letter OR cashed check ?
    OR All of them?



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  • whipping out the quot;Checks


  • MLS
    09-25 01:42 PM
    I dealt with Fragomen for last 7 years. I can say following about my experience �

    I work for fortune 500 company and Fragomen was the law firm my company used until early 2007.

    1> The emails, voice mails I sent to them used to disappear in a �black hole�. I had to wonder whether and when any response will come to an urgent, time sensitive question.

    2> Many times after waiting a week or so for response I had to escalate the matter to my company�s legal department to talk to Fragomen. This used to work like charm, I used to get answers within hours.

    3> I had to keep them reminding them about next step to take, as delay from their part had cost me years in the processing.

    4> I think many of my co workers had similar experience and that is why my company finally switched to different law firm in Jan 07.

    5> I hoped to never to deal with them again but �last week I got invoice from Fragomen for something the did for my case in Jan 2006! I don�t know why they sent it so late and why directly to me instead of my company. Well, this time I am going to wait until they call me to take any action on that invoice.
    So they lost a Fortune 500 client because of their customer service and I think they will continue to loose more if they don�t change.I hope somebody from Fragomen reads this and fixes their system. To me I am very glad that my company left Fragomen !




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  • Checks and Balances


  • rajsand
    09-20 01:33 PM
    Macaca
    This is a very biggg thread.can you give me the page nos or a range from this page to this.. so It would be easy to read..! being in office I cant scroll thro so many pages !thanks

    Totally agree with JAIME.. there should be only one slogan.. "LEGAL IMMIGRANTS IN BOLD"



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    checks and balances of constitution. Checks and alances to Obama…
  • Checks and alances to Obama…


  • bushman06
    05-17 03:39 PM
    done




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  • The constitution of India


  • needhelp!
    02-11 11:45 AM
    Yes, its not easy to remain positive but we try. :)


    I prefer "h4_hoping"! thanks! Great work everyone!!! Let's keep onwards and upwards. Has anyone been contacting immigration lawyers who they've used in the past? I think I will try contacting a couple of offices. I know these folks are crazy busy but we could try leaving some printed letters in their offices for a week then go back and pick up? Any one had any luck here? Thanks!



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  • wonderlust
    09-20 04:06 PM
    Thumb-up for the DC Rally! I think our efforts will be long-term. We got to get the idea across to as many people as possible. Rally is powerful, but we also need to use other types of campaign--big or small to get our voice heard.

    One idea my American friend shared with me was to make presentations at retirement centers or community centers/ events. We need to be visible and our contribution to the country made known.

    Wonderlust

    Hello guys!

    I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?

    I think we need another rally before the end of the year. There are 2 reasons:

    1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.

    2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.

    Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.

    So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.




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  • satyasaich
    07-21 03:16 PM
    What ever you have pointed out is very valid and no doubt, shows the injustice. However, considering the present situation following are my thoughts.

    1. Let's call for an action item for all those IV members whose LCs are still in BECs
    2. Try to present the case to USCIS in a truly meaningful way about the those individuals still waiting for LC approvals
    3. Try to get an exception so that they can file 140+485 even after Aug17th.
    (atleast this is not an impossible thing to USCIS to accept just few thousand when compared to hundreds of thousands)

    I strongly believe in IV from day 1 and quickly take an action item first of all to come up with list of the individuals (as many as possible).
    Then, let's approach USCIS (i don't know how to do it at this time, but open this for some good ideas) to get an exception for those cases still to come out of BECs

    I know so many of us have already filed for 485 or busy to file before Aug17th, but PLEASE LET'S DO SOMETHING.
    Personally even though i applied for 485, i'm all for it and justice MUST BE DONE




    Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.

    The manner in which the backlog reduction center have been processing the
    labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.

    The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
    ignored, inspite of the fact that people who applied for labor much later
    have been approved through the traditional process.

    We want to file a case ASAP with the DOL or other relevant
    authority regarding this issue and the unfair way of the process that we
    have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?

    The next steps should be:

    - Get all of the support we need from all affected folks ASAP
    - Get in touch with a lawyer who can help us to prepare the case
    - File the case in a court against DOL
    - Make sure we get justice

    Please join and show your support. Please help!!!



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  • m306m
    05-02 09:33 AM
    <<bump>>




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  • needhelp!
    03-04 09:56 PM
    I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is: http://download206.mediafire.com/xwcsdggj4yjg/blrmnntd10w/FOIA_USCISResponse.pdf (http://www.mediafire.com/?blrmnntd10w)
    --------------------------------------
    February 24, 2009
    NRC2008065126

    We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
    - EB-2 China
    - EB-2 India
    - EB-3 China
    - EB-3 India
    - EB-3 Mexico
    - EB-3 Philippines
    - EB-3 Rest of the World

    Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.

    In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.

    In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
    _____________

    NRC2008065126
    Page 2

    E21 203(b)(2) PROF/EXCPTNL ABILITY
    E22 SPOUSE OF ES1 OR E21
    E23 CHILD OF ES1 OR E21
    E26 203(b)(2) PROF/EXCPTNL ABILITY
    E27 SPOUSE OF ES6
    E28 CHILD OF ES6
    E30 203(b)(3) CHILD OF E36, E37
    E31 203(b)(3)(A)(i) SKILLED WORKER
    E32 203(b)(3)(A)(ii) PROFESSIONAL
    E34 203(b)(3)(A) SPOUSE OF E31, E32
    E35 203(b)(3)(A) CHILD OF E31, E32
    E36 203(b)(3)(A)(i) SKILLED WORKER
    E37 203(b)(3)(A)(ii) PROFESSIONAL
    E39 203(b)(3)(A) SPOUSE OF E36, E37

    Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?

    Please define priority date.

    You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.

    If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.

    Sincerely,

    T. Diane Cejka
    Director

    ___________________________

    I will post a scan tomorrow

    From what I understand, they aren't able to get the numbers by country of chargeablility.

    Its funny they are asking me to define priority date ! :)

    ____________________________
    Here is the original letter template sent to USCIS

    FOIA Request for number of pending Employment based AOS/I-485 Applications

    John Doe,

    200 Main Street,

    Chicago,IL,60001

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

    Dear FOIA officer,
    Several Employment based categories have been retrogressed for 4 years now and the exact number of pending AOS applications sorted by priority dates in the employment-based category is unknown. Department of state has been establishing the cut off in priority dates based on educated guesses and approximations. DOS and none of the Employment based applicants know the number of applications pending per category, per country sorted by priority dates. DOS visa office expressed similar concern in Oct 08 bulletin.

    “Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.”

    This information would be helpful in determining the priority dates accurately and in determining when a visa number will be available for a given priority date in a certain category. I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) in the following categories sorted on a priority date basis from 2001.

    EB-2 China & India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now

    EB-3 China, India, Mexico & Philippines & Rest of the World: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now
    Thanks,

    John Doe.



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  • saloni
    06-25 11:54 PM
    I sent my EAD paper file on 29th May to TSC. I received my EAD's today for 1 year. Cutoff date for 2 year is 30th june.


    mirage - Did you paper file or e-file. Did you use USPS or Private courier to send to TSC.




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  • tawlibann
    06-25 04:44 PM
    They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.

    Well.. :) Look at it from the positive side. It may also mean that your I-485 application is going to take less than a year to approve. (According to USCIS, 2-year EADs are going to be issued only to applicant whose I-485 approval is expected to take a very long time, e.g. more than a year.)



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  • sachi12
    10-20 09:06 AM
    Hi,
    My H1B 6 years will be finished in February. My I140/485 were filed in August and I will be laid off on December 31. What options do I have now?

    - My employer had filed my immigration papers at my current work location. They are willing to relocate me to different location but are not sure on the impact of change in address. Can I relocate with my current 140/485 filed for current address?

    - Can my H1 be extended based on approved labor? I can then move to new location with same employer on renewed H1B and start the entire process again?

    Thanks




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  • nk2
    06-22 12:42 PM
    With LC substitution Going away and 45 days between LC and I-140 and people able to apply in July for i-485 , with in next 3 months, INS will have a good knowledge how many are pending and how many years it will take .

    Poeple should be able to get EAD and enjoy their time.

    More H4's armed with EAD will enter the job market, Guess, more Testers, Java, .net developers driving the billing rates down and too much of unexpected mess

    Get ready


    People with EAD feel more secure in their jobs. Unlike those on H1 who have to keep their job, people with EADs are free to change their jobs anytime. You know what happens when people are free to change jobs? As soon as they feel they are not getting fair deal, they move to another job, a better paying job. The salaries will actually go up, not down.




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  • santb1975
    04-16 06:49 PM
    I have had no problems with them. I always got my emails/ calls answered from my attorney and paralegal in less than a day. They were always reachable. All my paperwork was filed per the timelines that were communicated to me. I could not ask for more. They were awesome




    houston2005
    06-10 09:36 AM
    Senator Hilary Clinton introduced an amendment to exempt apllicant's dependents from visa quotos, which will reduce the retrogression signifcantly, why Core choose the Coryn's not supporting Hilary Clinton's? She is very likly to be our future president.
    Her amendment realted to FB based and not to EB based.

    PS: I am not from IV core




    trueguy
    11-21 09:28 PM
    I think if USCIS start publishing the number of applications (based on PD of course) pending for each month, then we can predict our future and life will be much easier.

    We are not asking for too much and I think IV can make it happen fairly easily.

    Any thoughts?

    Thanks.



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