Friday, June 10, 2011

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  • reddymjm
    06-15 09:53 PM
    Can someone tell me , about the INFO pass process. How does one create a INFO Pass appointment, what is the process , in case i want to know about the status of my 485 application. How soon do u get the appointment ? I am based out of Southern CA

    Google for infopass appointment.




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    05-28 05:25 PM
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  • coopheal
    03-14 10:12 AM
    It�s good that at least some of us are getting VISAs, instead of VISAs being lost.
    However if this continues we could see a big movement to switch over to EB2 with or without porting PDs. This may in turn help EB3 :)
    We need to make this a sticky thread, so that we can brainstorm and put best ways to switch from EB3 to EB2 w/keeping older PDs.

    Below from post: http://immigrationvoice.org/forum/showthread.php?p=230406#post230406

    http://www.murthy.com/news/n_analys.html

    Transfer of the Earlier Priority Date : EB3 to New EB2
    �MurthyDotCom
    The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)

    This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.




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  • franklin
    10-01 11:22 AM
    Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.

    Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.

    No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.

    You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.

    The fact remains, the USCIS is very far from effcient



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  • amitjoey
    05-25 03:33 PM
    Unfortunately, unless we write to our senators, congresswo/men, and media our issues are going to be sidelined. That is why we need to call, write emails and get to DC, step up the advocacy effort.




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  • gc_rip
    02-25 06:32 PM
    My Mother in law is severely sick, and my wife needs to travel asap. We need to get her AP, as it's expired.
    1. Is there an urgent processing option for the AP? And how ?
    2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?

    Thanks,



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  • johny5278
    06-06 04:13 PM
    I guess there is very little follow-up on this issue.

    Even I tried to get an SSN for my spouse (H4) and was turned down... I asked the lady on the counter to give me a denial letter and have it with me. Maybe it will be of some use later in this process.




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  • mundada
    01-12 09:48 AM
    Here we go again!

    It can be shown that per country quota leads to (unintended) discrimation at employment and hence the GC per country quota is illegal.

    Employment based GC per country quota => A very long wait (eg. more than 3 years) in same or similar job position for people born in only few countries => Hinderance to career growth because one cannot advance from engineer to managerial position even though he/she is qualified for the promotions while his colleagues from other countries can => Person from an oversubscribed countries such as India does not have equal opportunity to career advancement because of a very long wait time difference between people born in these 2 or 3 countries and people from all of the other countries.

    Key Point: Equal opportunity employement advancement is protected by "Title VII of the Civil Rights Act of 1964 (Title VII)" and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment.

    National Origin Discrimination & Work Situations:
    The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

    National Origin Discrimination (http://www.eeoc.gov/laws/types/nationalorigin.cfm)

    Someone with more than 3 years of wait and still in same or similar job description should definitely be able to file a lawsuit against the US Government and claim compensation for the lost opportunities.



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  • eb2_immigrant
    10-19 05:19 PM
    Hi All,

    I am planning to apply for PIO card for my son born in last month. I would like to send the documents to CGO Houston. Can you please suggest what are the documents should I send. I see the information in their website but looks confusing regarding orginals or copies.

    Thanks !
    I received PIO for my son last week; here are the documents I sent.

    1) 2 Photos only, Yes just 2 not 4, there are several discussions about it but 2 worked for me.
    2) My passport photo copy (first and last 3 pages only )
    3) My wife's passport photo copy (first and last 3 pages only )
    4) My kid's US passport photo copy (first and last 3 pages only )
    5) My kid's birth certificate photo copy.
    6) Utility bill (electricity original)
    7) $185 cashiers check
    8) $20 bill
    9) Application form.


    All the photo copy documents were notarized including birth certificate.
    Thumb impression of my son on the application form (on first and second page).
    Parents singature.

    And that�s pretty much it ...got the PIO in 2 weeks. I did send email to check on the application after 1 week of applying, but there was no response from the SFO office.

    Hope this helps




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  • ilikekilo
    03-13 04:12 PM
    EB3 (India) moved 2 months. Good news. But then?
    What you expect for Eb3 guys? What may be the trend in coming months?

    2002....2003....2004.....?

    sit and wait...until u get old.. u know i mean



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  • Lil#39; Wayne and Nicki Minaj


  • needhelp!
    06-24 12:36 PM
    Lets see if we can keep this thread on top with call reports. If you haven't done it yet, do it now!




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  • ekkatip
    03-14 02:32 PM
    My experince in porting EB3 to EB2.

    One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
    Meanwhile he got promotion in same company. So he applied for EB2 labor.
    (If 50% of job duties change you can claim experience gained in that company.)
    He applied another labor in Eb2.
    Eb2 labor cleared from same company.
    I-140 cleared (ported old priority date.)
    Applied I-485 in early 2007.
    He got GC by end of 2007.

    My case was also similar.
    My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
    Labor and I-140 cleared in 2006.
    Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
    My Eb2 labor approved in 2007 (perm)
    I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.

    My attorney requested USCIS to port PD but no luck till now.

    I spent 7000$ for this.



    Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.



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  • krishnam70
    03-23 08:02 PM
    As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.

    According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.

    in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law.

    For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.

    Hope this helps!:)

    BTW there is nothing like H1 Transfer as I learned, when you file your H1 with another employer its equivalent to a new H1 only thing is it will not count in the current year's quota.

    You are good if you maintained valid status and have the documents to prove, not working for employer X with an approved petition is ok if you maintained your valid status with your current employer.

    Get a good letter drafted by your attorney and it should be straightforward. Your attorney should have told you that.

    - cheers
    kris




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  • go_gc_way
    07-17 04:10 PM
    Folks here in this country should ofcourse get their gc, but I do not seem to understand this labour substitution for other than technical reasons.



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  • anilkhandekar
    05-29 11:12 AM
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  • bheemi
    06-25 05:03 PM
    hi mirage,
    you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.



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  • learning01
    03-17 04:19 PM
    Frist Pushes For Quick Vote On Immigration
    Majority Leader Bypasses Committee

    By Jonathan Weisman, Washington Post Staff Writer, Friday, March 17, 2006; A04

    Frustrated by the Senate Judiciary Committee's slow progress on politically sensitive immigration legislation, Senate Majority Leader Bill Frist (R-Tenn.) introduced his own bill last night to secure the nation's borders and crack down on illegal immigration.

    Frist's bill will go directly to the full Senate. But he said he will allow Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) to substitute a committee bill if Specter's panel could approve one March 27. Otherwise, the majority leader will stick to a strict, two-week schedule to finish work on what he conceded would be "as challenging a bill as any we'll have to address this year."

    The majority leader's power move stunned committee Republicans and Democrats, who have been struggling for three weeks to reach agreement on a comprehensive immigration bill. Specter said he objected to the maneuver.

    "It would be chaos on the floor to have this bill debated without the committee acting first," Specter said yesterday afternoon, only to grudgingly accept Frist's move in the evening.

    Some Republican aides said they believed presidential politics were at work. Frist, a prospective candidate for 2008, left out of his bill the guest-worker program that President Bush has demanded and Sen. John McCain (R-Ariz.) -- a potential White House rival -- has championed. Such a program is unpopular with many conservative voters, who see it as amnesty for illegal immigrants. Many Republicans believe a new law to get tough on illegal immigrants is one of the few pieces of legislation that must be passed before the November elections if the GOP is to maintain the allegiance of conservative voters.

    Frist said he was motivated by a belief that only prompt Senate action will allow Senate and House negotiators to reach a compromise on a final bill this year. The House passed in December a border security bill that did not include a guest-worker program.

    Senators from both parties have come to near-agreement on provisions bolstering the U.S. border patrol, adding new technologies such as unmanned aerial vehicles and raising penalties on illegal immigrants and those who aid them. Sens. Edward M. Kennedy (D-Mass.) and John Cornyn (R-Tex.) neared agreement yesterday on a guest-worker program that could smooth the way to bipartisan passage of a Judiciary Committee bill when lawmakers return from a week-long break next week.

    Under the deal, Kennedy would agree that illegal immigrants who qualify for a guest-worker visa would have to go to their home countries for a year before applying for a visa extension of three or four additional years. But, Senate aides said, that one-year return could be waived if guest workers' employers said their continued labor was necessary or if a guest worker could prove a consistent work history.

    With Democrats, Bush and many Republicans favoring a guest-worker program, immigration advocates say no immigration bill can get out of the Senate without one. But House opponents say they have commitments from Republican leaders that no guest-worker program will be considered on the House floor this year.

    � 2006 The Washington Post Company
    http://www.washingtonpost.com/wp-dyn/content/article/2006/03/16/AR2006031601919.html




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  • H4_losing_hope
    02-21 12:12 PM
    Hope you get more than 250.

    thanks!




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  • mheggade
    07-15 09:55 AM
    What about the people with earlier priority dates and already in the queue?
    I guess they are very low in numbers. Thats why they moved the PD to 2006.
    Again when I say low , it could be low number of ripe cases.




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    H4_losing_hope
    02-25 08:45 PM
    Me and my wife had each sent a letter on Feb 10 to the President and the IV PO Box. I did not see my id in the names of peeps who sent a letter.

    Just posting here to make sure you guys got the copies I sent you.
    Maybe my letter was not considered in the total sent so far and there could be others like me.
    Just a thought...

    Thanks jackisback, efforts appreciated very much, cheers for posting.



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