Tuesday, June 14, 2011

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  • Berkeleybee
    09-01 08:39 PM
    Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.

    It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)

    He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.

    Google the guy, you'll see his rage all over the web.

    These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.

    best,
    Berkeleybee





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  • jayram123
    07-12 12:05 AM
    If this is true it's really horrible and scary that this gov. agency is handling our applications.


    It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(





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  • sroyc
    12-11 04:24 AM
    From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
    Perhaps unfairly, they do not have the same quotas for the spillover visas.

    Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.





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  • div_bell_2003
    10-14 07:43 PM
    You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

    My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.



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  • stuckinmuck
    05-30 01:27 PM
    Have written to my Immigration Coordinator who will confirm with the company lawyer if this rule applies to 'pending' I-140 approvals or will 'filed' and 'approved' I-140 (prior to May-15-07) be safe.

    Will let you know his response.

    __________________________________________
    Contribution so far: $1000
    Webfaxes sent to all Senators
    Emails sent to Senators, Representatives, Reporters





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  • cagedcactus
    06-11 12:53 PM
    Hmmm....
    If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
    We better move quick and start pulling every string that is in our control, or else it will be too late.



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  • DDash
    09-23 04:44 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks for this info. Would you mind sharing the fax number? Thanks in advance.





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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10



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  • chandansrs@gmail.com
    06-27 05:00 PM
    KrishGreen,

    Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.





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  • ultimo
    10-02 12:06 PM
    PD is important . inorder to use the visa numbers the applicant whose FP & name check is cleared but Pd is not current but other applicant whose Pd is current but name check is not cleared The person who cleared will get the priority instead of PD . one of my friend got like this . so its cat & mouse game anyone can get it



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  • Sath thesmilingstar
    02-24 05:09 PM
    Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.

    Good Luck..
    RV..

    "AP is Advance Parole" to enter US.

    yes i did call them and they were asking me for a social security number which i donot have so how do i deal with this.





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  • cbpds
    06-25 05:58 PM
    Well dont you work for less?.....based on the market rate?

    Remember $8 per hr is tax free as well

    jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.

    I can throw in some numbers for Washington, DC area. For a family of 4.
    Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.

    So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.



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  • chanduv23
    05-11 11:32 AM
    I Used their tool but sent the folllowing message

    Greetings. My name is XXXXXXXXXXXXX. I

    am a citizen of India and have been living in the United States for close
    to 7 years on a H1b visa and work as a Senior Software Consultant catering

    to various Ammerican clients and my employer is located in Irving, Texas.

    My Green Card petition was filed by my employer under the EB2 category and
    my I 140 petition has been approved, but I am unable to file for i485
    (Adjustment of Status) because visa numbers are not available. My wife is
    also on a H1b visa and is a first year resident physician at a Community
    Hospital in Brooklyn, New York on a H1b visa.
    Based on the fact that we have been law abiding tax paying legal
    immigrants, we would like to reach out to you and let you know our issues.
    Our main issue is career stagnation. Unavilability of visa number
    (retrogression) locks us up with the same employer for years together and
    does not allow us to grow careerwise and unable to make critical and life
    decisions.
    We duly understand that there is a 7% per country upper limit when
    Visa numbers are allocated and the fact that India and China has been over
    subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
    Bill have provisions to raise the cap and we would like to support these
    bills and the provisions.
    High tech and health care are sectors where highly skilled immigrants
    from all over the world are attracted to and want to contribute in the
    best ways we can to pursue our American dream. We would like to contribute
    to the growth and development of America in the best possible way. Please
    support us and help us in our cause.

    Sincerely,


    XXXXXXXXXXX
    718XXXXXXXX





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  • anilsal
    11-18 04:30 PM
    USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)

    Why would USCIS do duplicate work?



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  • OLDMONK
    07-08 08:44 PM
    You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.

    My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.

    Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.





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  • sku
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    I think ?

    Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else



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  • sunny26
    02-26 12:19 PM
    today atlast my 140 approved nsc dec2006 eb3





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  • perm2gc
    09-18 12:12 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123 Hi PAN123..
    is it you or your brother want to come to US... ? If you want to know various paths ask your friends in the medical colleges who will explain you everything or goto ECFMG website to get more info.





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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.





    sr123
    02-11 10:13 AM
    As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)

    Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.

    So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.





    badluck
    06-25 02:47 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    send new again. anyways first one is going to come back.



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