Thursday, June 9, 2011

lessons to be learned

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  • krustycat
    10-24 10:40 AM
    I called uscis twice. The IO said they cannot raise a "Service Request" because they don't have enough evidence that the application was received properly and accepted for processing. They don't accept the tracking number as evidence. :confused:
    The IO asked me for the receipt #, or evidence of checks cashed because I'm not in the system yet. :mad:
    On July 9 my application was received in NSC and was signed for by F HEINAUER.
    107 days and counting... :(





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  • mtsaha
    08-09 01:16 PM
    You can leave it as blank, you will getting the A# with the 485 receipt ...

    Hi, Thanks for your reply.
    Also by any chance is "alien receipt number" same as the A# that appears
    in my old OPT-EAD? If yes then perhaps I can use that? I know that
    "A#" is called "alien registration number".

    Thanks, Mtsaha





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  • Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good





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  • GCBy3000
    07-21 03:56 PM
    Hi,

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.

    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help



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  • h1-b forever
    01-04 08:29 AM
    Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.

    What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?

    The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.

    Representative Lamar Smith

    Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:

    "The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.

    "In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.

    "Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.

    "Texans also should not have to compete with illegal immigrants for scarce jobs.

    "According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.

    "Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.

    We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."

    Rep. Smith supports:

    * State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
    * Mandatory E-Verify on Employers (H. Res. 1026)
    * End to Birthright U.S. Citizenship (H.R. 1868)

    He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.

    Where does Rep. Smith stand on legal immigration?

    He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.

    Representative Steve King

    The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.

    Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."

    What does Congressman King have to say about legal immigration?

    "Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."

    Conclusion

    So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?

    Not so fast.

    Members of Congress, whatever their ideology, must represent the interests of their constituents.

    You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.

    When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.

    And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.

    So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.

    Time will tell.

    From Carl Shusterman blogs





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  • chanduv23
    09-03 10:00 PM
    Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.

    The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.

    While few members are highly informed on all these things, a lot of members will have basic questions.

    Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.



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  • nkavjs
    11-15 10:00 AM
    I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.

    There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.

    From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!

    By this location I mean where Ashleys furniture is on US 31 and 146th Street.

    I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.

    Hello Folks :

    I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
    Thanks
    RPH





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  • sukhyani
    01-27 11:43 PM
    Are you from Rest of the world or India/china?

    Rest of the World.



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  • posmd
    03-19 10:13 PM
    Can one of you guys tell me what is the policy of the OK secretary of state on Drivers licenses for the various legal immigration statuses eg H1b, EAD with approved 140, F1 etc.?
    I'm considering a move there and would appreciate your feedback.





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  • stucklabor
    03-16 12:09 PM
    Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.

    Eb3_nepa, read my post closely; read the report as well, and then post again.

    I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.



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  • h1extn
    08-07 11:24 PM
    Hi All
    If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help





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  • simple1
    10-06 10:31 PM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...

    Thanks....

    In one of the previous posts the same user tries to taint l1b visa holders.

    my consultatn lawyer told me that i can not stay here but my consultant told me that you can stay here USCIS will not come to know about it.
    how USCIS come to know that i stayed illiegal in US



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  • veni001
    06-22 02:46 PM
    With same employer could definitely trigger audits from both DOL and USCIS!!


    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil





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  • GCeffect
    10-10 03:10 PM
    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006



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  • aya2004
    06-07 04:45 PM
    I see two votes on cloture were rejected !

    http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_110_1.htm





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  • sGC
    08-08 04:50 PM
    Hi

    Recently we went for interview and they requested a PCC for my wife since her finger prints were non classiable. So i have contacted my local city police and they have requested to contact the nj state police. The nj state police has requested a fill out a form with all the details anf they took the finger prints. my question is since the finger prints taken were non classifiable earlier how are these FP's taken by the state police going to help them. do i have to do anything else? has any one been in the same situation?

    thanks



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  • agt
    05-23 08:21 PM
    can you pls reveal the name of your employer?
    Thanks for your Reply.
    Right now I am planning to lodge a complaint to DOL against this body shopper.
    The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
    H1B visa holder.





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  • psaxena
    05-04 11:16 AM
    My case is in Nebarska.. is their an email for that location?

    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





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  • diptam
    05-08 09:53 PM
    That's the point.

    I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??

    I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:

    And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.

    If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.





    kittu07in
    08-20 06:39 PM
    no....485 is not applied for her. She don't have an EAD.





    go_guy123
    09-09 09:38 AM
    Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible

    If you see the political realities, Obama has lost a lot of political capital on health care.
    Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
    in the Congress and not Senate.

    You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
    Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
    skilled immigrants.



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