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  • virald
    07-18 12:54 AM
    Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

    Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).

    Guys,
    I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)

    Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.

    Posted by: Greg Siskind | July 17, 2007 at 09:17 PM (http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html#comment-76226938)





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  • sc3
    10-18 10:32 PM
    Kumar:
    Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding

    Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.





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  • immique
    07-13 02:03 AM
    the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.

    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input





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  • amsgc
    02-05 09:24 PM
    It is very important that we point this out to Lawmakers/public when they begin drafting the CIR.

    Big question:

    Why not put a country cap on the CIR for all undocumented?
    What are the reasons for not doing that?

    Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?



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  • jsb
    08-20 10:05 AM
    To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.

    Retrogression is a CP-friendly event.

    Can one initiate CP if so chosen in I-140, but already applied for AOS?





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  • priderock
    06-30 11:41 PM
    Although our endeavor should be to make USCIS accept applications through out July , In my opinion We should be willing to accept any compromise cut off date for accepting applications. Say for example two weeks from Jul1 or 1 week from Jul 1st etc. (Worst case being cases received until revised dates are published). I know some of them might not get their applications through in first two weeks , but I think it is better than alternative (Which is no one gets through)




    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team



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  • sri1309
    09-10 08:45 PM
    Personally for me, why do I need the citizenship?
    1) My parents don't want to come and live here.
    2) How do I tell my future children that this country is the best country for them when it screwed their dad or gave him secondary treatment for 8-10 yrs when I spent here.
    3) How do I "love" this country with a true mind knowing it did not give me the same opportunity it gave to immigrants from other countries? How do I digest the fact that europeans, mexicans, filipinos etc are getting preferential work related immigrant visas ahead of me? and I would still pledge my allegiance to this country knowing I have not been treated fairly?


    You see there are more moral and ethical questions to be answered. I have made my money here. I could almost retire in India with this much money in next 5-10 years.

    Hi,
    I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.





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  • retrohatao
    02-03 09:40 AM
    I have not heard from any of the moderators/forum organizers on this. Does that mean immigrationvoice is NOT FOR "name check" affected immigrants?



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  • apb
    08-16 01:04 PM
    Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.





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  • sugaur
    08-22 12:57 AM
    I am not sure why you guys are so harsh when someone is asking for guidance and help. If you have lot of time please go after the antis...there are lot of websites to rant your farustartion. If you can not give any useful information...please refrain from posting. It just gives very bad light.

    Hey, I think the suggestion to contact congressman/senator/newspaper is a good one, probably the best anyone has given so far.
    I couldnt resist making a crack, here's a person with ABSOLUTELY no clue about US immigration system blaming the USCIS for sending an RFE. And taking care of a 500 pounder doesnt qualify for a waiver for labour certification:D



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  • samirpatel08
    03-10 01:44 PM
    I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.

    According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.

    In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.

    If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...

    There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.

    Job title can be different but job duties must be similar.

    Salary difference is ok but it should not be less than what is mentioned in labor certification.

    In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).

    Cheers!





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  • Macaca
    06-11 08:29 AM
    Dear Colleague:

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.


    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************

    Where the Job Openings Are Now (http://online.wsj.com/article/SB10001424052748704575304575296692796660262.html) By JOE LIGHT | Wall Street Journal, Jun 10 2010

    The number of job openings grew in April, indicating a continued loosening of the job market after the worst downturn in decades. Employers had a seasonally-adjusted 3.1 million openings on the last business day of April, up about 300,000 from March and about 800,000 from last summer's trough.

    Industries seeing the most growth included education and health services, which saw openings rise 7% from last month, and professional and business services, which grew about 24%. Government job openings saw the largest contraction--about 8.5% fewer public sector jobs were available in April than were available in March.

    The slowest growing region in April was the South, which saw openings rise by about 6%, while the Northeast, Midwest, and West saw increases of between 12% and 16%.

    "We're definitely seeing a brighter outlook, but not near a rubber-band snap back," says Rich Milgram, CEO of Beyond.com, a network of 15,000 niche career websites.

    Entry-level jobs posted on Beyond.com's network increased 80% between the first quarter of last year and this year, with engineering, healthcare, and information technology industries faring the best. High-paying, managerial roles saw more tepid increases, indicating that employers are choosing to fill cheap positions first, Mr. Milgram says.

    Even though the number of openings has grown, it can take three to four months before increases in openings start to translate to increases in actual hires, Mr. Milgram says.

    Soliant Health, a staffing firm for the health care industry, has seen requests from companies for nurse practitioners and physician assistants triple in the last year, says president David Alexander. Retailers, many of which have opened clinics inside their stores, and companies conducting in-home clinical trials have been among employers showing the most demand, while pharmacy technicians and licensed practical nurses, who don't need as much training as registered nurses, have been hard to place.

    "We're just starting to see pockets of demand pick up after the layoffs last year, but employers are still having no trouble finding candidates," Mr. Alexander says.



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  • god_bless_you
    07-04 07:42 PM
    So you are saying that They assigned Visa numbers to the existing cases before processing and approval the cases are not yet approved and we can expect approvals in near future once name check etc are cleared ??





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  • stucklabor
    07-25 08:43 PM
    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.


    Once more unto the breach, my English friends.

    BKarnik, there are sections in INA that use the phrase "Employment Authorization". For instance, see this base page for INA.

    http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20?f=templates&fn=document-frame.htm#slb-act

    Sec. 106 deals with Employment authorization of battered spouses, right on the front page of the link. There are other sections in INA that deal specifically with Employment Authorization. The problem obviously is that each class of aliens eligible for Employment Authorization has their EAD specified in their own section. 8CFR ties all of these classes together in a single place.



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  • logiclife
    12-20 07:55 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien's admission.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.





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  • dressking
    09-28 11:19 AM
    Well - though white racists may oppose - anything related to economy and development does go through.

    I personally think that if this proposal goes through - EU will be the next melting pot.

    Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.

    Does anyone has more info on this?

    People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.

    But at least when the two groups who are against each other are about the same in size, you will feel less pressure. If you are among few foreign professionals working among a largely native population, you will feel a lot of pressure.



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  • akred
    01-28 11:23 AM
    If the country cap was supposed to increase diversity, lets have a country cap based on the person's race. Or lets have a single country cap for the EU. The fact that political integration in Europe has lagged behind China and India is being used by the restrictionists to limit immigration from the 3rd world.

    Anyway, point is the immigration system overall is broken. IV should seriously consider making common cause with the lobby for undocumented immigrants. The way I see it, my H4 wife is an illegal immigrant now since she volunteered at some place in exchange for reduced fees.





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  • return_to_india
    10-10 05:42 PM
    It is unreasonable to carry a passport at all times when you are living here. What happens if you leave it behind in the grocery store by mistake or leave it in the cab or something? I think the issue reported by the OP is more relevant close to the border. Nobody asks for your passport in Vegas or Denver.

    I would advise US govt. to build a system where officers can verify legality by checking the biometrics ( some handheld devices that connect to a DB ) , which should free up one to carry documents while on domestic travel. If biometrics cannot be found then proceed to grill on docs.





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  • andy garcia
    01-25 10:39 AM
    And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.

    Data and estimates and links to websites needed for estimating when a PD would become current.

    Can you re-estimate the new dates. Using this data

    ******* EB Pref*******EB3
    FY**|*Total*|INDIA | *Total* |India
    2000|107,024| 15888| 049,736| 05567
    2001|179,195| 41720| 086,058| 16405
    2002|174,968| 41919| 088,555| 17428
    2003|082,137| 20818| 046,613| 10680
    2004|155,330| 39496| 085,969| 19962
    2005|246,877| 47160| 129,070| 23399
    2006|?????????TBP in the near future ???????


    THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
    They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    andy





    senthil1
    06-13 11:43 AM
    Impact of rule 2 will be minimal and that rule will be really used not to displace
    US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.

    Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal

    Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)

    With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR

    Correct me if my understanding is wrong.


    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...





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