Saturday, June 18, 2011

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  • hetuweb
    10-23 09:36 PM
    whats ur pd? eb3 or eb2? which country? ??????

    hi eb3retro.

    when and where u filed for ur h-1b 7th year extension and when it approved?
    i filed on july 12, 2007 to vermont, still waiting for 7th yr, extension approval.





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  • GCNirvana007
    08-24 04:09 PM
    Are there any transfered cases which got approved? I am yet to see one. My service center is TSC but my case starts with WAC as it was sent to Calif for data uploading ...my bad luck...I will be current next month but i doubt any transfered cases will get approved...

    just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)

    SoP

    Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.

    If transferred case is the road block, you guys have a strong case to raise, even legal action.





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  • dilipb
    06-23 02:22 PM
    Hi Dilip,
    Where did you find the updated Renewal Form, I saw an update in Murthy.com, we need to use the latest for for I765

    and How much was the fee(Check you sent)

    Thanks,
    -Raj.


    This is the correct process of EAD renewal.
    - get the latest form always from http://www.uscis.gov/i-765
    - never use google or any search engine
    - since my first EAD was filed before the new changes implemented last year (i think july 2007), I had to pay $340. I think everyone has to pay $340 (Your case may be different, read the instructions properly)

    This now will give me a 2 year EAD. and even after 2 years If I dont get a GC, I will be able to reapply for EAD, at that time WITHOUT any FEES!!

    Bottom line is : Read the instructions properly.
    Email me if you need any help.





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  • bugsbunny
    04-21 02:19 PM
    Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??

    Please watch your language. Its a valid question. If you and your spouse have good jobs here and children are in school....moving back to support your parents may not be so feasible both economically and also for many other reasons. If you don't have useful and helpful suggestions to relieve the problem then please refrain from making attacks and have respect for others. you don't fully know or understand the person's circumstances



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  • centaur
    08-15 07:41 PM
    YES
    Citizenship is going to happen only after 5 years . But by then it would be long time gone .

    the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?





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  • mack
    02-28 10:51 PM
    Here is the first cut at story on 'Issues with GC + Retrogression 101' for media & public. Here goes:

    Why there is no green light on green cards?
    - By Vijay Reddiar


    There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.

    For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.

    Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.

    Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.

    For more information on Immigration Voice, please visit – www.immigrationvoice.org



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  • RDB
    08-03 08:01 PM
    True - that's exactly what the Adjudicating Officer told me today when I went in for the Interview :)......They want to avoid another July 2007.

    So, for efficiency, they are just pre-adjudicating some of the applications; so that, they don't get overwhelmed when dates move forward - they simply have to press the button for 'Card production ordered' message!

    In fact, the officer told me that he has 'approved' my application and will have to just wait for the dates to become current to get the actual plastic - also for fyi.....they can also deny the application instantly or request more evidence or call for a follow up interview. They actually give you a letter indicating what happened during the interview (it obviously doesn't say your application is approved - but it will explicitly say whether your application needs a follow up interview or additional evidence).





    Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated.

    I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.





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  • aeroterp
    08-27 04:49 PM
    I can confirm that DC allows you to renew online without looking at your immigration status. If you live in DC, make sure you renew online as I got it renewed for 4 years online.



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  • sachuin23
    04-20 11:45 AM
    Obama has done something. He made sure that we are in this pell mall because democrats are not getting additional 12 million supporters. Had he been only 50% passionate towards immigration as he was towards Health Care, we as well as millions of others would have been out of this mess. Lets see :). I am expecting a surprise before 2012 elections.





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  • BharatPremi
    11-08 02:32 PM
    Somebody gave me "Green" with comment "Green dot - GotGC??" . Thanks. No, I am still in wait hell.



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  • Jaime
    09-22 03:25 AM
    sounds funny and will make news, but I am not sure it helps in our campaign to get the system fixed.

    It would get attention and help in educating (legal vs illegal) and would be done in conjunction with other things like:

    -sending more flowers
    -a huge rally in Silicon Valley
    -candlelight vigil at congress
    -mass letter mailings from all of us
    -human chains
    -hunger strike?
    -etc

    We have to attack simultaneusly (but SMARTLY) from all angles in order to be effective!





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  • sre501
    07-19 09:55 AM
    EB3 PD April 2002 , filed 485 july 2nd fedex at 9.02 am



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  • jatinr
    11-03 10:12 PM
    if you have wired 10k to NRE account, you can get back 10k back and you can easily get clearance from RBI for the amount that you had deposited.
    If you need to bring more than what you had transferred then again RBI has set a cap of about 100k per year per person.





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  • Ramba
    09-05 03:34 PM
    In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.

    Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?

    AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.



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  • styrum
    02-09 02:24 PM
    I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
    where can i find more info about the appeal process?? any links to go to??

    Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
    The appeal process is described in PERM regulations:

    http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf

    4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"





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  • sujijag
    03-03 11:01 AM
    I sent an email to info at immigrationvoice.org on my AC21 issue. Can you Pls. let me know if IV could help me.



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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • ThinkTwice
    09-21 01:00 AM
    just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!

    The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.





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  • tooclose
    08-11 10:38 AM
    I believe they might have assigned a visa number to you. Please raise a SR or take infopass and try to find out more.

    Well I jumped a little too early :) and opened a SR in July. The following is the response I received:

    ================================================== ========
    The status of this service request is:

    The Service is waiting for VISA availability. Once a VISA becomes available allow additional time for your application to be reviewed by an Officer and you will be notified as soon as a decision is made
    ================================================== ========

    It is less than 60 days old status now and hence cant open a SR for 1.5 months :)

    BTW, it has been over 2.5 months now and my AP hasnt been approved yet :mad:





    chanduv23
    10-02 02:42 PM
    ^^^^^^^^^^^^^





    ps57002
    10-07 08:00 PM
    will be there.

    Do update the poll if planning on attending :)



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