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  • vicky007
    04-26 02:59 PM
    Here is a link confirming the above:

    http://www.dhs.gov/dhspublic/display?content=5551

    The strange thing here is that it says TSA and not FBI will be doing the backgound check, where as i am sure i heard on the NPR report that it will be the FBI which will do the initial Name Check.

    Regards.





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  • anilsal
    12-11 04:04 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.

    I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
    http://www.americanlaw.com/aos.html

    I think this act is not the applicable one.

    So I think we are still green to discuss this. Do you interpret the same?





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  • tooclose
    07-12 06:52 PM
    Hi,

    Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!

    Thanks,

    Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?

    Gurus post your thoughts...





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  • senthil1
    06-12 03:10 PM
    If no H1b restrictions then mostly lottery for new H1b for every year( I think 115k is not enough as Consulting companies will rush to get the quota on first day) unless unlimited H1b was given. Lottery is very bad for good companies. Best way is to put restrictions only for new H1bs and exclude from extensions and transfers.

    If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
    However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
    CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.

    My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
    And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.



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  • Guest007
    07-25 08:28 PM
    Bkarnik,
    So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?





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  • bazuka6
    11-21 11:02 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.

    There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years



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  • somegchuh
    03-15 08:51 PM
    I have been waiting for my GC on purpose. I really wanted it to take 6 years.
    I really wanted to get my Labor to rot in PBEC and then I intentionally wanted to get stuck in Namecheck.


    On a serious note, do you have any idea about how this systems works? Do you have any idea what BEC's were or what namecheck is.

    We will talk about "what the hell have you have been doing for so long" in 4 years when you are moaning about how retrogression has affected you for the last 5 years.


    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?





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  • svr_76
    02-19 01:28 PM
    When/(and IF) this bill is passed....DHS/USCIS will be flooded with 12 million (some say 20 million) + all of the EB & FB applicant already in process.

    So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)



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  • ushkand
    07-24 11:57 AM
    Simply_GC:

    yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.

    Doesn't receipting an application automatically mean they accepted the application?





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  • dummgelauft
    08-21 11:40 AM
    I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
    In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
    I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
    It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
    I won't be back.

    Okay, Let us assume it is not your fault, but answer a few things for me
    (1) Did your Fiancee sponsor you for permanent residence in US? (He has to marry you to do so.
    (2) Since 2002, there has been a n K1 visa (fiancee visa), did yo enquire about that?
    (3) Do you have a Canadian Citizenship card?
    (4) If you have a Canadian birth certificate and a License, why the heck can you not cross back in to Canada, via any of the dozens of land border crossings, and go start the whole process, with a passport in hand and a proper sponsorship for your visa.

    In you post you have not mentioned ANYWHERE, as to who filed the immigrant petition for you. You can not just file it yourself, you need a sponsor (which in your case, should be your fiancee/husband).
    If, by mis-fortune, you are no longer with your fiancee/husband, the best bet is to go back to Canada and get on with your life.



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  • masouds
    02-16 12:38 PM
    Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.

    I am sorry if I offended anyone. I don't recall how.
    and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
    peace out





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  • MDix
    03-10 02:33 PM
    From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.


    Since you chose to not to answer my question, I assume you have no idea what you are talking about.

    Please ignore MDix.



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  • vandanaverdia
    09-12 06:58 PM
    "If you would create something,
    you must be something."
    - Johann Wolfgang von Goethe

    Be a part of creating history... Come to DC...
    Help IV help you...





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  • pappu
    02-18 01:14 AM
    Thanks for the conf call.

    http://immigrationvoice.org/forum/showpost.php?p=49150&postcount=6



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  • senthil1
    04-04 03:20 PM
    Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?

    Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.

    Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.





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  • logiclife
    02-17 04:47 PM
    Immigration Voice is a volunteer organization. It has been assured several times here on this thread that it is a part of "transparency" issue on IV goals as mentioned in the Brochure. Transparency includes everything. Including name-check process.

    Its a sub-item and not a main item because it is ONE OF THE SEVERAL administrative issues facing us.

    However, if people feel that this issue is not receiving enough attention, then there are few things to do besides posting here in this thread (posting is welcome):

    1. Call the phone number and speak to a volunteer. You will be connected to someone who is admin/founder of this organization. The phone number is under "Contact Us" menu.

    2. Go to resources menu and find out how to contact your lawmaker. See if you can find an appointment and apprise them of the issue. Although there is no legislative solution to this problem and it remains an enforcement/administrative issue, the basic feature of the government includes the congressional oversight on the executive(DOS, FBI, USCIS etc in this case).

    3. Ask your lawyer to file a lawsuit against the FBI for causing you irreparable damage due to mental agony, loss of pay due to missed promotions, job opportunities etc.

    4. Call your local media or national media and tell them the our dear FBI takes 36 months to check if a permenant residency applicant is a terrorist/criminal/shop-lifter/DUI/DWI etc or not while that applicant is free to work on provisional work-permit called EAD issued by USCIS. Two things: if there is nothing wrong with the guy, he suffers long wait for his greencard. If he is a criminal, he works and enjoys the American dream on his EAD instead of being deported.

    5. Send letters to Department of Justice (top levels) since FBI I think falls under Department of Justice.

    --logiclife.



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  • RNGC
    02-19 01:42 PM
    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.


    So what if illegals are also covered in this! Illegals are kind of people suffering from their employers because they don't have any paperwork! We, are slightly better, we have paper work and still suffer at the hands of our employers, so we know their plight...So, I would say illegals also have to be considered. I DO NOT SUPPORT ILLEGALS. But they are human beings too and are living in the dark.....

    My take on ilegals is:
    1. Build a huge prison and put all of them in there and feed them rest of their life.
    OR
    2. Arrest all of them and deport them their home country
    IF 1 or 2 is not possible, better give them green card as long as they have not committed any crime and legalize them so no one takes advantage of them...we have had one round of slavery in this country and its consequence is still felt, lets not have another round of slavery with illegals.





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  • boppana99
    09-26 11:17 AM
    Just sent an email that the rally was to put forward the delays enforced by USCIS for the green cards and not for the H-1B cap increase. Gave the IV link to check for the rally facts.





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  • desi485
    03-16 12:37 AM
    dudester,
    I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)

    And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.

    Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
    :p

    Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.

    If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???

    Yes i AM selfish..........you got a problem with that?

    You are now "a more frustrated fool". Your desparation shows what you really are.





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    Indirant
    01-21 02:52 PM
    Hi Guys
    I think we should also highlight the investment made by H1B holders in Housing , stock market etc .
    Indirant



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