hiralal
06-04 07:00 AM
An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.
This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
I agree ...giving a FINAL status would help everyone ..even USCIS ..as once they process the case, they don't have to look at it again.
and they can deport those who have broken the laws sooner ..can we have a campaign on this ? let us start with something small atleast ...
I wonder why the USCIS director did not mention this during congress hearings ..I guess no one cares about immigrants :)
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ALSO I wonder why AILA and Murthy don't come up with such ideas when they meet Charles Openhiem ???? obvious answer is that it does not help AILA in anyway ?
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This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
I agree ...giving a FINAL status would help everyone ..even USCIS ..as once they process the case, they don't have to look at it again.
and they can deport those who have broken the laws sooner ..can we have a campaign on this ? let us start with something small atleast ...
I wonder why the USCIS director did not mention this during congress hearings ..I guess no one cares about immigrants :)
---------------------
ALSO I wonder why AILA and Murthy don't come up with such ideas when they meet Charles Openhiem ???? obvious answer is that it does not help AILA in anyway ?
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samay
07-28 04:09 PM
Hello All,
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?
I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.
Hope some one can throw some light on this.I
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
samay
07-14 06:59 AM
Dear Sir/Madam
Thank you for helping us.
Scenario:
If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.
Now in this case:
1) Is there a Law or Need to Join company B since EAD has been issued?
2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?
3) Can one Join new Company X and use AC21?
I really appriciate your community service, thanks in advance!
1. No since the Green card is for a future job.
2.Yes since you have a valid H-1B and you do not need to invoke the AC21.
3. Yes.
Thank you for helping us.
Scenario:
If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.
Now in this case:
1) Is there a Law or Need to Join company B since EAD has been issued?
2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?
3) Can one Join new Company X and use AC21?
I really appriciate your community service, thanks in advance!
1. No since the Green card is for a future job.
2.Yes since you have a valid H-1B and you do not need to invoke the AC21.
3. Yes.
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lazycis
02-14 05:17 PM
Another prove of government misconduct is violation of regulations
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”
I doubt these regulations were followed in thousands of delayed I-485s.
http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3
We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court
http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf
"For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."
more...
humdesi
11-12 05:17 PM
DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
Having said all these, let me ask you something?
How many of you wrote to Dept. Of Labor to stop Labor
substitution when they put a comment period for the proposed
removal of Labor Sub?
Everybody knows that the system is broken. The whole point
is what are we doing to fix it? This is a foriegn land. So we have to
work thrice of 4 times harder to change the system in place. Are we
doing that?
dealsnet
05-13 10:21 AM
Both Tamils and Singalese are our people. They migrated to Lanka about 2-3 thousand years back. Now the fighting is for stamping authority to rule one over the other.
2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.
No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.
I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.
No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.
I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
more...
jamesbond007
03-27 12:40 PM
I wish India allows absentee ballot.
The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.
The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.
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grupak
02-13 02:58 PM
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Well said. We are here only because we want to fix the employment-based GC processes. If I could fix the system on my own I wouldn't be hanging around here. Together we want to fix the system so lets propose solutions that helps everyone in IV.
For a start, everyone mail those letters to the President.
Well said. We are here only because we want to fix the employment-based GC processes. If I could fix the system on my own I wouldn't be hanging around here. Together we want to fix the system so lets propose solutions that helps everyone in IV.
For a start, everyone mail those letters to the President.
more...
hiralal
05-30 11:25 PM
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
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gjoe
02-15 12:07 PM
Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.
.
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
.
A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.
I rest my case here for now
more...
mariusp
03-29 02:19 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
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mabuhay
07-13 02:29 PM
I'm tired and extremely frustrated. Maybe this country does NOT need
an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.
Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.
Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
more...
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needhelp!
09-23 05:28 PM
Fifteen minutes is well worth the time to influence a $2 trillion enterprise.
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roseball
07-10 12:35 PM
Can anyone recommend any good IT consulting companies in Canada?
I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.
Try www.cgi.com.
Its one of the top consulting companies in Canada which hire for full time positions....One of my colleagues moved to Canada last year and got a decent offer from CGI in Toronto.........Keep in mind that salaries in Canada when compared to US are not that great, not to mention high taxes.....But the peace of mind and stress free life is priceless.....
I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.
Try www.cgi.com.
Its one of the top consulting companies in Canada which hire for full time positions....One of my colleagues moved to Canada last year and got a decent offer from CGI in Toronto.........Keep in mind that salaries in Canada when compared to US are not that great, not to mention high taxes.....But the peace of mind and stress free life is priceless.....
more...
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TeddyKoochu
09-15 05:09 PM
The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.
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msp1976
02-13 02:54 PM
Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
That matter can be litigated.....
Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
That matter can be litigated.....
more...
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reddymjm
10-01 10:04 PM
Any one else sent emails lately
girlfriend %IMG_DESC_14%
Legal
07-24 07:33 PM
http://www.immigration-information.com/forums/showthread.php?t=5456&page=8
#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
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#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
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glus
03-19 09:03 PM
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
TeddyKoochu
09-15 11:36 AM
Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.
Friends I believe that we are underestimating the cases that have been abandoned due to the bad economy. Individuals having to back, revocations etc. I estimate that we can chop off at least 25% more just by that on top of the existing deductions / reductions. clearing out of the 2006 batch by Sep 2010 looks really very likely.
Friends I believe that we are underestimating the cases that have been abandoned due to the bad economy. Individuals having to back, revocations etc. I estimate that we can chop off at least 25% more just by that on top of the existing deductions / reductions. clearing out of the 2006 batch by Sep 2010 looks really very likely.
vkrishn
07-21 11:23 AM
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
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