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  • veeru123
    02-22 03:42 PM
    Called the DOS. Told them I need to travel to my home country and asked them if they can verify if my information is in PIMS. She asked if the H1-B is an extension case which it is. She said the extension cases are taking a bit longer than the new ones. That is quite surprising. Finally she looked in the database or whatever and said they do not have my extension information yet. All they have is the information from the expired petition. No timelines just asked me to call back in a week.:rolleyes:

    I need to know if anyone had any luck if their lawyers pursued this matter with the DOS.





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  • radosav
    06-23 06:00 PM
    Hi,

    My company's attorney filed for my PERM and I-140. After I-140 approval the attorney kept the original I-140 and sent me the courtesy copy of the approval. I am now going to file for my I-485 on my own.

    My question is -

    Can I make a photocopy of the courtesy copy of this I-140 approval and use it to file my I-485?

    P.S: Courtesy copy is NOT the photocopy of the original I-140. It is a copy that USCIS sends in addition to the orinial approval.

    I am in the same situation, and I plan to include photocopy of my courtesy copy of my I-140 with other docs, as I am filing AOS by myself. If anyone else had the same issue, please share your exp.





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  • ramhs
    06-28 09:56 PM
    My attorney is planning to send out the paperwork on June 29 to reach by monday july 2nd , is there any problem to this, is there any risk involved in sending on 29th, is anybody else doing this ? Please respond, this is urgent.





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  • Sandeep
    01-07 12:23 PM
    Here is a summary of the bills, their bill numbers and the Sections:

    Sen. Chuck Hagel's Bill (Section 202 of S. 1918)
    -High-tech workers who have worked in the U.S. for 3 years would be allowed to adjust to permanent resident status without regard to the annual employment-based immigrant visa cap of 140,000.
    -The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.

    McCain/Kennedy Bill (Sections 601 and 602 of S. 1033)
    -Increases quota on EB immigrants to 290,000 to alleviate retrogression
    -Recapture unused visas between 2001 and 2005
    -Increase the per country limit from 7% to 10%

    Cornyn/Kyle Bill (Sections 1001 and 1002 of S. 1438)
    -Recapture of the unused visas between 2001 through 2005
    -Removal of diversity visa and reallocation of these. Since this is mentioned under EB, the implication seems to be reallocation to EB but am not sure.
    -Increase of the country limit from 7% to 10%

    It is understood that there would be a merging of these to make the final comprehensive immigration bill



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  • HV000
    09-13 03:17 PM
    Please dont use google it is a waste of time - FBI uses its own databases and looks for 'hits' in terms of derogatory information.

    Instead lobby for the following:-

    1) USCIS should have the authority to ask FBI as to why the namecheck is taking so long and provision to expediate name check if it is has been pending for more than 'x' number of years (probably 2 or 3 i guess).

    2) FBI should provide a reason for the delay. Most of the time (80%) the delay is simply because they dont have the time to open your file.

    3) Procedure to Pay $500-$1000 to expediate NC (1 week) with a yes or No result. this will all allow FBI to obtain resources to process NCs faster

    NC is the next bottle neck that we have to lobby for.

    Asking USCIS to expedite the NAME CHECK only after 2 years is UNACCEPTABLE!! NameChecks should have resolution within 3 months. Its a security issue.

    It is the USCIS which initiates the NAMECHECK process and it also has expanded the scope of NAMECHECK increasing the backlog. So, we need to go after USCIS and should NOT PAY more in this INEFFICIENT process!





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  • FinalGC
    01-10 11:12 AM
    Please unite to help the Green card Immigration issues be resolved. I am planning to send 3 letters from my house...One for me, my wife and my son.....writing directly to the President.

    Lets flood the white house with letters, so that they will know how many GC applications are stuck at the USCIS and do something about it.



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  • ss777
    06-17 07:12 AM
    Option# 1 is better as there is trace of application being submitted and a receipt number to follow up with. With option# 2, you will never know how USCIS is treating your request.





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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    http://www.myvisajobs.com/H1BVisa/sEmployer.aspx?E=Capital+One&OG=All&SO=All&Y=All&SON=All






    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf



    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf



    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf



    FAQ:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.



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  • gc_chahiye
    07-09 07:19 PM
    USCIS has decided that the flowers sent by skilled, legal immigrants to director Dr. Emilio Gonzalez will be forwarded to injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    We welcome the fact that Dr. Gonzalez acknowledged the symbolic gesture of our protest. We are even more happy that these flowers will brighten the day of our injured service brethren. It is their contribution to the American freedom that has made this country such a desirable destination for highly skilled professionals from all over the world.

    We also want to convey to the service personnel receiving those flowers that our message accompanying those flowers is, "Thank You and God Bless You".

    ---------------------------------



    hey wait, you need to talk about retrogression of EB!! Thats the whole point of this thing!!!!!!!!!!!!!!

    In addition to the message of "god bless" to the service personnel, we have a message of get-well-soon for Mr Gonzalez. We want him to stop wasting visa numbers, and to provide more transparency and communication in how VB dates are set. We want them to provide a clean honest answer of what USCIS did in June to exhaust the visa numbers and the motiviation behind doing that.





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  • DannyBoy
    02-22 06:20 PM
    Can someone help? Appreciate!!



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  • PBECVictim
    02-08 03:32 AM
    On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.

    How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.





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  • kanakabyraju
    08-20 11:12 AM
    Here is the link

    Vonage - Residential Calling Plans - Premium Unlimited Plan (http://www.vonage.com/residential_calling_plans/vonage_world/?refer_id=WEBHB090201001W1)



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  • new_phd
    06-15 11:28 AM
    Can someone please explain:

    If husband-wife are both on individual h1bs, and they want to file, say, based on the husband's labor/I-140 application, then should they be submitting an employment letter for the husband and copy of his employment letter for the wife? Or, do they need to submit the wife's own employment letter along with his applicaiton since she is also individually employed on an H1b?

    Thanks!

    Edited:


    * Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.



    .. I think Pranju answered this question.... seems like we have to submit the employment letter of the person whose petition is being used to apply for the 485. Thanks!





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  • drona
    07-11 01:43 PM
    Hi all, can we not include the original quote a hundred times. It make the thread hard to read. Many thanks.



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  • pappu
    01-07 09:07 PM
    Please find your local congressman at http://www.house.gov


    The Honorable Senator/Representative XXX
    << address>>

    Re: Administrative fixes to alleviate issues faced by highly-skilled immigrants in <<state>>

    Respected Senator/Representative <<lastname>>,

    I am a constituent and an employment-based highly-skilled immigrant. << fill in your bio in 2-3 sentences max>>. I'm also a member of Immigration Voice, a non-profit grassroots organization working to fix the issues faced by highly-skilled immigrants like myself. Currently a million employment immigrants and their families are stuck in a backlog due to insufficient numbers and USCIS processing delays. It may be 6-12 years before these immigrants will be able to receive their green cards, if the immigration system isn't reformed.

    Though Immigration Voice is interested in seeing legislative fixes passed by US Congress, it may take a long time for an agreed immigration reform to pass. Considering this fact, Immigration Voice has proposed the following points to President Bush's administration to fix some of the issues administratively. I urge you to support our cause by writing a letter to President Bush, as follows, to implement these administrative fixes without further delay.

    "

    Respected President Bush,

    I urge you to implement the following administrative fixes immediately to help the highly-skilled immigrants waiting their turn in a severely backlogged system.

    1) Recapture 218,000 unused visas wasted over the past few years administratively, in line with Congressional intent of providing 140,000 visas annually to our community.

    2) Flexibility in the USCIS interpretation of "same and similar" jobs, to allow promotions and job mobility. Current USCIS rule is restrictive and pushes the applicant to the end of the line, if they accept promotions.

    3) Allow filing of 'Adjustment of Status Applications', even when visa numbers are not available. This will not create an increase in visas, but will allow a number of immigrants to avail the benefits of changing jobs while waiting for their visa numbers.

    4) Increase the period of Employment Authorization Document (work authorization) and Advance Parole (travel permit) to 3 years instead of the current practice of 1 year. This will reduce the burden on USCIS and on immigrants. It will also make travel to an immigrant's home country easier during emergencies.

    5) Allow visa revalidation in the US as before. Currently, immigrants have to travel to their home country to renew their visas. If it was performed here in the US, it would be helpful in making it easier to travel back and forth during emergencies.

    6) Restart premium processing for I-140 applications. Now that USCIS has cleared the receipting backlog, premium processing should be made available. Without it, many immigrants are unable to extend their stay beyond 6 years, if their labor certification was applied for after the completion of their 5th year of stay in the US.

    "

    Respectfully,


    <<Full Name>>
    <<Address>>
    <<Phone>>
    <<E-mail>>
    Web-site : http://www.immigrationvoice.org (http://www.immigrationvoice.org/)





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  • sc3
    08-20 10:39 PM
    One question to all the smart people on this forum:
    In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
    a) EB1 Non Row
    b) Eb2 Non Row
    c) Eb3 Non Row
    d) None of the above

    Now second part of the question is :
    If that category already has enough people in line, will the spillover to the next category will take place:
    a) Yes
    b) No

    Not saying I am smart, far from it (otherwise, I probably would have been eligible for citizenship by now) but USCIS seemed to have given it to the oldest in the line regardless of the category.



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  • ashres11
    09-20 01:00 PM
    What case related info you would add in an email?
    SSN, dob, 140 info, approval date, Alien number?
    Pls. share this detail
    Thanks

    tracking no. and date and time.





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  • perm2gc
    06-29 07:56 PM
    Folks, first of all don't try to slam me for posting this.. Here is a note that I got from my law firm Paul Hastings.. I am subscribed to their immigration related email.. I got this today.. While this has come as a shock to me, they are still preparing to file my I485.. I did not hear this from my lawyer personally, but only through this newsletter. I will speak to them about this first thing monday morning. Please read the note entirely.. Has anybody else heard about this..


    Update on Adjustment Filings for July

    Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.

    This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.
    i was just called by my attorney and he said same thing





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  • snathan
    06-17 12:17 PM
    No I don't. You basically don't want to keep the door open wide. Once you are IN you want the door to be closed. You don't worry about loosing US jobs to India/China, but you don't want Indians/Chinese to enter USA and enjoy the "quality of life" you enjoy here.

    Nobody enters USA to live a "low profile" life.

    You are getting dangerously accustomed to the "taking things for granted" style. You are loosing your competitive skills.

    I personally know that more energetic people coming in is kind of dangerous even for my job safety-net (basically I cannot take things for granted). But I still have not learned to think beyond humanity, and I believe sharing is good. The new guys also deserve the chance for American dream.

    And I don't forget that I was also once in H1B, and came with a lot of dreams and skills.


    It has nothing to do with the door closing... There is something called law. If you are so eager to share, are you ready to share your apt with a homeless person...:D.





    Honda
    06-29 04:23 PM
    July Visa Bulletin to be revised?


    Please be advised that AILA, the American Immigration Lawyers Association, has just released the following announcement.



    "We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.



    This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.�



    If this is accurate, Adjustment of Status cases (I-485 cases) filed in July will all be rejected and returned to us and no AOS (I-485 cases) could be filed in July. It would also effectively cancel all Immigrant Visa appointments at US Consulates. We will provide further updates as they become available.




    Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications:

    Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly.





    sc3
    08-20 10:39 PM
    One question to all the smart people on this forum:
    In the old system, if EB1, Eb2 and EB3 ROW are current then "all" unused visa from all the EB category be given to which category first:
    a) EB1 Non Row
    b) Eb2 Non Row
    c) Eb3 Non Row
    d) None of the above

    Now second part of the question is :
    If that category already has enough people in line, will the spillover to the next category will take place:
    a) Yes
    b) No

    Not saying I am smart, far from it (otherwise, I probably would have been eligible for citizenship by now) but USCIS seemed to have given it to the oldest in the line regardless of the category.



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