Tuesday, June 28, 2011

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  • psk79
    09-18 07:17 PM
    Finally, EAD card ordered on principal application.... Spouse's was ordered and received 9/12. Finally, mine was PRODUCTION ORDERED this evening.... Any others in the same boat, don't panic... they are doing them in random order....
    No word on FP or AP yet.. However, any address changers, make hte online change and they are very fast... I changed my address and the 2second business day I had two letters in the mail saying that the address has been updated on my and spouse's 765 applications.. couple of days later one more that 485 address was updated and after that nothing....




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  • pachaik
    02-09 03:35 PM
    Hi,
    I have sent my contribution of $21 through paypal.

    Payment Sent (Unique Transaction ID #0FB67301XJ308793P)




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  • simple1
    04-30 11:09 PM
    This is my first post.

    My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.

    Is he technically correct ?

    Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).

    Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.

    Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.




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  • GC08
    07-08 02:54 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin�s big jump. That�s my 2 cents on the matter.

    But that does address the question: if they can finish those cases in such a short period of time, how come they did not process those cases earlier? Contributing everything to communicating and planning is a stretch. They are definitely factors. But not the factors. What about wasting of visa #s in prevous several years! :confused:



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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.




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  • simple1
    05-04 07:38 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.

    To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.



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  • ashishgour
    08-28 11:41 AM
    Reached application to NSC on 7/23. No checks cashed yet.

    Anybody else there with 7/23 received date?


    Me toooo




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  • hiUS
    09-09 10:16 AM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    Hi wait4ever,

    Please post your Infopass experience when you are done with it today.



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  • gkdgopi
    07-04 07:01 PM
    Just to make sure u cant file again when the dates become current again.
    :rolleyes: may be to delay law suit.
    I am not sure why we will they hold?




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  • crazyghoda
    06-26 11:05 AM
    The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.


    When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)

    I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.



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  • viswanadh73
    11-18 02:19 PM
    I am wondering none of these senators who responded as of now understand our request for adding the provision of recapturing unused visas. Please read below response from IOWA senator and not even one word about our request.

    I appreciate you taking the time to share with me your views regarding S. 729, the Development, Relief, and Education for Alien Minors Act. The views of my fellow Iowans are an essential component of my decision making process as a Member of Congress.

    As you may know, Senator Richard Durbin introduced S. 729 on March 26, 2009. This legislation would allow unlawful immigrants who entered the U.S. as minors to gain eligibility for higher education benefits based on state residence, unless a U.S. citizen is eligible for the same benefits. S. 729 has been referred to the Senate Committee on Judiciary. You will be interested to know that Congressman Howard Berman introduced H.R. 1751, the American Dream Act, on March 26, 2009, which would create a similar law. H.R. 1751 has been referred to the House Committee on Judiciary and the House Committee on Education and Labor. Please be assured that I will keep your views in mind should the full House consider this issue during the 111th Congress.

    Our nation faces many challenges, and economic recovery is vital if we are to meet them. As a senior member of the House Committee on Transportation and Infrastructure, I will continue building upon the job creation opportunities that I have delivered to the 3rd District in order to expand commerce, spur business development, and provide economic opportunity to all. I periodically provide electronic updates on issues I think my constituents might be interested in. If you would like to receive the E-newsletter, please sign up at my Web Site at Congressman Leonard Boswell : Home (http://boswell.house.gov). As always, please feel free to contact me or my office if ever you think we may be of assistance.

    Sincerely,

    Leonard L. Boswell
    Member of Congress




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  • Libra
    07-07 08:54 AM
    Delhiguy you are right and dont participate in any protest some of the members are making, have fun with your family, if you have any, and chill out. dont worry what others are doing

    USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.



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  • Suva
    08-13 11:40 AM
    If it's a july filler then there is a chance of getting rejected because it reached there on June 30.

    Hi all,

    Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.

    EB3,priority date

    vaishu




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  • apahilaj
    08-06 02:40 PM
    when you are able to view the back side of the checks, could you please let us know if they have SRC or LIN for the receipt numbers? That would help lots of users here answer their question about what service center is processing transfer cases...



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  • aquarianf
    04-23 03:39 PM
    This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.

    There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.


    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?


    If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.




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  • skillet
    11-21 03:21 PM
    I am dumbstruck. I do not have words to express anything. May god give you enough strength to face this. Explore all the remedies. Believe in yourself. You will be fine
    Regarding GC, I think its better to consult immigration attorneys
    Good luck



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  • gc_peshwa
    11-17 04:45 PM
    Pappu
    Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
    IF IV has to throw its might behind this bill we need to:
    -Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
    -Use phone calls (Can we have a mass phone campaign)
    -Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
    -Email (what this thread is about right now)




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  • deepakjain
    05-12 06:46 PM
    How do we contribute and participate in any campaign of IV....how to even become a donor???




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  • hiUS
    09-12 02:57 PM
    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08

    Hi GCEB2,

    What else do we need to carry apart from Info pass appointment letter, I-485 approval letter and Passports? I will plan to take an Infopass appointment and get my and my wife's passport stamped.




    mhtanim
    04-29 01:35 AM
    No. Tried to call NSC a few times and got diffferent stories on why my fp notice is being dealyed. I gave up trying after my last call 2 weeks ago wherein an IO told me to wait until middle of May.

    Mine is like your's - NSC - CSC - NSC. My I-485 receipt number starts with WAC. No FP notice yet. Who knows what they are doing.




    marty
    05-30 11:57 AM
    Thanks Marty once again.
    I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
    I am returning back on monday and as of now don't know if i will go to canada or stay in US.

    Thanks :)

    Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.



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