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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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  • franklin
    06-08 02:48 AM
    FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
    How about the following new methods:
    1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
    2. A letter to the news channels.
    3. Web fax to the senators/congressman

    Please share your ideas.

    I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.





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  • kumar1
    12-15 11:01 AM
    gcisadawg,
    Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.

    Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    I can go on and on.....

    I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !





    kumar1,

    I agree to most of the points you wrote. I believe there is one thing that you missed.

    H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.

    Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
    They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.

    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg





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  • greencard_fever
    09-05 02:43 PM
    [QUOTE=imv116]

    Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.

    chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.



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  • pointlesswait
    02-21 11:39 AM
    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?





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  • arnab221
    09-10 02:19 PM
    Yes this one is working for me...but iam also not sure its the right one or not.

    This guy is speaking on some rivers , in vermont



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  • desi3933
    01-30 09:07 PM
    .....
    ....
    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    .....
    .....


    Before I answer your questions, I have couple of them -

    Will she get paid starting Feb 1st? If no, why not. Please explain.
    Will she on unpaid leave?
    Will she still be Full Time Employee?





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  • mbawa2574
    02-18 06:19 PM
    Sorry guys, I misread somewhere.:D

    What about illegal immigrants with < 5years. I think these senators will leave the overall problem unsolved.

    Whenever you talk with any politician , illegal immigration pops in. They just love it...

    I am not sure any of these people understand immigration laws.

    Hmm Is this different from India or any other country ? ...no

    Politician preach what majority vote bank likes...I have no hopes from this anti-business, anti-innovation congress and an inexperienced President. When they started their gig with voting against Skilled Immigrants, I am not sure what else is coming.

    On the other hand- Watch out Obama's economic recovery plans, they punish every person who is successful by virtue of his hardwork and will add debt on US books.. I am sure Obama would be driving out innovation from this country by joining hands with Anti-Captalist and Anti-business lobby.



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  • Macaca
    09-19 08:16 AM
    Lawmakers will decide to bring up the issue and vote on the bill. Attend all Lawmaker meetings.

    In this meeting, the staffer will give you his/her business card. Follow up with the staffer after the meeting, specially when the bill is coming up for vote.





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  • ashshef
    11-11 02:31 PM
    Kindly Summarize and then Start Any Campaign.
    Step 1) Talk to CORE and Take Suggestion
    Step 2) Do we want to include members from other Forums?
    Step 3) Decide on Fax/Email/Snail mail campaign and Distribute Fax#, Email address and SnailMail Address.
    Step 4) Action.. :)

    Thanks for the effort behind this GCperm and Vin13.
    I agree with Step 1. Step 3 has proven to be useless based on what we have seen before. I am hoping Pappu can advise us as to get this letter in the right hands. I understand IV doesn't want to spend too much time on this, and it is fair on their part as they already have limited resources. But if they can help us out with advice, as Pappu did already with the critique of the letter, it will help.



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  • sat0207
    04-27 09:23 AM
    Immigration Security Checks

    �How and Why the Process Works

    Background All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion. Since 2002, USCIS has increased the number and scope of relevant background checks, processing millions of security checks without incident. However, in some cases, USCIS customers and immigrant advocates have expressed frustration over delays in processing applications, noting that individual customers have waited a year or longer for the completion of their adjudication pending the outcome of security checks. While the percentage of applicants who find their cases delayed by pending background checks is relatively small, USCIS recognizes that for those affected individuals, the additional delay and uncertainty can cause great anxiety. Although USCIS cannot guarantee the prompt resolution of every case, we can assure the public that applicants are not singled out based on race, ethnicity, religion, or national origin. USCIS strives to balance the need for timely, fair and accurate service with the need to ensure a high level of integrity in the decision-making process. This fact sheet outlines the framework of the immigration security check process, explaining its necessity, as well as factors contributing to delays in resolving pending cases. Why USCIS Conducts Security Checks USCIS conducts security checks for all cases involving a petition or application for an immigration service or benefit. This is done both to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks have yielded information about applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism. These investigations require time, resources, and patience and USCIS recognizes that the process is slower for some customers than they would like. Because of that, USCIS is working closely with the FBI and other agencies to speed the background check process. However, USCIS will never grant an immigration service or benefit before the required security checks are completed regardless of how long those checks take.

    To ensure that immigration benefits are given only to eligible applicants, USCIS adopted background security check procedures that address a wide range of possible risk factors. Different kinds of applications undergo different levels of scrutiny. USCIS normally uses the following three background check mechanisms but maintains the authority to conduct other background investigations as necessary:

    � The Interagency Border Inspection System (IBIS)

    Name Check� IBIS is a multiagency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns. USCIS can quickly check information from these multiple government agencies to determine if the information in the system affects the adjudication of the case. Results of an IBIS check are usually available immediately. In some cases, information found during an IBIS check will require further investigation. The IBIS check is not deemed completed until all eligibility issues arising from the initial system response are resolved.

    � FBI Fingerprint Check�FBI fingerprint checks are conducted for many applications. The FBI fingerprint check provides information relating to criminal background within the United States. Generally, the FBI forwards responses to USCIS within 24-48 hours. If there is a record match, the FBI forwards an electronic copy of the criminal history (RAP sheet) to USCIS. At that point, a USCIS adjudicator reviews the information to determine what effect it may have on eligibility for the benefit. Although the vast majority of inquiries yield no record or match, about 10 percent do uncover criminal history (including immigration violations). In cases involving arrests or charges without disposition, USCIS requires the applicant to provide court certified evidence of the disposition. Customers with prior arrests should provide complete information and certified disposition records at the time of filing to avoid adjudication delays or denial resulting from misrepresentation about criminal history. Even expunged or vacated convictions must be reported for immigration purposes.

    � FBI Name Checks�FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks. In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly. Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved. For most applicants, the process outlined above allows USCIS to quickly determine if there are criminal or security related issues in the applicant�s background that affect eligibility for immigration benefits. Most cases proceed forward without incident. However, due to both the sheer volume of security checks USCIS conducts, and the need to ensure that each applicant is thoroughly screened, some delays on individual applications are inevitable. Background checks may still be considered pending when either the FBI or relevant agency has not provided the final response to the background check or when the FBI or agency has provided a response, but the response requires further investigation or review by the agency or USCIS. Resolving pending cases is time-consuming and labor-intensive; some cases legitimately take months or evenseveral years to resolve. Every USCIS District Office performs regular reviews of the pending caseload to determine when cases have cleared and are ready to be decided. USCIS does not share information about the records match or the nature or status of any investigation with applicants or their representatives.





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  • dvb123
    02-19 12:12 AM
    This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.

    1. There is a bill in the house now

    HR 264 Introduced to Congress
    Section A - It will grant GC to people with > 5 years in US
    Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

    2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.

    3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.

    4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.

    5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)

    So, we should support HR 264 bill with a few amendments if possible.



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  • tooclose
    07-13 10:24 AM
    It is not a contradiction to the previous statement.

    Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
    Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
    Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
    etc...

    Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

    yikes !!! so looks like I have to wait then... anyways I was happy for a few moments till I saw this message :)





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  • eb3retro
    08-19 03:35 AM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?



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  • WAIT_FOR_EVER_GC
    07-13 12:05 PM
    Read this thread and understand what Q, GC Perm and Teddy are saying.
    We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
    The can even extend to sep 2006 to capture all visas and move it back to June 2006.

    Go and read that rather then guessing



    Buddy...what do you mean source please...scroll up and look for an attachment. Use it.





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  • rpatel
    07-31 12:43 PM
    The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)

    Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.

    Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...



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  • grinch
    03-08 04:15 PM
    ya3, the deadline is thursday ;)

    May 10th.

    March 10th ;)





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  • delax
    07-13 09:49 AM
    go figure..u jacko.. this forum is not give publicty to lawyers.
    pls close this thread


    Appreciate your comment - :) A healthy debate is beyond your reach and the ability to appreciate another view point seems to be completely missing. The last time I checked a forum is precisely for that - I am not defending or promoting anybody - Please - lets stick to Gandhian principles when we deal with each other not just with USCIS :)





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  • sathyaraj
    03-12 04:24 PM
    Guys -

    I got the Ac21 employment letter from my new employer and they have filed my H1B transfer and I have the following questions:

    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?

    b. H1b Transfer receipt: My receipt reached yesterday morning at 10:30 am. Please let me know how long does it take to get the receipt back. This is important for me to take my new job.

    Thanks
    Sathyaraj





    pappu
    07-01 09:32 PM
    At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.

    IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.





    singhsa3
    03-05 03:41 PM
    Personally, I think you are not thinking clearly. If I really wanted a mortgage do you think I would have been writting on immigrationvoice.org
    My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.

    I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.

    I have sympathy for your position, I feel blessed that my situation and timing were more favorable.

    The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.

    I agree there is risk in property values and the ability to liquidate.

    I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.

    But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.


    I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?

    Are you waiting for green card approval or are you buying before?


    Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.

    The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".

    Then factor the security of your position.

    At the end of the day as I see it we have to choices, we either rent accomodation or we buy.

    It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.



    So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?



    Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.


    my best wishes and good luck to all




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