Thursday, June 23, 2011

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  • ggyro
    07-20 05:59 PM
    I believe best mode's analysis is correct based on the following from the daily dairy
    "By 55 yeas to 40 nays .. Senate rejected the motion to waive ...with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief for .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell. "

    My interpretation: the vote was not on Cornyn's amendment; ...; it was out of order because it did not qualify as an amendment to this bill.

    Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.





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  • pappu
    03-10 03:24 PM
    Too late.

    EB3I dropped out of school already!

    Or watching cricket matches during exam time. :)

    EB3 folks need to be the most worried people if they do not have Greencards. Unless there is any sense of desperation and expressed need, do not expect any lawmaker to vote for any greencard bill .





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  • desi3933
    06-24 10:32 AM
    My wife has a H1 since oct 2006 till date she hasn't worked and hence has no pay stubs. her passport has a F2 visa. I want to convert her visa to H4. Her employer is asking for 6k to generate 3 paystubs for 3 months. I dont want to pay so much. if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.

    Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.

    is there any site or posting that explains the process of applying for H4 in canada.

    Thanks for any help

    Ask your lawyer.

    Home Country is better option. Why? Ask your lawyer.

    For H4 visa at consulate, previous out of status does not matter. Why? Ask your lawyer.

    When your F1 Status expired, her F2 Status too expired. What to do? Ask your lawyer.

    Using fake pay stubs can land you in deep sh***. Why? Ask your lawyer.

    She has been out of status > 180 days. Filing I-485 has big risk. Why? Ask your lawyer.

    Have you contributed to IV?

    Not a legal advice.





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  • Macaca
    08-13 10:33 PM
    Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    According to Ombudsman's report,

    Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)

    I am approximating 1M to be EB based, 1.5M to be family based and 92,535 to be asylum + refugee (which is a lot).



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  • BharatPremi
    07-06 11:26 AM
    Guys,

    Here are my thoughts:
    ---------------------

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:
    -----------------------------------------

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?





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  • desi3933
    04-16 04:59 PM
    Hi,
    .......
    My questions is, is that enough to port my PD .....??


    Yes.


    _________________
    Not a legal advice.



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  • saketkapur
    01-14 12:57 PM
    As per Ron Gotcher more bills are going to be introduced and then they will try to consolidate them into one. He has his response at the following link:

    http://immigration-information.com/forums/showthread.php?t=7013


    Re: Hr 264

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

    This is one of three expected bills introduced in the House. The sponsor of this bill (there were no co-sponsors) is Sheila Jackson-Lee. She is a fringe player. Next Tuesday, Luis Gutierrez, the chairman of the Congressional Hispanic Caucus, plans to introduce his version of CIR. It will most likely concentrate on amnesty.

    At some point in the future, we can expect a bill from Zoe Lofgren. The Lofgren bill will be the one that will have bi-partisan supporters and will be taken seriously. That will be the "real" CIR proposal in the House.



    If I had to bet on it, my bet would be that if anything at all passes, it will be visa recapture, quota expansion, and H1b relief. There is a strong core of support for those measures. The weakest component of CIR is amnesty.





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  • sunnyg
    07-16 10:47 AM
    I hope that this is not an automated one.. :)

    Thank you for expressing your concerns regarding the Department of State�s visa policies.

    You raise compelling points, and your argument is an illustration of why we should work to ensure our visa polices are sound, reasonable, and equitable. Until we enact comprehensive immigration reform, we are likely to be faced with similarly difficult situations. Should legislation relating to this issue come before the Senate, I will certainly keep your views in mind.

    Thank you again for contacting me.


    Sincerely,
    Sherrod Brown



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  • gcformeornot
    07-31 11:27 AM
    ___________





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  • singhsa3
    08-13 06:59 PM
    Please feel free to comment or correct any facts.
    Fact Sheet: Who's Looking Out for You?

    Green Card Visa Numbers Situation
    � The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
    � Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
    � Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
    � It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
    � Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    � USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.

    What do these jargons mean?
    � Priority dates will remain retrogressed for several years.
    � Those who could not file their I-485 now will now have to waitttttt�..
    � Due to resource constraints, security checks may take years.
    � Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    � Endless cycle of EAD renewals and Advance paroles.
    � For any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    � You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    � EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    � Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    � So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.



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  • mbhang
    04-08 02:32 PM
    If there is unity, and all of us walk out with all our money, this would definitely get the attention of the lawmakers.

    I suggested the same action last year. Right now, waiting for 485 (EB 2 LC took close to 6 years) - but I feel if 20-30K of us left (and take our money with us too, don't leave it here to work for this country) because we are being screwed by the stupid immigration laws, that will have a bigger impact in changing the laws than any lobbying effort possibly would.





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  • gk_2000
    07-01 12:55 PM
    Should we run another targeted phone campaign to the Republican Senators (the 11 that supported previous CIR)? IV team, let us know

    Reform Immigration For America has already launched their fax campaign. This would be the ideal time for a mass scale campaign...



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  • Macaca
    08-14 11:42 AM
    Please post reliable #s for the following template.

    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.





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  • chanduv23
    10-02 04:07 PM
    Come on folks - lets keep the momentum going. Just do it, all you have to do is show up and greet your friends



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  • ebizash
    10-15 02:04 PM
    This is not 100% relevant to this thread but since we are discussing APs here, I thought I will ask the question.

    Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.

    Does anyone know for sure or have personal experience visitng the USVI?





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  • Wendyzhu77
    09-22 04:58 PM
    There is a story: when seeing a bottle filled half with water, optimistic people would say it's "half full", pessimistic people would say it's "half empty". I think this problem is also just people's perspective. Retrogression is still there, it will not be any better or worse with/without the July event. Some people see that retrogression is still there so they are pessimistic, some people see that at least you get something from this even, so they are optimistic.
    I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!



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  • hunkuncontrolled
    04-02 01:32 PM
    Best answer I have seen in a long time.:D

    Probably you were busy with your GC and someone else was doing what your balls should do..





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  • singhsa3
    08-13 10:25 PM
    Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf

    Employment Based (EB) Green Card (GC) Numbers Situation

    The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
    Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
    The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
    According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
    USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.


    What do these numbers mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, priority dates (PD) will remain retrogressed for several years.
    Those who could not file their I-485 now will now have to waitttttt…..
    Due to resource constraints, security checks may take years.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    Endless cycle of EAD renewals and Advance paroles.
    If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.

    Legislative Efforts

    EB Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.





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  • jasmin45
    08-25 12:24 PM
    I have been thru this situation and luckly got the H1 extention on time to get it renewed the day it was suppose to expire.. I am sure this is going to be a problem for a lot of people in comming days due to mountain of applications to be processed by uscis.





    coopheal
    07-19 12:14 PM
    Has any one got the recipt yet??





    learning01
    04-26 06:25 AM
    TMC Net: (http://www.tmcnet.com/usubmit/2006/04/26/1610336.htm)



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