Sunday, June 12, 2011

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  • desighee
    10-28 12:21 AM
    Happy diwali to everybody.
    IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
    "Karmanye Vadhikaraste Ma Phaleshu Kadachana,
    Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"

    the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
    Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
    Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.

    Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.




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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.




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  • sobers
    07-26 11:38 AM
    Team IV:

    A number of immigration provisions are being attached to the must pass Iraq Spending Bill. Is it possible to explore attaching the SKIL Bill or atleast one or two temporary relief measures (like I-485 filing)?

    If it requires additional funds, I think members will contribute in no time. What do you say guys? Senators are helping out illegal and low skilled workers, isn't it time to give some relief to LEGAL, HIGH SKILLED workers?


    ===========



    http://www.denverpost.com/nationworld/ci_2663758

    Washington - Senate Democrats and Republicans reached a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate on an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the U.S. on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Sen. Barbara Mikulski, D-Md., that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another, by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farmworker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders,' Chambliss said.

    The White House, Majority Leader Bill Frist, R-Tenn., and other Republicans had pleaded with senators to keep immigration off the spending bill and address the issue later. Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B temporary-visa program, saying "the cat was already out of the bag on immigration.' Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    The House's Iraq spending bill includes the immigration measures that its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. Sensenbrenner withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to reach Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor-vehicle commissioners, some GOP senators and religious groups that say people fleeing persecution would be harmed.




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  • vactorboy29
    02-21 11:06 AM
    My son's PIO card and my renewed passport were arrived in less than two weeks time.
    Applications were put in at Chicago consulate on 24 Jan in person. We had received my renewed passport and PIO card in mail on 06 Feb.

    I would give five star feed back to Chicago consulate people.



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  • CrazyWorld
    08-04 05:58 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;




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  • CantLeaveAmerica
    12-08 05:37 PM
    not a redundant mail..just their process.
    I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
    I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)



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  • chanukya
    10-18 12:39 PM
    Dutta,

    Thank you very much for the link.
    This helps many of us to decide on even approaching a Lawyer.

    Excellent link.

    My LC filed as Programmer Analyst and I am working as a Sys Admin, the detailed work activities listed for programmer analyst and Sys Admin seems to match or similar.

    I think Lawyer can take on from there and I guess we need make sure we consult a lawyer and get his inputs to make sure some minimum activities of the new job role whatever may be it is called .("Rose" or "Lilly" as long it is not a "Mangoe" or "orange" or vice-versa), match or similar when we get the employer app letter and refernce letters.

    Thank you once again for the link.



    See this link:

    http://www.onetcodeconnector.org/ccreport/11-3021.00

    It says that "Computer Programmers" is a related occupation. Can I not accept this designation.

    Also, what if the job title varies as "Application Architect" but the job duties are similar?




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  • vin13
    02-09 07:34 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

    President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

    There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

    These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)

    If you click the link attached, the article is dated February 11, 2010 and was posted yesterday (February 08, 2010):confused:

    Old news........ Dated for future....:D



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  • Jerrome
    05-21 04:11 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem?




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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D



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  • wrsquared
    October 27th, 2003, 06:37 PM
    ...It's also worth noting that there is no trace of the "rule of thirds" in that image.

    Much of the above applies to this one, which I put online this evening:

    http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0

    Don

    I'd entitle this one "Fuzzy Colors" or "5-O'clock Shadows on Upholstery"

    I've GOT to get a macro lens. It obviously opens a completely new world of stuff to see. My wife's gonna toss me out on my ear. I may have to come crash at your place for a while....a doghouse would be fine...that's where I spend a lot of time anyway.

    -Will-




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  • pcbadgujar
    01-22 03:18 PM
    No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.



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  • MissionImpossibleGC
    08-23 03:33 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.




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  • desighee
    10-28 05:15 PM
    What game and who are these people?

    i think shraddha is a girl and saburi looks like a car similar to subaru



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  • atlfp
    04-08 01:26 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.


    like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.

    The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.




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  • ita
    05-16 03:50 PM
    Hi all, I need your advice and opinions about my situation.

    H1b – Started on Oct 07

    PERM is approved and my PD is April 6, 2006 (PERM)
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.


    I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?

    It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won’t need it.

    Is there any benefit to have EAD in my situation?

    If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?

    For example, if I do not renew this year, can I apply again next year?





    Thank you



    Read Somewhere on IV before that renewal is better than letting them expire ..



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  • mymyanmar@gmail.com
    08-11 11:39 PM
    I got the document at my new address mentioned in my quoted post below. It turns out to be FP notice. But the weird thing is they said they will contact me when appointment is available and it'll take 4 months.

    Does anyone know why is that?

    Thanks,
    ROW Guy

    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy




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  • ThinkTwice
    07-11 05:35 PM
    Where are they?

    People who want to volunteer:

    Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
    we need seven members.




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  • kubmilegaGC
    09-14 11:02 PM
    did anyone got approved after they voted "pending"? any way of knowing how many current pending cases in each month bucket?




    Dhundhun
    07-10 06:30 PM
    On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.


    Basically the H-1B with company Y required Change of Status (COS). I am not familiar with this type of situation - whether you can get change of status done in USA or not. If not I think this is a case, which requires Visa to be stamped in home country.

    Could somebody throw more infromation on this? Thanks




    tampacoolie
    08-05 09:08 AM
    Thank you guyz for your responses.

    I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.

    This is the process which i have gone through:

    1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.

    2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.

    when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...

    My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.

    thanks in advance.....

    I also gone through the same process with one exception that, my lawyer sent 3 G28 ( I485, I765 and I 131) and asked me to sign it and return the original. If your lawyer sign your forms as representative, then he/she has to attach G28 for each forms.
    Infact I had to sign 5 G28 ( 3 for me and 2 for my minor child). My wife has signed 3 G28.



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