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  • nixstor
    07-06 10:10 AM
    Can you please change the headling in Digg to:

    Homeland security compromised in mad rush to process Green Cards

    Shyt! This is what I call shooting in one's own foot. C mon, Fcuk it up so bad that we will dig a big hole that we won't ever come out again. Please read my other post and think for a minute before you do this again and again

    Diptam & Saim,

    Please change these security lapses thing. You might be hurting yourselves in the long run. If You are thinking that this is not a big issue in DOS/USCIS, You are mistaken. This is a hot button issue in both agencies. Focus on quality of life issues and other losses incurred. Do not play with security. Its going to come back and hurt us. Please Go ahead and change these security lapse crap.




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  • garybanz
    12-26 05:28 PM
    Hi

    I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.

    Filed AP on Aug 13th, havent got it yet.




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  • csriram45
    09-09 05:59 PM
    Came to US in Aug 1997. My first company start up closed in 2002 recession and so joined another which by the time started the process etc.. delayed till Sep 2004 PD with EB3.
    13 years in the US and waiting....




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  • deardar
    09-14 10:17 AM
    thank you deardar and claudia255 for the contributions.

    Welcome!



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  • qualified_trash
    08-09 02:51 PM
    just one correction:
    Legal immigrants pay taxes at higher rates due to their immigration status

    I do not think the above is true.




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.



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  • ItIsNotFunny
    11-10 03:42 PM
    Nice to read. How much you trust USCIS and Ron Gotcher is a different issue to discuss :)




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  • Cheran
    03-05 04:43 PM
    ditto

    There should be a method behind this madness. Its hard for me to believe that these RFEs are random generated? Any idea boys & girls. By the way, I did not get a RFE!!!
    Man, how pathetic one's life should be, if he gets paranoid that he is not getting a RFE. Its sad to see where I stand today... :((



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  • priti8888
    07-23 06:07 PM
    My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o


    I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...




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  • Chiwere
    08-20 04:45 PM
    USCIS_COMPLAINT is an inactive email account should be reported to the Ombudsman as well.

    As for management,following are responsible for NSC:-

    Director: Gerard Heinauer

    Deputy Director: Gregory W. Christian



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  • Leo07
    05-06 11:01 AM
    Any sample letters to Senators with the 'text' outlined for this current cause?
    I'm thinking duly signed letters have more impact.




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  • hmehta
    01-02 09:19 PM
    I believe this is a very valuable debate/query and unfortunately there is no certain answer for this, there are numerous reasons either ways.....

    I am sure to go back to my Home country - my reason is bring up of my children.



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  • snathan
    08-24 09:37 AM
    If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

    And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?


    There was no way for me to know, but my "guess" is close enough, dont you think?



    To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies





    So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives

    unfortunately USCIS/DOL has set the min wage limit which must be equal/above the prewailing wage. Your argument of noble cause doesnt hold water. You can do that in the home country itself if you want to work for NGO.

    dont worry about my comprehension skill rather come up with valid points and better argument. If you dont have any we can stop here as its a waste of time to talk about this crap.




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  • blackberry
    07-05 03:03 PM
    Sent email to GA senators.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=GA


    --
    BB



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  • aadimanav
    06-10 11:28 PM
    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    AILA just published the following information that they received from the Visa Office:


    Department of State Advises of Dire State of Affairs on Visa Number Availability for Those Born in India or China!

    Cite as "AILA InfoNet Doc. No. 09061032 (posted Jun. 10, 2009)"

    Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 � months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:

    * The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.

    * The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.

    * The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.

    * The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.

    * The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.

    * EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.

    * EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.

    * EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.

    * EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 � months of FY2009, and a lot could change between now and early September when October dates are established.

    * There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.

    * There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)

    * There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.

    * Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.




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  • snathan
    03-12 12:33 PM
    No, it does not even do that. it does not let FOIA donors logon too.
    First, the whole concept of donor based organisation is so stupid.
    I mean really stupid.

    If the donor based thing is ON, the future of IV is not good.
    Yeah, IV does good work by talking to people all around, from different stratas of lawmaking and what not.

    but get real, look around guys, information is everywhere, not only here. and you are working for the greater good of the community, only donors are not going to be benefitting from this.

    Instead of making donor based posts, have a FOIA kinda drive every now and then.

    unbelievable, and to top that, even donors cant access the so called 'DONOR posts'.
    talk about low life bureaucracy, welcome to IV.

    Yes...this how we need to work. Why you dont support the donor idea. We dont need the free riders. We need only comitted people and not junks



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  • Radhika
    07-19 10:33 AM
    upgraded $20 to $50 monthly




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  • continuedProgress
    09-10 06:13 PM
    $100
    All, lets keep the momentum going.




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  • dhesha
    02-18 05:58 PM
    Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?

    U will get ur GC at 06/06/2010 10:23:22:11:10:09 PM PST




    Humhongekamyab
    02-18 04:27 PM
    Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.

    No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.




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    04-18 09:10 AM
    Congrats eb3july2003! Enjoy freedom....



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