Saturday, June 11, 2011

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  • immm
    07-07 01:45 PM
    (Admins, please delete this thread if already covered)

    http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html

    Our View: Feds play games with immigrants
    They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
    Last Updated: July 7, 2007, 03:16:02 AM PDT

    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.





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  • snathan
    08-16 12:35 PM
    My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..

    RV

    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.





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  • srinu
    11-07 10:12 AM
    That's true.

    Even if many attorneys are listed at one place and there is a provision to provide feedback for each of them, I don't see any feedback.

    Looks like most people want others to help them but don't want to help others.





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  • desi3933
    02-23 03:17 PM
    .... you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.


    This is not correct.

    One can use unexpired H-1B visa stamp along with the latest I-797 to get I-94 date as mentioned in the I-797 approval notice.


    _________________
    Not a legal advice



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  • hpandey
    11-11 11:06 AM
    Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.

    There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .





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  • karthkc
    05-11 02:46 PM
    This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.

    USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.

    In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.

    Hope that clears it a bit!

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.



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  • McLuvin
    03-04 05:10 PM
    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!

    Congrats !!! I think u should party hard for a long time...





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  • seattleGC
    02-24 08:28 PM
    I totally agree. There has to be some way to differentiate else we will be stuck in another retrogression with a few millions people in line.



    Hi Guys,
    In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..

    From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..

    I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
    I request IV to incorporate this in their agenda.

    Cheers



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  • peer123
    06-11 06:59 PM
    please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.

    I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.





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  • aniraj
    08-02 01:26 PM
    Thanks a lot



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  • gcisadawg
    04-16 11:11 AM
    bbct & vin13,

    Thank you both for your replies! We are trying to figure out what to do.
    She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.

    Thanks,
    GCisaDawg





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  • reddog
    03-27 10:45 AM
    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!


    Always used fedex and used this address
    For private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • chanduv23
    07-07 12:52 PM
    Invite the Senators to this meeting.

    Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .

    Invite the Heads of DMV so that they can address our driving problems

    Invite SSN people local heads.


    When we do this, we can pay for their expenses to join us in that meet.


    I am open to it. Not only by contribution but also working.

    Try to get IV members to join the State chapters first. Try to get the community to support IV first. Try to get the community make phone cals send letters first.

    It is a step by step process. We have to get enough buzz and enough support from within our own community before we can call politicians or VIPs to come to our meets and greets





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  • gk_2000
    01-29 08:47 AM
    Obama's point was direct. "Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense."

    He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D

    You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)



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  • coolpal
    03-30 12:28 PM
    I thought the OP was making a case for getting his question answered.. that doesn't mean the case is necessarily true now.

    And I think if you read further down, the op himself said he didn't get his GC yet, but his question was "what if?"...... guys read before you post ;)

    pal :)





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  • meridiani.planum
    05-11 02:36 AM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.

    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.



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  • intheyan
    08-13 09:07 PM
    I feel the name check rule is just for our satisfaction and it is not helping most of the name check clearence.





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  • FredG
    December 31st, 2004, 07:13 AM
    You don't go for easy subjects, do you? Glass is tough, and you did well. But if you keep this up, it will cost you $3,000 to replace your wife's wardrobe!

    Just a few thoughts coming from very limited experience. Aqua reflectors might disguise or mute the specular highlights, which is always the toughest part on glass. If you want the rims lit less (personal preference - I think these look fine), you could bounce off one of the cards rather than the ceiling. Another interesting way to shoot glass is to put it on a glass surface, and have the light source coming from below with a black background. But then you couldn't have staggered height arrangement like you have here.





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  • eb2_mumbai
    10-22 09:11 AM
    If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.


    Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?

    I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21

    Please guide.





    belmontboy
    12-16 07:12 PM
    Hello Friends,

    I am travelling to INDIA on Jan 28, 2009.

    I am booking Lufthansa Airlines, travelling via Munich to Delhi.

    Visa on passport is expired but I do have approval of H1B till 2010.

    Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.

    Thanks in advance.

    TWOV (Transit Without Visa):
    Visa required, except for Those transiting to a third country
    by the same or first connecting flight without leaving the
    transit lounge. Warning: Transit only possible at Frankfurt,
    Munich, Hamburg and Dusseldorf Airports, see conditions below.

    - Nationals of India may use the TWOV facility mentioned
    above if holding a residence permit for U.S.A.. (SEE NOTE
    5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Nationals of India may use the TWOV facility mentioned
    above if being admitted for residence in the U.S.A.,
    holding Authorization for Parole of an Alien into the
    United States together with a national passport endorsed
    with I-551 stamp AND:
    - travelling to/from the U.S.A.; or
    - travelling to country of nationality. (SEE NOTE 5151)
    NOTE 5151: This TWOV facility also applies for the return
    travel provided it is one journey and return travel has
    been commenced on or prior to the expiry date of the visa
    or residence permit.
    - Conditions: TWOV available, provided passenger:
    - is properly ticketed with a confirmed reservation for the
    connecting flight; and
    - within 24 hours, through Frankfurt, Munich; OR
    - on the same day between 04:30 and 23:30 through Hamburg;
    OR
    - on the same day between 06:00 and 21:00 through
    Dusseldorf, (inbound carrier must provide prior notice to
    authorities by fax: +49 211 421 37100 or SITA Telex
    DUSOVXH).
    And:
    - is arriving and departing from/to non-Schengen country;
    and
    - holds all travel documents required for entry into
    country of destination.
    Additional Information:
    - Visitors must hold visible means of support, onward/return
    tickets and/or other documents required for next
    destination.





    JA1HIND
    01-24 01:44 PM
    Yeh you guys are right, almost everyone is doing it. Don't know whats up with her.....

    If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)

    not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!



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