Wednesday, June 15, 2011

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  • thomachan72
    05-10 09:42 AM
    I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
    Comments from those who have done this before is appreciated.




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  • losthope
    06-11 12:30 AM
    I think USCIS should be blamed because all those previous years visa numbers which are lost because they can't adjudicate the cases on time. We invested our time, resource and money for each and every step. We pay social security and taxes to run the economy. Most of us are here in "UNKNOWN" status but we are called resident and spent many many years.
    I have mixed feeling on if government/congress is serious about fixing this issue because 10 years doesn't sound very positive.

    It looks like immigration issue is hen that give golden egg ($ for the economy) Paper wok, Attorney frees postal fees gov fess etc. Does anyone would like to fix it?

    Please share your thought.

    1) Will the green card be worth after 10 years?
    2) Is there any grantee this mess will be cleared in 10 Years?
    3) Is time spent in path to immigration will be joyful and peaceful?
    4) The time away from back home Close family and you may have already missed your nearest and dearest family function. your child niece, nephew and other close relative bonding that your had when you'r child and had all this which you may be sacrifice for the path to immigration

    Please rethink what important and how to get an attention from the right people




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  • gc_peshwa
    01-26 07:00 PM
    IMHO this is a tremendous start. If at all the lawmakers do get serious about this proposal we need to lobby hard to include MS students and EB community as part of one of the amendments. If President Obama can mention MS students in in speech to the nation I feel he would atleast support it.
    The topic of STEM students getting stapled green cards should be relatively less controversial.




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  • seeking_GC
    07-11 10:56 PM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......


    http://www.usimmlaw.com/current_information.htm


    Copying the contents of the website below :


    Visa numbers WERE available July 2nd!!
    We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!

    In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!

    So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.

    USCIS did not use all visa numbers before July 2nd.

    Did USCIS actually use the visa numbers it requested????
    Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.

    In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.

    However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.

    We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!



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  • iwantmygreen
    04-22 08:29 PM
    Has anybody got any experience where an approved 140 was revoked by employer. The 485 is pending.




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  • puvathoor
    02-17 09:02 AM
    Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?

    EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).

    What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.

    While I would love for this to happen, this seems to be a very remote possibility.



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  • smisachu
    06-08 03:28 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks




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  • capriol
    04-15 02:49 PM
    Dear Friends:
    I would appreciate if someone could answer these 3 questions for me:

    As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
    (1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
    (2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
    (3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
    Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.



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  • Jaime
    09-11 05:21 PM
    You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

    Don't let the Reverse Brain Drain suck you in!!!!




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  • xgoogle
    11-12 05:44 PM
    I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?



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  • cableching
    05-21 12:33 AM
    The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???

    We need H1 only when we are not married or we have not filed I-485 for the dependants.




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  • sammyb
    03-24 02:04 PM
    Thanks ... wil listen to it from home ...


    http://wamu.org/programs/kn/08/03/24.php#20155

    Our segment is available without fast forward
    If the Windows Media does not load try with Real Player that normally works better for me.



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  • tinamatthew
    07-17 04:04 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.


    HERE IS THE UPDATE

    UPDATE as of 3:18 PM EST 7/17/2007

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

    DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.

    DHS will issue a press release to this effect later today.

    --------------------------------------------------------------------------------
    Last edited by logiclife : Today at 03:02 PM.




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  • guygeek007
    07-19 09:07 AM
    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.



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  • prinive
    02-16 01:14 PM
    :rolleyes: Bump




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  • eb3_nepa
    04-27 06:12 PM
    Not sure if this has been posted before. If not here goes. This is on immigration-law.com.

    Does IV know anything about this?

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
    <br><br>

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.



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  • fromnaija
    07-20 04:59 PM
    I'll be checking the source of this. I'll be glad if you could point me in the right direction. Thanks.
    However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).


    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.




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  • ujjwal_p
    03-26 03:40 PM
    just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...

    First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.

    On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.




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  • trueguy
    12-11 06:24 AM
    China EB3 also didn't recieve the fair share (as per the law) of annual quota.

    Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.




    kevnss
    03-20 12:35 PM
    You are right, here is the link to see more information about the rules..
    Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2

    Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".

    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.




    raj2007
    06-17 02:32 AM
    I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

    Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

    Please guide me on this.

    How can you ride on 2 horses?:)
    Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.



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