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Saturday, June 25, 2011

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  • CraigSum
    07-08 11:30 AM
    http://digg.com/politics/July_Green_Card_Fiasco_Not_fault_of_DOS_as_per_Con doleeza_Rice_on_CNBC





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  • nogc_noproblem
    08-26 12:57 PM
    We have applied for our AP renewal on 05/09 at NSC. I have noticed online status change to our I131s today with the following message. Is this a RFE? if so, what could be the RFE for AP? Your help and input appreciated.

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
    Current Status: Document mailed to applicant.





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  • rajakannan
    06-27 10:08 AM
    It is not workable option. How can you ask and convince your attorney to wait till the end of month and file. It is really foolishness and stupidity. If something happens, everybody will suffer. So, start sending whenever your docs are ready and good to go. Since we got a month, all filings will be distributed to whole month, and nobody or media cares. If they receive all on a particular one day, then it will be in news unnecessarily. Then, everybody starts hating GC applicants like the way it is happening for H1Bs because of mass filings on Apr 2nd 2007.

    So, please don't bring these ideas to forums for your personal benefit. If you are waiting on for some documents to end of next month, just you only wait, not all of us. We want to go and file. Most of us are already waited enough time to get a chance like this.

    Happy filing.

    There is a very good chance that something will happen soon if we rush. if you are smart enough to think that filing on july 1st will guarantee your acceptance, then you are wrong buddy. As per the other threads and discussions from lawers , immigration officers, and info pass applicants that we have seen so far, uscis can change and will probably change the rules of accepting the application if the demand and rush continues. Already we are seeeing 45 days backlog of receipt.

    besides lawyers just have to instruct fedex to pickup and deliver it on july 30th, how difficult can it be ?? except they should have little more room to pile up the applications until july 30th :)





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  • Libra
    07-10 10:37 AM
    Only a regular Lou Dobbs watcher will know, Lou never read a negative message posted by audiance on his show, and he will read only those messages who are racist, and literally hates immigrants.

    My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.



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  • bkarnik
    04-12 11:27 AM
    The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

    Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

    ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.





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  • eilsoe
    02-16 06:10 PM
    voting ended, thread died :-\

    what gives??


    oh, Soul, thx for the battle ;)

    it was scary in the end...



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  • RajForGC
    06-07 12:02 PM
    Friends,
    EB3 - Perm May 2005, Sep Approved, 140 Approved Jan 2006

    Eb2 - Perm April 2007, May 2 Perm Approved, 140/485/765
    filed May 18th, 140 Approved 23rd May, Finger Print Next week.
    So, My question is , if this Bill get pass then do I have to reapply again. If then my employer will send me home rather than doing so. Please2 let me know.
    Thanks





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  • school. View Wallpaper:



  • reddymjm
    05-15 11:08 AM
    I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.

    I believe "snathan" story was inspiring and addressed the true problem of that individual and every indivudual's life. Trust me, when you all get your GC's ...it will be these things that will matter to all of you, rather than anything else.

    I felt the same. Anyway it is all Fate.



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  • coloniel60
    08-13 10:39 PM
    My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.

    No where in the I-485 standard operating procedure do they mention that second filing will be rejected. This is what they say:

    "Second filings refer to I-485 applications submitted to a service center with
    a new filing fee even though one may be pending at another INS office.
    Second filings will be handled under the normal process."

    Just mention in the cover letter that you are mailing again because you didn't get a receipt notice even after 60 days and that USCIS has issued an update that they have processed all application past your mailing date.





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  • chanduv23
    03-26 02:29 PM
    We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.

    I think an original offer letter along with latest paystubs is a good way of doing things.



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  • nozerd
    01-05 02:07 PM
    So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?





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  • tonyHK12
    01-25 03:16 PM
    the keyword is "Un-Inhabited"..

    Can we call it Jersey Chor? :D

    Disclaimer: not referring to Jersey crowd



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  • sayantan76
    05-29 07:11 PM
    I already sent one. Trying to do something about the problem is fine; grumbling over things that we cannot do anything about is not.

    It is definitely not OK to be posting unconfirmed data as above.
    I am on a non immigrant visa and am fairly close to getting my green card through EB-1 under current system - so am basically screwed if the new law passes. I have sent my share of web faxes and have made my wife/ friends at work do the same. I view green card as a logistical convenience and not a do or die thing. If GC does not work out and my work visa upper limit expires - my company would move me elsewhere (or I can get another job somewhere else)....I dont consider myself beholden to any country except India (my country of birth) and would happily move around till I can afford to settle down comfortably in India

    However, if I think rationally without being condescending, here is my take:

    Legislators in a democratic country are answerable to the people who vote (that excludes all of us). If the Indian MPs start listening to the thousands of neighboring country (no offence intended - just illustration of a point) immigrants while making up their mind on any legislation - I would be damn pissed off - regardless of whether they pay taxes or not.

    When we all came to US on work visas - US Govt did not make any promises about green card nor did they extend an express invitation to most of us (there may be some exceptional scientists/ educators etc here and I beg their apology)......the contract was between us and sponsoring employers..not with the US Govt...US Govt may choose to legislate the way they deem fit without asking us or listening to us- regardless of what 1 million folks have to say

    The opposition to the new law from skilled, legal non-immigrants is not united....nor are the demands uniform....a divided front can never be a strong front.

    No matter what IV or any other organization does (not to take anything away from the great work being done here)......the senators/ congressmen would listen only to those who have voting rights....I dont think anything is being done here to change public opinion of the common US citizen.....and I am not even sure how to do that....common US citizens think that Indians (and other work visa holders) are here to take away the nice white collar jobs which they took for granted.......

    Senators/ congressment do not (and they should not in a real democracy) have any opinion - they are supposed to mirror the opinion of the voting majority...the reason they care about the illegal immigrants is because the ethnic segment from which an overwhelming number of illegals come from - their legal US citizen brethren have put their electoral weight behind this.....since many families are like 50% legal and 50% illegal......





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  • dhesha
    08-20 04:22 PM
    I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.

    Is he Narendra Mandalpa a.k.a Nick? Yes he does all this fraud all the time and I heard that he got Jail also but unfortunately he got only 20 months and may be he is back and started doing this again?
    Or who knows how many Nicks are there in this country. All of these bastards should be deported back to their countries. Sorry to be so harsh but I couldn't fine better word then this for these kind of people in this country.



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  • leoindiano
    08-07 03:22 PM
    PD : Nov 2004
    RD : July 25 2007
    140 Approval : Oct 2006

    Anil, Your receipt number start with EAC****?





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  • ash0210
    03-21 12:19 PM
    logiclife, finding 6 members in Cleveland & 6 in Coulmbus..trying to reach them. Thinking of forming 2 local groups for conveniece to meet local legislators..

    Guys from Ohio, pl respond thru pm or thru this open forum..


    This has also been sent thru newsletter. If you did not get the newsletter, then update your profile here and check to see if your email address is correct.

    Meet your Legislators:

    Immigration Voice plans to organize a nationwide meet-the-lawmaker drives in every state and every district. Two of our volunteers � Varsha and Sanjay � would be helping us to organize this. If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.

    Feel free to ask Varsha and Sanjay for any other questions that you have. They have met with their Congressmen and Senators a few times and they would be glad to help you do the same thing in your state and district.

    A Perfect Opportunity:

    This is the perfect time to meet the lawmakers, as they would be in their constituencies just before they go back to work on Immigration this spring and summer. In order to capitalize on this opportunity, it is very important that everyone meet with his or her legislators locally during this Easter recess of Congress. The members of the House will be in their districts between 2nd April and 13th April. The members of the Senate will be in their states between 2nd April and 9th April.

    Please use the time between now and the Easter recess to seek appointments to meet with your Congressmen and Senators in order to draw their attention on the need for reform in high-skills immigration.

    Thanks,
    Immigration Voice.



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  • gc28262
    07-29 03:47 PM
    This "me vs you" attitude is what is unhealthy. Having PD of June 2002 is nothing to be happy about, either for EB3-I or ROW. It is just pathetic. We should all be together in this. Asking for more visa numbers, recapture, etc would be more practical for us

    I was answering in reference to his question.
    For me, I want all categories to be current all the time :)





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  • Alabaman
    11-19 03:31 PM
    The best thing to ask for is a "time factor". If you have been in the US LEGALLY for a certain number of years (say 5 years), then you can apply for a Green Card (GC). That way people who have put some roots here over time will be able to become permanent residents. It also provides an incentive to immigrants to stay in status.

    Why should there be a time factor from "GC" to "Citizenship" and none from visas like H1 to "GC"? It doesnt make sense! After all, I would think it should be harder to become a Citizen than to becoming a GC holder.

    US should look up north to their Canadian neighbours for a good immigration system. A point system too would not be bad. It can determine how deep you have put down roots and then give you GC based on that.

    Take for example, someone educated in the US, has been working on H1B for 4 years and with three kids that are American Citizens, and posses two properties in the US. It doesnt make any sense for that person not be able to becomoe a PR. Infact if he loses his job today, he's shown the door... that same day.





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  • willwin
    02-20 01:06 PM
    judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p

    Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.

    LOL. What a punch!!!





    amitbhatia76
    09-05 06:02 PM
    why the letter says 765 copy when the application is for 131/AP?

    Date


    To,
    The Immigration Officer,
    USCIS,
    (processing center address)


    Re: Application for Travel Document.


    Dear Sir/Madam,

    This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.

    I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.

    Attached are the supporting documents. Please feel free to contact me if you need any additional information.

    Documents Attached:
    I-765 Receipt Notice
    Passport copy
    I-94 copy
    I-485 - Receipt Notice
    Previous Travel Document copy
    Drivers License copy


    Thanks,

    Name
    Address
    Phone
    Email
    I- 485 Receipt Number XXXXXXXXXXX





    whattodo21
    12-14 09:17 AM
    Is IV still collecting the list of affected EAD ? I received an RFE, and have provided all the documents, and my 90 day period is coming up soon. Please help. I have contacted my congressman also.



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