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  • bugsbunny
    05-12 04:37 PM
    If you want to help IV and in turn help yourself
    step 1. setup atleast $25 recurring contribution to IV and become a Donor.
    step 2. participate in your state chapter
    if its not active ...make it active
    step 3. coordinate with other volunteers and help with media outreach
    or meet your local lawmakers along with fellow IV members to talk about our issues.

    sure there are plenty of things IV could do better but it cannot happen without your active participation. People who get greened will leave cause they do have better things to do than to toil on for people who don't even appreciate their efforts on here. Some who are noble stick around to help.

    If you are complaining that there is no bill to help legal immigrants then ask yourself...Have you done your part in pushing for it?





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  • eilsoe
    02-03 06:17 PM
    Anybody noticed the shadows on my entry?


    I even have shadows on the flowers! :P



    the boring days at work/school is gold in a pixel battle :smirk:





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  • Gravitation
    04-13 11:18 AM
    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3219.html





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  • karnamrao
    08-22 02:13 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C
    Please stay tuned.



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  • apahilaj
    11-27 07:15 PM
    Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
    On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!

    It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...

    This is just my personal opinion. I am not loosing my sleep over this any more.





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  • wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the way...here is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]


    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.



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  • bostonqa
    12-13 12:25 PM
    Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?

    Since May 2005

    EB2 India has moved by 1 week.

    so its ONE week in 9 months!

    no matter what excuse they have, this is just pathetic.

    well on the other hand if they can screw up FEMA, Immigration isnt even a blip on this nations radar.





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  • pappu
    04-21 12:44 PM
    Here is some analysis from Immigration Policy Center
    ---------------------------------
    How Much Will Arizona's Immigration Bill (SB1070) Cost?

    April 21, 2010
    Washington, D.C.- Frustrated by Congress' failure to pass comprehensive immigration reform, states across the country continue considering legislation that relies heavily on punitive, enforcement-only measures which not only fail to end unauthorized immigration but also have the potential to dig their state's finances deeper into a hole. The latest example of this kind of policy nose dive is in Arizona. A recent bill, "Support Our Law Enforcement and Safe Neighborhoods Act" (SB 1070), was passed by the Arizona State legislature and awaits the signature of Arizona Governor Jan Brewer. As the Governor ponders whether or not to put her signature on SB 1070, she should consider the potential economic impact of the bill, which would require police to check a person's immigration status if they suspect that person is in the United States illegally. This bill, if it becomes law, will likely affect not only unauthorized immigrants, but all immigrants and Latinos in general. Given the vital role that immigrants and Latinos play in Arizona's economy, and considering Arizona's current budget deficit of $3 billion dollars, enacting SB 1070 could be a perilous move.

    At a purely administrative level, Gov. Brewer should take into consideration the potential costs of implementation and defending the state against lawsuits. As the National Employment Law Project (NELP) points out in the case of other states that have passed harsh local immigration laws, Arizona would probably face a costly slew of lawsuits on behalf of legal immigrants and native-born Latinos who feel they have been unjustly targeted. This is in addition to the cost of implementation. For instance, NELP observes that "in Riverside, New Jersey, the town of 8,000 had already spent $82,000 in legal fees defending its ordinance" by the time it was rescinded in September, 2007. Also in 2007, the county supervisors in Prince William County, Maryland were unwilling to move forward with the police enforcement portion of an immigration law after they found that the price tag would be a minimum of $14 million for five years.

    More broadly, Gov. Brewer should keep in mind that, if significant numbers of immigrants and Latinos are actually persuaded to leave the state because of this new law, they will take their tax dollars, businesses, and purchasing power with them. The University of Arizona's Udall Center for Studies in Public Policy estimates that the total economic output attributable to Arizona's immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. Furthermore, over 35,000 businesses in Arizona are Latino-owned and had sales and receipts of $4.3 billion and employed 39,363 people in 2002 - the last year for which data is available. The Perryman Group also estimates that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs, even accounting for adequate market adjustment time. Putting economic contributions of this magnitude at risk during a time of recession would not serve Arizona well.

    With Arizona facing a budget deficit of more than $3 billion, Gov. Brewer might want to think twice about measures such as SB 1070 that would further imperil the state's economic future and try instead to find ways in which she can bring additional tax revenue to her state while pursuing smart enforcement that will actually protect Arizonans.
    -----------------------------------------



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  • saketh555
    05-30 07:29 PM
    Done!!!





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  • satheeshpola
    09-11 04:30 PM
    Our applications (myself and my wife) reached USCIS NSC on July 2nd. Our 485, EAD and AP's have WAC numbers. we both received EAD cards and approved AP's in first week of Sep. and last week of Aug we received Notice from CSC that our 485 case is being transferred to NSC as our cases fall under NSC's jurisdiction. It looks like EAD and AP cases are processed in CSC. My I-140 was approved by NSC in Oct 2006. We are waiting for FP notices. Hope this helps.



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  • starscream
    06-23 09:38 PM
    Related article:

    Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)

    Cornyn Calls on Obama to Present Immigration Reform Plan

    Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.

    �What we need is not another photo op at the White House. What we need now is a plan from the president,� said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.

    �The president doesn�t write legislation, but he does have the bully pulpit,� Cornyn said, adding that right now �it�s unclear how they can get it finished.�

    Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress � already spread thin with health care and climate change legislation � can take up yet another time-consuming and sweeping proposal.

    Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: �We�ve got a full plate already.�

    �There�s been little discussion from our side on immigration reform. I�ve honestly not given it a lot of thought,� McConnell said.

    But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.

    �We have to finish health care and climate change, but being third on the list is pretty good,� Reid said, predicting that he could muster up the votes for a bill later this year.

    Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline �the principles that will guide legislation he intends to introduce in the Senate later this year,� according to a release.

    Schumer will also attend the White House meeting Thursday.





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  • Circus123
    07-10 08:04 AM
    In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
    We should stick to getting our goals achieved instead of fighting those who are fighting us.

    Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...



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  • lsuk
    04-13 02:51 PM
    Good news for some of us guys! They are now processing August 1, 2003 :) It moved 1 year forward.





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  • McLuvin
    03-04 11:05 AM
    EB3-I is a lost hope, i dont think there will be any movement for next 2-3 years. Year 2001, 2002 and 2003 had 185K H1Bs and even if we assume 100K being used by India and all of them applied for GC -(half of them in EB3 to be optimistic). The number would be 50K/year just primary applicants. So, to advance from 2002 with 50K applicants would take---you can guess. There are only ~4000 visas/year for EB3 India.

    Yeah I can understand... Well certain things defy logic.... Hope is all life is about :)
    I am not trying to sound preachy.... com'on man we do go to casinos even knowing that the probability of winning is acute...



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  • mbartosik
    01-26 10:31 PM
    The standard stuff line, I'd say is a frequent sign on foul intent.

    If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.

    If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.

    You could even write your definition of "training" on the contract before signing it.

    If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.

    If there is foul intent then you don't want to be working for him anyway.
    Maybe try speaking to any other employees on H or L visa by way of references.





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  • regacct
    07-07 08:19 AM
    Over 60% of the US and 90% of Arizona supports the law they passed. Obama and his Attorney General are doing the wrong thing by interfering with state politics. How can these high ranking officials tell state law enforcement NOT TO enforce laws? The Supreme court will favor AZ even before the case starts. Slam Dunk.

    Immigration issues are handled by the Federal govt and Arizona is encroaching upon the Fed, and making laws - that is why the Obama govt is calling it unconstitutional.

    Secondly, if you want the green card, you better support the feds. Reason, if other states keep passing laws such as AZ, even if nothing happens initially to the legal immigrants - it won't be long before you will be targeted.

    Besides, which state law should the USCIS confer to? If your wait is long now, if you believe that USCIS is inefficient - just wait until all the states pass AZ laws..............



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  • Vsach
    07-27 08:01 PM
    You are being a jerk and don't encourage others to be:mad:





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  • jgh_res
    08-11 09:14 AM
    U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?

    I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.

    The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?

    Thanks and appreciate everyone's understanding.





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  • engineer
    07-06 04:22 PM
    This is great news. I was approaching Brian Williams few days ago and gave him all the information.

    Great achievement...





    whattodo
    07-27 02:14 PM
    Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
    Hope this helps
    Thanks

    If no one (or practically no one) from July 2nd has got their receipt notice, then whats the point of calling them everyday. Calling them will NOT get your receipts sooner. These kind of behaviors lead to bad customer service. Misuse it and then dont complain if USCIS disallows this service where we can call and talk to someone. Just get your act together and act maturely.





    abhisec
    08-06 02:29 PM
    I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.

    Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.

    Amen to that. See my sig.



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  • PD_Dec2002
    05-22 08:21 AM
    Please correct me if I am wrong, but the Hammond Law Group (HLG) was hired by IV for its lobbying efforts, correct? What does HLG have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Would be interesting to get their point of view...

    Thanks,
    Jayant





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  • mmk123
    07-29 01:18 PM
    Thanks! It's just a modest attempt to entertain outselves with humor in these hard times.
    Actually thanks to these articles and comments on BW and other forums - they are inspiration to write something witty and funny!

    - M





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  • pdakwala
    04-29 11:23 AM
    Guys,

    All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.

    To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.

    Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.





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  • webm
    02-27 02:40 PM
    1) EB3 people believe and argue that it doesn't matter.
    2) From what I have noticed on , eb1 > eb2 > eb3.
    3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
    4) In the end, USCIS is a black box system and no one knows exactly how they work.
    5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.

    Well said..I agree with you!!



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  • lecter
    March 2nd, 2004, 07:59 PM
    I've noticed a massive upswing in comments and photo discussions..

    makes me warm and fuzzy all over....

    keep 'em coming.....

    (I have done four weeks quota to stay ahead of the game)

    lol

    ;)


    :P


    Rob





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  • rameshvaid
    03-19 06:13 PM
    I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.

    My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.

    Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.

    Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.

    RV



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  • nogc_noproblem
    04-09 04:41 PM
    Whether the IO at Port of Entry asked anything about your H1B Visa Stamp?

    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.





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  • H1B-GC
    04-07 10:50 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.



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  • continuedProgress
    04-28 11:23 PM
    Renewed my AP in fall of last year - applied online. Didnt need to FP.





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  • sunny1000
    11-26 06:01 PM
    Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

    Gurus please give your thoughts.

    Anil

    What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.

    But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.

    You may also want to post your query at www.immigrationportal.com

    In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.

    Disclaimer: this is not legal advice.



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  • pappu
    06-27 07:36 PM
    From: National Immigration Forum
    Web: http://www.immigrationforum.org

    Recess

    Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.

    On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.

    There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.

    H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.

    In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.

    Even for these modest reforms, prospects for passage are uncertain.

    Oversight and Accountability

    If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.

    There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.

    The Appropriations Season

    We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)

    Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.

    There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.

    There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.

    The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.

    Immigrants and the 2008 Elections

    The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:

    http://icirr.org/node/2882

    Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.





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  • sabbygirl99
    07-07 08:57 AM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???



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  • shyamiv
    09-20 03:23 PM
    Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...

    That should not stop you from expressing your opinions and thoughts here in this forum !





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  • Anil_s
    07-02 06:48 AM
    Hi Ari,

    Thank you for the information.

    How Will it affect my H1-B process

    Anil



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  • abdulazeez77
    08-14 06:06 AM
    On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.

    Regards,
    Azeez





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  • glus
    05-10 07:23 PM
    hello,
    Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.



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  • akred
    04-16 11:51 PM
    Advanced degree = MS and higher

    Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.


    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.





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  • gc0402
    07-17 09:00 AM
    Forgot/didn't know about A# mentioned on my I-140 approval and did not mention it on I-485 application/EAD/AP. will it be an issue??
    If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.





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  • sonu9
    07-30 12:45 PM
    hi thank you . yes we can, receiving letters from "x" address is not at all problem then is it fine to put X adress ? no problem right ? thank you once again.





    glus
    11-26 05:39 PM
    Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.

    Take infopass and get I-551 stamp in your passport. Print out your online status and when you speak to an IO explain the situation. It is risky to leave the states at this point.





    prout02
    07-30 12:26 PM
    I have read in this forum frequent questions about this - legality/enforceability of noncompete clause. Here's a recent court decision from Kansas. It talks about physician practices. No idea if it is applicable to other professions. But the four factors cited in the decision seem relevant.

    Interestingly, it talks about 8 states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- that have been known to outlaw or significantly restrict such clauses.

    Please take it for whatever it's worth.

    ======================
    http://www.ama-assn.org/amednews/2008/08/04/prsa0804.htm
    amednews.com
    Kansas court enforces noncompete clause
    The court looked at a number of factors in weighing the contract's impact on the doctor, the employer and patient care.

    By Amy Lynn Sorrel, AMNews staff. Aug. 4, 2008.

    A Kansas appeals court recently affirmed the enforceability of noncompete clauses in a ruling that puts the spotlight on issues that can arise in drafting or signing the employment contracts.

    Kansas is among a majority of states that consider noncompete clauses legal, with varying case law or statutes as to when and how the provisions can be used. Eight states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- have been known to outlaw or significantly restrict such clauses.

    In June, the Kansas Court of Appeals upheld a contract that restricted a family physician from practicing for three years in the same county as the group she left unless she paid the clinic 25% of her earnings during those three years after her termination.

    In its decision, the court analyzed four factors to determine the validity of the contract provision. The court looked at whether the restrictive covenant:

    * Protected a legitimate business interest of the employer.
    * Created an undue burden on the employee.
    * Harmed the public welfare.
    * Contained time and geographic limitations that were reasonable.

    In upholding the noncompete clause, the court found that Wichita Clinic PA had a legitimate interest in protecting its patient base and the investment it made in establishing the practice of Michelle M. Louis, DO, when she joined the group in 1991. The court said the contract did not unfairly restrict competition or patient access because Dr. Louis had the option to continue practicing in the area, where other family physicians were available.

    Gary M. Austerman, Dr. Louis' attorney, said the court essentially ruled that "a contract is a contract" while giving "short shrift" to other concerns, including patient care. Dr. Louis plans to petition the Kansas Supreme Court to take her case.
    8 states outlaw or significantly restrict noncompete clauses.

    "A doctor's right to practice and continue her relationship with her patients in this case is greater than the employer's right to restrain that right," Austerman said. "Patient choice is affected any time you say you can't take care of patients just because of a business relationship."

    Austerman said Wichita Clinic -- a practice of nearly 200 multispecialty physicians -- was not harmed by Dr. Louis' departure, and the contract was aimed at protecting itself from competition rather than protecting patient care. He argued that the 25% damages clause imposed an arbitrary penalty on Dr. Louis and was not intended to apply to the income she would make when she left the clinic in 2004.

    AMA policy states that covenants not to compete "restrict competition, disrupt continuity of care and potentially deprive the public of medical services." The AMA discourages any agreement that restricts the right of a physician to practice medicine and considers noncompete clauses unethical if they are excessive in scope.
    Striking a balance

    Gary L. Ayers, an attorney for Wichita Clinic, said the group's contract struck an appropriate balance.

    He said the clinic hired Dr. Louis after she completed her residency and helped set up her practice with an existing source of patient contacts and referrals, and by covering administrative and overhead costs. But if doctors decide to leave and take a portion of their patients with them, the group would lose out financially without some reimbursement arrangement, Ayers said. As a result, patient care would suffer.

    Restrictive covenants "allow groups to protect their patient base and in turn give them the ability to grow the practice to provide a vast array of patient services," Ayers said.

    Doctors on either side of the negotiating table should consult legal counsel to know where their state stands on enforcing noncompete provisions, said Richard H. Sanders, a Chicago-based health care lawyer with Vedder Price.

    Employers drafting contracts should make sure time and distance limitations are reasonable and reflect where the practice draws its patient base from, he said. On the flip side, individual doctors should not hesitate to negotiate and ask for a buyout clause or a carve-out leaving a particular geographic territory open.

    Jerry Slaughter, executive director of the Kansas Medical Society, warned that doctors should take the contracts seriously. The medical society was not involved in the Wichita Clinic case.

    "If properly constructed, [restrictive covenants] are legal and binding, so it's really about the parties going into it understanding it's a contract."

    Discuss on Sermo Discuss on Sermo Back to top.

    ADDITIONAL INFORMATION:
    Case at a glance

    Was a noncompete clause in a doctor's employment contract enforceable?

    A Kansas appeals court said yes.

    Impact: Some individual physicians say the provisions restrict their rights to practice in any given area and infringe on patients' rights to choose a doctor. Physicians on the medical group side say the contracts help protect the investment a practice makes in new doctors and its existing business, which, in turn, helps maintain access to care.

    Wichita Clinic PA v. Michelle M. Louis, DO, Kansas Court of Appeals

    Back to top.
    Copyright 2008 American Medical Association. All rights reserved.



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  • alterego
    07-06 02:18 PM
    Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.

    The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.

    This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.

    Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.



    Thanks to Dr. Bahrainwala for the interview.

    Wow. Very visible place to get on the radar. Can't wait to see it.
    If I remember correct in the NYT article, he has spent something like 11yrs waiting to just file the 485.

    I hope, really hope that out of all this we can atleast get a visa recapture legislation. It can be considered as undoing the inefficiency of the USCIS over the years.

    It will help everyone in the EB line at every stage in many ways.





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  • InTheMoment
    08-15 05:11 PM
    The one I put in my earlier post is exacty the same template I used to send to USCIS !

    Is there a way you can get me a sample letter from employer?





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  • rameshk75
    02-12 06:25 PM
    Hi Shana,

    Just came home from work and logged back. My scenario:

    - I have my H1 until Sep'09.
    - If i change the employer will i get an extension for 3yrs based on the approved 140?
    - Do i need to file 140 again with the new employer?

    Thanks in advance





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  • lazycis
    12-28 06:44 PM
    so is it the notice date or recipt date that counts.. If someone filed on July 2nd, but the notice date is August 15, where do I coutn 180 days from.

    Look at the notice and find "Received Date". That's the start date.



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  • greyhair
    07-06 02:19 PM
    http://www.foxnews.com/projects/pdf/070610_AZlawsuit.pdf

    Justice Department Files Suit Against Arizona Immigration Law

    The Justice Department on Tuesday filed a lawsuit challenging Arizona's immigration law, claiming the law is "invalid" and "must be struck down." Read More (http://www.foxnews.com/politics/2010/07/06/justice-department-file-suit-arizona-early-tuesday/)





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  • palemguy
    08-19 11:15 AM
    PD: April 20, 2004
    service center:NSC
    I -140 approval date: Jan 8, 2007
    I-485 RD: July 3, 2007
    LUD on 140: 4/9/2008
    LUD on AP: 8/8/2008
    I-485 Approval: Hope to see it very soon

    I have opened an SR as my case is out side the normal processing time. I have infopass appointment on Aug 27, 2008.

    I will post my experience once I am done with my infopass or if I hear anything from NSC.



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  • nviren
    04-02 04:28 AM
    Done sending both faxes.





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  • raj2007
    02-17 11:00 PM
    thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.

    Thanks everybody we need your support to come out of this situation.
    Sorry to say but it seems a tough call. I will not pin my false hopes on this.
    I feel Eb2 will move very fast by Oct. than any possible change in law.



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  • qvadis
    12-29 04:03 PM
    No one analysed the statue of the language used in 202 5 a.

    If the total number of visas available under paragraph (1), (2), (3), (4), or (5).



    You might have to define what the word "is" is ;-)

    Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"

    One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.


    This is the very direct, simple interpretation of 202 5 A.
    Therefore one cannot (EB3-ROW) interpret, for their convenience.


    Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.


    Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.

    I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.





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  • h88
    02-05 01:54 PM
    Originally posted by eilsoe
    *just 11 more votes, just 11 more votes!!*
    10

    :cool:

    Your entry is really cool eilsoe, Good Job Everyone!



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  • dc2007
    08-23 04:55 PM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.

    But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.

    My point here is that:

    1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".

    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you





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  • chanduv23
    08-31 04:26 PM
    No lies, salary cannot be raised and people on H-4 cannot work. The article is right.

    What I don't get is where they got that the Sept 18 rally will see 5000 of us attending? That's way too little guys, we need at least double that!

    They probably phishing IV website and figured out that lot of members are are jot coming forward so they analyzed and came up with a 5K figure :D:D:D:D



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  • abhijitp
    07-08 11:29 AM
    NBC news is old one on youtube and i rated 5 stars, but i think green card(other one) is new and awesome. rated 5 stars.
    This new one is an excellent work of satire, and I had the power and the money, I would try to show it on every TV channel like a TV commercial... terse and poignant... this is the kind of thing that can spread the news like wildfire.





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  • mayhemt
    05-15 09:42 AM
    Nice to see one politician who makes sense..

    A good interview with Eric Schmidt (google CEO):
    http://www.youtube.com/watch?v=hJdlkzWMww0

    She has amazing views on Civil Liberties, Immigration, Human rights, Energy Environment..



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  • gc28262
    02-21 08:06 AM
    ICE do site visits to investigate employers. It happened to one of my former colleagues. What officer did was to verify that he was a genuine H1B employee. The officer visited his manager at client's place and verified his duties.

    However I haven't heard an officer visiting one's home.





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  • gc_kaavaali
    12-28 06:15 PM
    Hi logiclife,
    Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...

    I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.



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  • rkanth12
    10-10 12:52 AM
    Beware of companies that have office in Ameerpet, Hyderabad. Most of them are phony companies.

    You are 200% true.





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  • nolud
    02-11 04:08 PM
    I received a letter from uscis/DHS on Jan 28.
    It was in response to my request about my wifes I-485 being in namecheck for a long time.

    The response stated:
    "The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."

    Does this mean that the namecheck has been completed?
    What is "requirement review"?
    Did anyone else get this type of letter?

    Wifes Case dates:
    PD - Jul 2003
    Interview Date - Jan 4 2006
    Type - Family based ( on marriage )
    Info Pass - Sep 2007
    Last FP - Oct 2007
    LUD - 10/2007 ( probably because of FP )

    Current Status:
    On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Note: If this is the wrong forum/area, please advise where is this question best suited for...
    Thanks to ALL





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  • delhirocks
    06-26 09:05 PM
    Ha..





    aj_jadeja
    07-07 07:24 PM
    i saw it on TV . there is 10 ot 15 sec clip of some one asking Condoleezza Rice about this fiasco . which program was that on nbc ? any one has any info on it ?





    dskhabra
    02-11 02:12 PM
    EB2 I should get more spill over from EB2 ROW that what it got last year. The number of labor approvals is very less after June 2008( someone posted it earlier in some other thread). EB2 ROW is always current and I think the usage should be low this year.