Monday, June 20, 2011

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  • dvb123
    04-04 10:31 AM
    I think that there is little sympathy or need for the government to reform employment based immigration for IT people. I believe a lot of professors, researchers etc are stuck in EB2 category definately because very few people qualify for EB1. If IV collects a list of these people and then gets petitions from them I think there will be a good case to present to the Senators.





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  • waitnwatch
    07-28 01:01 PM
    I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(

    :)....See we could start a new thread discussing the repurcussions of shaking hands with Donald Duck.


    PLEASE EVERYONE: THE PERSON WHO STARTED THIS THREAD IS A FAKE. GO SEE THE PUBLIC PROFILE OF THIS PERSON.

    Sorry for the caps.....admins please close this useless thread.





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  • Libra
    09-10 12:23 PM
    Andy_garcia, its good for you that your wife and kid are working. We people dont use consulting firm to get our GC, but got stuck with those companies because if we leave them we have to start whole GC process. So we dont want that to happen and wait for 10 more yrs to get our GC.

    I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.

    When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.





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  • coolgc
    07-12 04:22 PM
    Hope, they move further in next month's bulletin.



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  • rayen
    04-01 06:18 PM
    Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.

    Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?

    Thank you.

    USCIS � Texas Service Center
    Attention: I-485 Unit
    Mesquite, TX 75185-1488

    Dear Sir/Madam
    This letter is to confirm our intent to continue employing Mr. XXX on a full-time basis of 40 hours per week as an Oracle Systems Analyst with a wage of $XX.XX per hour upon obtaining his U.S.Permanent Residence. All of the terms and conditions of the employment-based labor certification continue to exist.

    As an XXXXXX, his duties entail:

    Job description( Detail)

    Sincerely,


    Name and Title of Signer





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.



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  • GCKaMaara
    03-12 01:03 PM
    Excuse me who are you calling a disease?

    who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.

    Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.

    The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.

    Thank you

    This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.

    Sorry Ron.





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  • sam2006
    01-16 07:21 AM
    50$ sign up from me

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  • Administrator2
    06-10 04:20 PM
    Please send message to your Senator to oppose this amendment. Here is the link to send the message.

    Action Alert: Vote NO Sanders amendment S.A. 4319 to pass H.R.4213. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1598151-action-alert-vote-no-sanders-amendment-s-a-4319-to-pass-h-r-4213-a.html)





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  • engineer
    06-12 08:18 PM
    http://www.chowk.com/show_article.cgi?aid=00008032&channel=civic%20center.

    note: I wrote to editors at chowk.com to add in foot note that is press release from Immigrationvoice.com.

    Please go there and interact to get more people aware of this issue.
    Chowk is read by many Southeast Asian people....

    For those who don't know Chowk.com here is an excerpt from their website:

    "Chowk's Success
    Ideas (the written word). Identities (the members). Interactions (the discussion). Over 3500 published articles, 20,000 registered members, 300,000 moderated discussions, and innumerable forum style impromptu responses. "



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  • stldude
    07-24 11:53 AM
    I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..





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  • ksvreg
    06-10 01:45 PM
    best bet is eb3 to eb2 conversion in addition to advocacy efforts?



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  • rajuseattle
    07-14 08:23 PM
    ajthakur,

    dont worry about LUD on 07/13, that was a generic update.

    My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.

    I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.

    Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.

    Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.

    dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.





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  • gcma08
    06-10 11:24 PM
    We received the 485 approval notices sent emails today



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  • anilsal
    12-10 09:48 AM
    A movement of 15 days in EB3-I is a good movement. Big movement in EB3 without law change is not possible.

    You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.





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  • WeldonSprings
    08-27 12:06 PM
    As per this link and comments by the Director of USCIS-

    http://immigrationvoice.org/forum/showthread.php?t=21175


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.



    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.


    I posted June number at
    http://immigrationvoice.org/forum/showpost.php?p=273472&postcount=64

    July numbers are still awaited.



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  • retrohatao
    01-26 03:04 PM
    I find FBI security clearnce has been one of the hot issues which is causing many lime me to wait even though our cases are curent. I lost the opportunity some time back, got hit by the retrogression, still waiting for the FBI clearnace. Appreciate if it can be added as one of the hot issues.





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  • ronhira
    04-09 05:29 PM
    You don't like members blaming CIS, could have said in one line

    i don't..... becoz i' not in sarah palin brigade of mindless freaks who have to find someone to blame others for the sake of it..... we live in a complicated world..... just becoz we applied with uscis..... & just becoz they've to approve applications..... it doesn't mean
    backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....

    y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....





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  • ak27
    01-03 11:35 AM
    Hello Everyone,
    Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.

    NJ chapter must be largest... Let us make it..

    Thank you..





    sri1309
    09-10 06:01 PM
    Its time to ask for our share.
    Our strong points must be anyone legally in US for 8+ years must be granted Citizenship. We have suffered the pain, now they do something to help forget that. 5 years, should be eligible for a GC.
    We must push for this. Unless you ask, why will they even bother. Doenst mean we didnt ask in the past, but we must ask what we deserve.
    8 years+, worked like a dog, behaved responsibily everywhere, have good qualifications. etc etc.. what else do you need to do. We shouldnt be paying for their lapses. We must push them and also push our employers again and again and again till we get this. US is very good in many aspects, but lagging here. Unless you highlight it, unless you say ALOUD that we are not respected here, they will not hear.. We need a campaign that none is seeing or taking any initiative in the last 3 months. I see 10s of threads talking same things..
    Core guys.. we need your help

    Sri
    $100 one time.





    admin
    03-20 06:38 PM
    Hi,
    Any new development on FBI name check process? How can one address this issue?

    We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.



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