Tuesday, July 19, 2011

angeles del infierno

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  • amitjoey
    07-05 01:44 PM
    Order Details - Jul 5, 2007 11:09 AM PDT
    Google Order #448537035986231 Print

    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00

    Total: $100.00

    Thanks waiting4gc.

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  • mbawa2574
    02-15 04:59 PM
    Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.

    US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:

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  • raj2007
    12-20 08:33 PM
    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.

    You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.

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  • rexjamla
    03-07 08:49 AM
    There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.

    Job title can be different but job duties must be similar.

    Salary difference is ok but it should not be less than what is mentioned in labor certification.

    In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).



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  • newbie09
    08-05 07:57 PM
    Need help!!!

    I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
    My question is:

    1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?

    2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?

    Basically I don't want to be out of status or do anything against visa rules.
    Please guide me on this situation.

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  • hpandey
    06-10 12:46 PM
    I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:


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  • yabadaba
    08-21 02:32 PM
    luvschocolates: not sure what you are looking for from an employment based immigration site?

    You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.

    Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.

    By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.

    In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.

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  • perm2gc
    01-10 06:21 PM


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  • dilber
    04-29 04:32 PM
    I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.

    Good luck to everyone else!

    May be you scared the USCIS with your phone calls and they just wanted you out of their systems. So that you don't rally other people and then they might have to really become efficient.:cool:

    BTW really happy for you... enjoy:o

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  • ski_dude12
    03-09 02:23 PM
    No change for EB2-I.


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  • uma001
    07-28 08:32 PM

    Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).

    Company1: Deloitte
    Company2: Chase

    These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
    Also, you can list the companies you know whoever promised, but did not file.

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  • HV000
    03-19 01:26 PM
    My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO

    Wouldn't they atleast get pre-adjudicated if NOT approved??


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  • apb
    08-16 01:04 PM
    Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.

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  • TeddyKoochu
    09-10 01:45 PM
    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.

    I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.

    I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.


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  • Indirant
    01-21 02:52 PM
    Hi Guys
    I think we should also highlight the investment made by H1B holders in Housing , stock market etc .

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  • go_gc_way
    01-02 11:33 PM
    Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks

    sbabunle, It's at the start of this thread. Please grab it.


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  • deafTunes123
    02-21 01:12 PM
    As per my Lawyer, You can file I-140 under both Eb2 and EB3(Porting PD from EB3 to EB2 or vice-versa). which ever the Date becomes current, you can ask the IO to use that particular category.

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  • Macaca
    09-19 09:33 AM
    The placards were heavy. My shoulders hurt and I workout 4 days/week.

    Workout with a physical trainer specially trained in carrying placards before the rally!

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  • amitps
    09-26 11:52 AM
    Eilene Zimmerman
    freelance journalist
    v and f: 619.582.2192

    07-04 08:56 PM
    Excellent analysis but it does have flaws

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS

    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.

    03-07 08:59 AM

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