Friday, June 10, 2011

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  • webm
    07-14 11:12 AM
    Thanks for your encouragement!! vdlrao..:)




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  • Bhadwaj
    10-07 04:35 PM
    Hi,

    Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.

    My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).

    Given all this, I have following questions.
    a). Are there any risks associated with filing AP.
    b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
    c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?

    Appreciate any help/pointers on this.

    Thanks




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  • mirage
    06-30 04:53 PM
    I think they have different rules(for themselves) for AP and EAD. As my AP was approved for from the date of expiry....That's ridiculous. Forget abt the 2 year EAD that you didn't get, you also lost 3 months? They probably hired some part time workers for last weekend who might have screwed up. I did some research before and am pretty sure they started issuing documents with a start after expiry of the first one a long time ago. Even on our AP's which were approved, the start date was september 2008. I got them mid -may..




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  • eb3_nepa
    07-05 10:31 AM
    I called USCIS and she said based on the information she got from his authorities, she said all the 485 application packets will be rejected with a note saying that , please apply after oct 1st if your PD is current.

    I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.

    I think all the customer service agents are aware of the issue and got informed what to answer for our questions.


    I BEG to differ. I called USCIS today morning and the rep told me VERY CLEARLY that ANY application received on July 2 will be ACCEPTED as July 2 is the cutoff.

    A few min later my spouse called and they told her, Everything would be rejected.

    USCIS customer service center, currently cant differentiate their A** from a hole in the ground!!



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  • gccovet
    07-03 06:38 AM
    The document mailed is your APPROVED AP.

    Congrats!!

    Thanks , I appreciate your reply.

    I am more concern about the text, In one message says: Approval notice sent, in the other application, which is as follows, says Document mailed to applicant, (Status does not say, "APPROVED")



    Receipt Number: SRCXXXXXXXXXXXX

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.
    On July 1, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.




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  • rennieallen
    09-29 06:36 PM
    then why are visas about to be wasted yet again this year?
    after...they said all numbers were exhausted on July 2?


    Because of NC what else?


    i think it's not quite that simple.
    there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.


    Sigh... it's never simple...

    That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).

    OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).

    Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.

    Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.

    Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).

    So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).

    Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.

    Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).

    So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.

    So why not let people apply before their PD is current then?

    The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).

    So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.

    I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).

    If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...

    Like I said... it is never simple...

    Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).

    Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...


    my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!


    In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...


    uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.

    just my 2c.


    I am certainly not asking you to defend them.

    This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.

    I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).



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  • pcs
    07-06 09:02 AM
    I had FREE company attorney but decided to file 485 etc. myself & it was so much better. You can easily do 140-485 etc yourself. Call me & I will tell you.

    If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.

    It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV

    Best wishes




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  • GCard_Dream
    03-21 02:48 PM
    ... but only after they have issued a greencard to each one of us. :D

    I propose to dissolve USCIS. No matter what USCIS failed in all respects of appeasing

    1. Indians
    2. Chinese
    3. Mexicans
    4. ROW
    5. Philippines
    6. EB1
    7. EB2 - NOW
    8. EB2
    9. EB3
    10. EB4
    11. EB5



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  • meridiani.planum
    09-12 02:45 PM
    if Obama wins:
    + its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
    - his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
    - FB immigration will be put in preference over EB, we are screwed.

    if McSame wins:
    + my taxes remain low
    - CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
    - if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?

    Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.




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  • sam2006
    09-23 10:22 AM
    thank you for all the efforts Franklin



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  • indyanguy
    10-05 07:26 PM
    any help with my queries is really appreciated.. :confused:

    A very surprising thing happened in our company today. Shocking it may seem, they laid off 5 employees in my department today without any notice. Today's happenings makes me want to gather as much info as possible in case something unexpected might happen.

    I am a July 2nd filer of 140/485 concurrently. No I140 approval yet. Received AP and EAD for both me and my wife.

    If I request my employer not to revoke I140, will I be able to use my EAD for my next job?

    Can someone give suggestions on what other options I have if something terrible happens to me?

    Thanks




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  • snathan
    01-13 02:59 PM
    I believe we are wasting our energy here. Quarterly spill over is already a law and we need to make DOS/USCIS to implement it. If we have some many people are ready to sue USCIS on country quota issue, why dont we use that energy on the low hanging fruit...

    You may argue that only EB2 will benefit...but once EB2 become current, its going to spill over to EB3.



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  • papyros
    08-09 03:16 AM
    Hi All,

    Andrew Dutton - 917-536-5940, immigration_counselor@yahoo.com is my attorney for green card. I had also used him before for H1B renewal, PERM & I-140 substitution with DOL (while case was pending with Backlog Center). He is very professional, humble, and always answers phone calls & email messages immediately. He is also very very affordable (shall I say inexpensive - see the amounts he charged me for H1B, green card processing etc below).

    I was one of the unfortunate ones who got scammed my Earl David Associates (New York Law Firm) - now renamed to Jed David Philwin Associates. I know how bad law firms can be - they did not file my LC in 2003 but kept on telling me that they did - ONLY a year after in 2004 they promised me they had already done so. Needless to say how much pain suffering this caused me.

    I used Andrew for my H1B + wife's H4 renewal - total attorney fees - $550. No extra fees for filing documents for family members.
    Then, I used him for EB2 PERM, I-140, I-485/EAD/AP (for myself & my wife) - total attorney fees - $1600. No extra fees for filing documents for family members.

    I had an existing LC approved from Backlog Center - he filed I-140 for just $100-$150 attorney fees - stating that since he had already filed a previous I-140 for me - he just needs to modify some minor details on the I-140 & file it.

    He filed my I-485 over the weekend so it reached USCIS on Monday July 2 - who knows I may be one of the lucky ones when July visa bulletin fiasco is resolved.


    Regarding, Philwin associates they're big time scammers...they've taken from me $5000 without giving me not even a receipt or send me the retainment and dissapeared specifically avoid fake lawyer Michael (MIKE) Venieris. I'm personally taking them to court so spread the word. Does anyone know where submit a complaint for them to the IRS and the lawyers association? However, SPREAD THE WORD so at least to take them out of the market!!




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  • Caliber
    05-20 08:51 AM
    Dear All,

    Let us strive to achieve 50,000.00 contributions for this event.

    Just today I have paid 915.00 for Advance Parole for 3 of my family members. Thanks to IV, otherwise, I would have paid another $1020.00 for EAD every year. Now I pay only every second year for EAD.

    Request your friends too to contribute. Please help yourself.



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  • malibuguy007
    04-26 01:18 AM
    I just emailed 8 friends asking for contributions and sent them the link to this thread. Let us try and get 2 extra people along with each one of us.




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  • DoubleN
    03-10 04:19 PM
    My friend told by attorney that grace period is 270 days after H1B cancelled by employer. he can find the another employer / job during that period.

    Not sure!! but cross check with USCIS



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  • abhaykul
    02-13 12:26 PM
    We have failed again and again in getting our provisions through. ( every body knows why) I would recommend, core team to explore if we can tag our efforts with Schedule A sponsors to increase our chances of success.




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  • uma001
    08-08 10:22 PM
    Hello PAL

    I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
    body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.

    One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.

    I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
    Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?




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  • gk_2000
    03-28 08:33 PM
    Now Tony, unless you are lacking in any confidence, you wouldn't be acting out like a big baby here. Now shut the trap up and learn to ignore the irrelevant bickerings.

    Also stop siding with this MC guy as he seems to be no good.




    Michael chertoff
    03-25 01:04 PM
    Here is news for you. It will not happen. People with ported PDs will take priority as their dates are in 2002, 2002, 2003, 2004, 2005...

    This year spillover will be used by porters. So hold off on your celebration and wait like everyone else.

    Agreed 100% Porters will eat everything, there will be no movement.




    food2006
    06-13 08:31 PM
    Thank you everybody for their all hardwork.



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