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  • learning01
    04-25 01:56 PM
    Let's talk about how backlog has affected us or our green card process. Let's discuss, write, post here about how to ask law makers to increase visa numbers for green cards affected by retrogression. Let's ask the USCIS to revert for concurrent filing. Write about these. Write letters to editors, to law makers, to companies. Let's stay focussed. Already there is the CIR is stalled for lack of agreement between Sen. Frist and Sen. Reid.

    Let's take this PD definition discussion offline, as at present this is not a goal of IV. Am I correct?
    The priority date based on the person first entering the US on H1B visa, or converting to a H1 status from any other visa status in the US is an excellent one.

    This eliminates all the issues that H1Bs face today when applying for a GC. Employer portability, Visa retrogression etc ( and not to mention employer manipulation of H1Bs workers in delaying to file GCs ) are applied in fairness to everyone. This takes the fear out of H1B workers to change jobs at will without regard to negative impact on their pending GC applications..

    Way to go.. Why can't IV propose to add this one liner to any of the impending amendments or find another lawmaker to support this which can alleviate most issues faced by H1Bs today.




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  • amitjoey
    05-06 03:54 PM
    Please help us help ourselves. If we do not mount pressure, we will have ourselves to blame for the next 10 years.
    Please call all TIER 1 senators first.




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  • desi485
    11-14 06:09 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisionsI hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Chandu, also see this link about cancellation of employment authorisation.

    http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a3791be48df2a5191102c84123773141&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.3&idno=8

    � 274a.14 Termination of employment authorization.
    (a) Automatic termination of employment authorization. (1) Employment authorization granted under �274a.12(c) of this chapter shall automatically terminate upon the occurrence of one of the following events:

    (i) The expiration date specified by the Service on the employment authorization document is reached;

    (ii) Exclusion or deportation proceedings are instituted (however, this shall not preclude the authorization of employment pursuant to �274a.12(c) of this part where appropriate); or

    (iii) The alien is granted voluntary departure.

    (2) Termination of employment authorization pursuant to this paragraph does not require the service of a notice of intent to revoke; employment authorization terminates upon the occurrence of any event enumerated in paragraph (a)(1) of this section.

    However, automatic revocation under this section does not preclude reapplication for employment authorization under �274.12(c) of this part.

    (b) Revocation of employment authorization —(1) Basis for revocation of employment authorization. Employment authorization granted under �274a.12(c) of this chapter may be revoked by the district director:

    (i) Prior to the expiration date, when it appears that any condition upon which it was granted has not been met or no longer exists, or for good cause shown; or

    (ii) Upon a showing that the information contained in the application is not true and correct.

    (2) Notice of intent to revoke employment authorization. When a district director determines that employment authorization should be revoked prior to the expiration date specified by the Service, he or she shall serve written notice of intent to revoke the employment authorization. The notice will cite the reasons indicating that revocation is warranted. The alien will be granted a period of fifteen days from the date of service of the notice within which to submit countervailing evidence. The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization.

    (c) Automatic termination of temporary employment authorization granted prior to June 1, 1987. (1) Temporary employment authorization granted prior to June 1, 1987, pursuant to 8 CFR 274a.12(c) (�109.1(b) contained in the 8 CFR edition revised as of January 1, 1987), shall automatically terminate on the date specified by the Service on the document issued to the alien, or on December 31, 1996, whichever is earlier. Automatic termination of temporary employment authorization does not preclude a subsequent application for temporary employment authorization.

    (2) A document issued by the Service prior to June 1, 1987, that authorized temporary employment authorization for any period beyond December 31, 1996, is null and void pursuant to paragraph (c)(1) of this section. The alien shall be issued a new employment authorization document upon application to the Service if the alien is eligible for temporary employment authorization pursuant to 274A.12(c).

    (3) No notice of intent to revoke is necessary for the automatic termination of temporary employment authorization pursuant to this part.

    [52 FR 16221, May 1, 1987, as amended at 53 FR 8614, Mar. 16, 1988; 53 FR 20087, June 1, 1988; 61 FR 46537, Sept. 4, 1996]




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  • Gurpreet
    07-20 02:24 PM
    There are so many unknowns.. that I don't think we can really estimate the EAD process timeline.
    For instance, lets consider we all get our initial EADs (in whatever time estimation one can make with the little information one have), I believe, it will be really interesting to see how much time USCIS takes to renew EAD's. Currently it has to be renewed yearly.

    They would definitely have to either increase work force or increase grant EAD renewal's of 3 years in order to cope up with the number of applications.

    I hope they would have decided all of this before accepting all AOS applications otherwise they would have to do alot of leg work.

    We will see in future what they have in store for us.



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  • hebron
    10-29 08:56 AM
    Hi Hebron,

    I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.

    Best of Luck to you.

    Thanks.


    Hi 9Years,

    Thanks for the information! I will consult a another attorney.

    I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
    In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.

    This could be why my attorney thinks my case is not portable with the same employer.




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  • I_need_GC
    02-19 10:51 AM
    Today I got my first soft LUD on my case. Last week I got a letter from USCIS that they had approved to expedite my case. I would rather have seen the AP but the waiting game continues. :eek:



    Yesterday I went to the Local INS office after making an infopass appointment. Requested the IO to expedite my AP he looked at current processing dates for Nebraska Center Aug 15 I applied on July 20 INS process date on receipt notice August 25. He told me they would start looking at my case soon. I mentioned to him I need it expedited he asked why I showed him a letter from employer that I needed to travel outside us he said its not life death emergency. I insisted that if i didn't go I would get fired lose my job, he wait let me check with manager after 20 minutes he came back and said his manager agrees to process as emergency. He took all my original supporting documents and told me he was going to fax them to Nebraska center and also email to them. I mentioned to him that I have to leave by Feb 11 again he went to his manager and he said thats the best I can do. He took my phone number. I have not heard for INS no LUD on my case yet. If i don't leave by feb 17 kiss my job good bye. Anything else you guys recommend i can do. I also faxed the Nebraska center a request expedite still haven't hear or seen anything. :(

    Your inputs are welcomes.



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  • desi3933
    08-04 04:07 PM
    What is wrong with bonded to 1 job type ? You file AC21 but job type should be similar. You cannot become a company's Vice president if your labor was for Programmer, why are you picking on things ?

    If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.

    BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.


    The guy sitting next to my cubicle is here more than 7 years, he's waiting for his 140, he's stuck with my employer while he wants to move since he has a 3 years degree than a masters, He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current ?
    If it doesn't apply on you doesn't mean these are not facts...

    I wish that he (guy in next cubicle) gets I-140 approved soon.

    >> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?

    If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.

    I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.

    The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.




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  • immigrationmatters30
    07-11 02:52 PM
    What do you guys think would be happen in SEP ? do you guys expect any forward movement.I still have not filed my I-485(yep, one of those unlucky ones who missed the boat).My PD is Aug-2007.



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  • rpchalasani
    06-04 11:09 AM
    I Contributed $ 100.00 Now.
    Receipt # 4674-1281-7879-3812

    Thanks,




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  • lonedesi
    08-11 12:56 PM
    Hi All
    I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?

    Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.



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  • ns521
    12-27 06:01 AM
    I wish you guys to mention the center you applied to because processing times are different...




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  • addsf345
    12-02 07:54 PM
    There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.

    Good news concerning AOS denials based on I-140 revocations
    (http://www.immigration-information.com/forums/showthread.php?p=25832)



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  • ItIsNotFunny
    10-21 03:01 PM
    I have already sent the emails and will be sending the letters Tomorrow.

    GO I/WE GO.

    Need more people sending emails. This is really a very slow pace (and on contrary the same people don't like USCIS for being slow).

    Send emails now.




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  • pappu
    03-12 10:43 AM
    IV has started a donor Forum for contributing members.

    http://immigrationvoice.org/forum/forumdisplay.php?f=109

    Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.

    If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.

    From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.

    If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.

    Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.

    Thank you for your continued support



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  • SkilledWorker4GC
    07-15 04:48 PM
    Total So far 1435.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.

    WAKE UP GUYS




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  • pappu
    08-09 10:30 AM
    I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. T
    JH

    Thanks. I sent you a PM regarding this.



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  • YesGC_NoGC
    02-12 12:11 PM
    PD Dec 2004 from DBEC




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  • vinzak
    12-10 04:09 PM
    Source:
    Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.


    Does this mean that spill over is not "quarterly" as we've been discussing, but rather at the discretion of DOS as to when they will spill over?

    While the added text as explanation in the bulletin is appreciated, it really doesn't clarify anything for me, so somebody please explain!!!




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  • ameryki
    01-20 08:44 PM
    But I don't have 4 weeks. I have to travel on january 29th.
    Another thing is do I need to show on departure do I need to show the AP Approval. If I don't then if I leave US and my friend mail it to my place abroad is that ok as my USCIS online application status check system shows my I-131 approved on January 8 and mailed.


    I am not a lawyer...but I have read in threads here that people have had their friends or family mail them the AP approval prior to coming back and had no problems getting in. I think this will be your best option.




    andy garcia
    10-01 10:23 AM
    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.

    Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.

    Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.

    Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.

    The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345

    Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf)

    Macaca;

    Here is where the confusion lies with respect to unused, wasted, etc.

    The Immigration Act of 1990 (P.L. 101-649) restructured the immigrant categories of admission and made other modifications to the Immigration and Nationality Act.
    The 1990 Act divided the preference classes into two general categories: family-sponsored(FS) and
    employment-based(EB). Limits on the number of visas issued in these two categories are determined annually.
    FS limits�The worldwide level for FS preferences is calculated as:
    480,000 minus the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as

    immediate relatives of U.S.citizens
    children born subsequent to the issuance of a visa to an accompanying parent
    children born abroad to lawful permanent residents on temporary trips abroad

    plus unused EB preferences in the previous fiscal year.
    The 1990 Act specifies that the family-sponsored limit may not go below a minimum of 226,000 in any year.

    EB limits�The 1990 Act specifies that the worldwide limit on EB preference immigrants is equal to 140,000 plus unused FS-preference visas in the previous year.




    ragz4u
    03-08 10:40 AM
    Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated

    Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year

    Will keep on updating as and when I hear things

    No visa cap for nurses/physical therapist esp for India, China and Phillipines

    Apparently the quorum is not present at the committee to vote on the amendments, but senator Specter is stating whether he will support the amendment or not.

    Senator Specter supports Brownback amendment for extending J1 visa.

    Senator Leahy agrees with senator Brownback.

    Recess until 2.00 pm. Senator Specter says that if enough senators do not arrive by 2.00, most amendments will be decided today. Else the amendments will have to come on the senate floor.



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