Friday, July 1, 2011

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  • va_il
    12-27 01:53 PM
    Munna Bhai
    I talked to Atty Murthy's office about the same issue. They said that
    they had couple of experience where I140 revoked. But USCIS honored
    the original PD. But atty says that its kinda grey area. They could insist
    that if I140 is revoked, new PD could be your change of employement date.
    It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.

    good luck
    babu

    Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?





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  • gc28262
    04-11 02:07 PM
    And you inferred this from EB3 Mexico becoming Unavailable in month of May.

    This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.

    As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).





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  • tonyHK12
    02-17 09:57 AM
    Newsletters - will help reach out to wider public. The desi groceries, movie distributors, restaurants send emails and coupons, toysrus, best buy , etc... send emails, coupons, so many organizations do it and I think IV must do it to.

    This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.





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  • shreekarthik
    08-02 02:01 PM
    you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"



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  • MDix
    03-10 02:22 PM
    If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.

    This is turning out to be TRUE.

    Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.


    I am expecting lot of REDs on this one.

    Thanks,
    MDix





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  • unseenguy
    05-26 11:05 PM
    Just carry a copy of I-94 or EAD with you all the time. Just keep it stapled to your insurance or in your wallet and forget about it.



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  • needhelp!
    09-26 12:07 PM
    I see the updated text. Good job IV folks!

    But it does seem out of place because the whole article is about H1..





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  • uma001
    03-21 01:26 PM
    I replied to your message. Pls check it.



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  • vin13
    02-12 09:11 AM
    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.



    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.

    How difficult is it for you to understand. I did not advice. I just said this is the info...
    I was not judging anyone. I do not claim to know all the numbers. So i just put it out there for someone to look and evaluate. Now many are saying based on the numbers, there was no spillover wasted. That is fine.





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  • Ramba
    07-14 06:01 PM
    Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.


    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate



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  • geniousatwork
    06-11 08:50 AM
    done....me and my wife did it





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  • chennaikar
    03-31 12:20 PM
    In the USCIS Ombudsman Report In the USCIS Ombudsman Report http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
    On page 52 it mentions
    "
    The Grand Total of Employment Preference Numbers Available for Recapture is shown as 218,759 (not 268,759), since it reflects subtraction of 50,000 numbers already recaptured from FY 01 through FY 04.
    "

    Also there is a break up of per year unused visa numbers from 1992 till 2006.



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  • vina92
    01-16 02:19 PM
    I just signed up for monthly $20.00 contribution.

    Vina92
    .





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  • pappu
    03-10 03:55 PM
    I challenge visitors in this forum to make atleast one fix, any small fix by sticking to the point and not beating around the bush and not getting into the shoes of others to paint the whole world problems in this.

    Just stick to one point agenda and deliver it fully..

    1. Recapture Immigrant Visas - to me too big to bite but it is the best
    2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
    3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
    4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )


    Just stick with one damn topic and deliver it. This will help IV get the required attention.

    Need an example, look at FOIA thread, In four days we had people pledging almost 8K.

    We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.

    I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.



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  • vin13
    02-11 06:48 PM
    There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.

    Who are you questioning???

    I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.

    We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.





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  • srikondoji
    07-20 03:11 PM
    Virald,
    What makes you start another stupid thread?
    There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.

    Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"



    I don't know, I am trying to figure that out too.



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  • andy garcia
    09-10 11:58 AM
    Many are : they jailed themsleves inside their closets

    Are you saying that whoever is happy in their job without a GC is in a closet or jail?





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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.





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  • coopheal
    04-11 04:00 PM
    This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.

    As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).

    any category of EB3 or EB2 type going unavailable in May bulletin is alarming.

    Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...

    However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...

    It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.

    so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....





    tapukakababa
    07-18 11:23 AM
    I called USCIS Nebraska SC and I spoke with the customer service guy for atleast 15 minutes. First he did a name check and didn't find it, as expected.

    Secondly, he said that if we would have returned any application, we would have entered that information against your name, so he doesn't even sees that information.

    Thirdly, he said we are accepting and processing all the applications they will be receiving going forward after July 17th.

    Fourth, they still have thousands of applications sitting with them which they received on July 2nd and before August 17th, but there has been no proper communication to them as to what needs to be done with those.

    Fifth, his guess and according to his knowledge he said that we will go ahead and start entering the information for those application also and process them which they received between July 2nd and July 17th, but when would that happen they don't know, but that's what surely would happen, so if they have your application then it will be entered and processed.

    Sixth, He said if I were you, I would call back after a week or so and check again.





    nojoke
    10-23 01:19 AM
    my detailed post went missing:mad: ...dunno why nojoke edited it out :D.

    to put it briefly, i never heard anybody hiring a ceo based on his experience of having organized the company picnic (read community organizer to prez :rolleyes:).

    u need to look a little back for ur post to appear.
    mccain is the ceo of which company? If he has been in senate for 26 years for so long without promotion that looks bad for his resume:D
    Whether you like it or not, Obama is getting elected. And you will love this video

    http://www.thedailyshow.com/video/index.jhtml?videoId=188638&title=understanding-real-america-in



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