Saturday, June 25, 2011

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  • chanduv23
    07-01 11:58 AM
    fyi
    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

    Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.

    Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.

    Looks like lot of politics and blame game among agencies.

    I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....





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  • go_guy123
    03-09 06:42 PM
    I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.

    I also came in 1999. Why did you apply for Australian Immigration ? Australia is notorious for changing goalpost every now and then. Also if your Engineering Bachelors degree is outside the washington & sydney accord (mainly western countries....implicit filter to allow western countries), then chances are very low.
    Canada immigration made more sense for you compared to Australia.





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  • madhu_online1
    03-22 06:58 PM
    Guys,
    I can donate 25000 airline miles to replace the cost of one ticket and make it simple for someone to buy a ticket.

    Madhu





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  • sanjay
    04-09 03:35 PM
    No change. Wohi purani kahaani. Old wine in new bottle.

    Would start looking for June now. But, won't expect any thing good until August 2010.



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  • WAIT_FOR_EVER_GC
    06-10 12:50 PM
    WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES

    On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.

    We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.

    We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.

    IV is working on defeating this amendment. Please stay tuned for further updates.

    On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213

    AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
    TEXT OF AMENDMENT AS SUBMITTED: CR S4754
    COSPONSORS(2):
    Sen Grassley, Chuck [IA] - 6/9/2010
    Sen Harkin, Tom [IA] - 6/9/2010

    Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)

    SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. CERTIFICATION REQUIREMENT.

    (a) Short Title.--This section may be cited as the ``Employ America Act''.

    (b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--

    (1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and

    (2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.

    (c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.

    (d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--

    (1) the date on which such individual will no longer be authorized to work in the United States; and

    (2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.

    (e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).

    (f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).

    What should we do. I am in tell me what I need to do?





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  • EB2_Jun03_dude
    04-25 10:49 AM
    Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.

    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...



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  • abracadabra102
    08-29 04:54 PM
    "Reliable desi consulting company" is an oxymoron :D





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  • greyhair
    02-09 03:42 PM
    And reply you will never get.

    I'm not holding my breath any more.



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  • GCOP
    07-11 01:26 PM
    Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
    The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....





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  • ewana
    08-26 12:11 AM
    Thanks willigetagc and sayantan76 for your reply.

    According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

    willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

    H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

    Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

    Thanks a lot for all your help. greatly appreciate it.



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  • sidbee
    05-26 06:04 PM
    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.

    Just out of curiosity.

    You were not asked to show any documents (your friend was)?
    May be because your son is a US Citizen...





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  • canleo98
    11-22 02:24 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!


    Here is your lifeline :D :) :
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf



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  • illusions
    03-18 10:32 AM
    Ron Gotcher - "I can't take credit for passing along what I heard. I do believe, however, that an analysis of the data strongly supports the conclusion that substantial additional forward movement in cutoff dates is likely between now and July.", he also goes to say that EB3 ROW will be current, by July, lets hope there is some significant movement.





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  • memyselfandus
    09-18 11:40 PM
    I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.

    This is my from of contribution.

    1. We must immediately change our name to LegalImmigrationVoice.com( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.



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  • imh1b
    11-19 10:34 AM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...

    insane!

    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over





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  • GreenCard4US
    06-10 06:24 PM
    For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.

    Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.

    Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .



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  • DSLStart
    09-10 02:33 PM
    curretnly debating on HR6020 about illegal immigrants.





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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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  • alisa
    01-18 10:10 PM
    just sent it to you
    wasn't sure i could put a file here

    The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

    Please add more facts, figures, numbers.

    There are around 147,000 employment based Visa number available every year.
    Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
    Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
    This 1470 will be divided between EB1, EB2 and EB3 category
    That means every category will get 490 Visa Number.
    USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
    Total GC application pending with USCIS is around 1MM.
    In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.





    Macaca
    09-26 11:06 AM
    The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.

    Say rally was organized by IV.
    Put link to IV so they can check IV agenda.
    Put link to Washington Post/NY Times article that correctly reported the rally.





    girijas
    09-10 11:01 AM
    There were discussing the first bill - something about horses.
    They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)



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