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  • ItIsNotFunny
    10-21 04:41 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.


    I understand what you say but interpretation differs from IO to IO. It still goes to chances....




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  • hpandey
    06-12 04:23 PM
    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time :(

    What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.




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  • chisinau
    08-05 04:17 PM
    hi! i am a physical therapist on h1b...all this news abt retrogression is too scary...i had a few qs:
    what is the scenario for someone like me who would file I-140 in the next couple of months?
    what are the chances of Schedule A being alloted additional visa numbers in the next 2 years?
    how much wait time would be expected under EB 3 category for India for someone whose priority date wud b oct or nov'07???
    thanks

    Hi!
    I'm RN outside the US:cool:

    I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:

    Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!

    My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:

    http://hammondlawgroup.blogspot.com/
    http://shusterman.com/toc-ahp.html
    http://shusterman.com/toc-rn.html
    http://immigrationvoice.org/forum/showthread.php?t=4817




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  • akhilmahajan
    10-22 11:32 AM
    Dear Sir:



    Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS). CISOMB is an independent office that assists individuals and employers in resolving problems with the U.S. Citizenship and Immigration Services (USCIS). The new CIS Ombudsman is Mr. Michael Dougherty.



    Please understand that our office does not adjudicate petitions and/or applications for immigration benefits, but instead, where appropriate, we act as a liaison with USCIS to facilitate review of troubled or long pending case matters.



    As you claim that you are experiencing problems with a pending USCIS immigration filing, we kindly request that you complete and submit a Form DHS-7001, CIS Ombudsman Case Problem Submission to us. A copy of the DHS-7001 is attached: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. At this time, case problems may not be submitted through facsimile or email due to confidentiality and Privacy Act issues, so we request that you please mail the completed and signed form, with relevant supporting documentation, to the following address:



    Via Regular Mail:

    Citizenship and Immigration Services Ombudsman Department of Homeland Security

    Attention: Case Problems

    Mail Stop 1225

    Washington, D.C. 20528-1225



    Via Courier Service:

    Citizenship and Immigration Services Ombudsman Department of Homeland Security

    Attention: Case Problems

    245 Murray Lane

    Mail Stop 1225

    Washington, D.C. 20528-1225



    Do allow 14 business days for our receipt of your form as our mail goes through a biological agent screening. Once we receive it, we will send you postal mail of receipt confirming same, and we will initiate review of your case problem. For further information, please consult this website: http://www.dhs.gov/cisombudsman.



    Very truly yours,



    CIS Ombudsman



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  • dhesha
    02-18 05:58 PM
    Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?

    U will get ur GC at 06/06/2010 10:23:22:11:10:09 PM PST




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  • swissgear
    08-23 03:03 PM
    It is not the right thing -- from your perspective, because you can't take advantage of it. From the USA point of view multinational executives can potentially create jobs and that's why they must be allowed
    You may call it "loophole", based on your understanding of it. However the reality may be different and larger than what you see. So don't axe the branch you are sitting on!

    My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.

    And to make things more clear, I didn't quit the job just because I wasn't getting a chance to file in EB1, its because you are expected to work 24/7, Yes I mean 24/7 having to take calls midnight, logging and working from home in odd hours, any day time with offshore, onshore, clients and paid like 65k. Life sucked and I couldn't take it any more and had to leave..

    I'll stop and leave it here....



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  • badluck
    07-24 02:33 PM
    Are you talking about emplyment based or family based.. may be your wife sponsord you.. please clear.




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  • FinalGC
    01-03 02:44 PM
    When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.

    I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.

    With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....

    GC is out there for all of us...keep the hope alive...



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  • abhijitrajan
    06-22 12:07 PM
    Do you know if you got an audit? Any idea about how they decide to do audits?

    I don't think my case has been picked up for audit, at least not so far. I don't know the criteria for audit. Just hoping the next application they pull from the pile is mine.




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  • JunRN
    09-13 10:44 AM
    I believe that for Schedule A Professionals like nurses and PTs, the only solution is the bridge amendment to make it faster. They are now using EB3, which means competing against hundreds of thousands of Engineers. With the latest bulletin, it seems the wait is five to six years...wow! that was long! But I think that is not the true picture. By mid of the 2008 fiscal year, we will see the real picture so hang on. The wait could be in reality 3 years.



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  • sukhwinderd
    09-02 01:00 PM
    thats when i came here. filed first one in 2001. layoff.
    second one in 2005 (eb3) still waiting. there are about 40k
    people ahead of me. so about 14 years of wait assuming
    3k EB3 GCs for india per year.

    by that my daughter will be old enough to file my family based GC
    and i might get that sooner than my EB3 GC ;-)




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  • GCBy3000
    07-06 05:23 PM
    I am not seeing this in mathew Oh site. Where did you get this from?

    From OH mathew

    --------------------------------------------------------------------------------

    07/06/2007: Revised July 2007 Visa Bulletin

    The State Department has just released new July 2007 Visa Bulletin rather than "Update." It appears that this is intended to make it official July 2007 Visa Bulletin rather than previous release which was "update" in anticipation of the ALF class action lawsuit. One of the claims which have been addressed by various sources, INCLUDING THIS WEBSITE, was whether "update" can be considered a revised Visa Bulletin for the purpose of the regulations of DOS and USCIS. If it is not, the USCIS would have no authority to reject the I-485 applications in July.
    There is still confusion as to which one is considered July Visa Bulletin which is provided in the DOS and USCIS regulations as they have released three versions: (1) Visa Bulletin released in June; (2) Update of July Visa Bulletin; and (3) July Visa Bulletin which has just been released today. This can affect the definition of "class" of the class action and latter two releases can fall under the two different classes. I wonder why the DOS is adding further confusion to the nation which is already in a state of extreme confusion and in despair because of their previous action.

    http://www.immigration-law.com/



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  • Buran
    10-13 11:25 AM
    For FY2006 (Oct 1st, 2005 - Sep 30, 2006) a total of 30,512 Schedule "A" visas were used.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table07d.xls

    Schedule "A" was current from June 1, 2005 till October 31, 2006
    According to DHS statistics 5,125 schedule "A" visas were used in FY2005 (June 1st, 2005 - Sep 30, 2006).

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2005/table07.xls

    So, from June 1, 2005 till September 30, 2006 only 36,367 Schedule "A" visas were used.

    Now if 50,000 were available under schedule "A" what happen to 50,000-36,367=14,363 visas? I doubt very much that so many petitions were filed in October 2006 - the last month when this category was current and for new applicants the only option was AOS, even considering the fact that consulates conducted interviews in October, 2006 and November, 2006 they could not use 14,363 visas! Especially considering the fact that not all applications got approved (because of the Visacreen, etc).




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  • srini1976
    07-11 09:44 AM
    Congrats to all the IV EB2 members who will benefit from the Aug Visa Bulletin. I am so happy for them.

    Will it move beyond June 2006 for EB2 India in September 2008 Bulletin?



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  • gsc999
    07-20 02:44 PM
    Guys, don't be disappointed about the Cornyn amendment failing! Here's why:
    Therefore, even people like Clinton voted no, because if the Cornyn amendment had passed it would have denied them the visibility and publicity that a well-organized and publicized bill would generate. Clinton has spoken in our favor before, and I think that she voted nay now in order to later be part of a more visible (and politically-rewarding) solution for us.


    Jamie: IVers agree with latter part of your message that we need to make IV strong.

    Many IVers still wrongly believe that Hillary, Obama or Democrats are supportes of our cause. Let us get over this misconception as soon as possible to avoid any future disappointments. Also, please do let us know when Hilllary spoke in our support? I must have missed that. If you can't find that link, most probably its because it never happened. During the recent grand bargain bill her only proposed amendment was for family unification visas, if I remember correctly.

    Where is Robinder and his USINPAC now? Look at this link below:
    http://www.usinpac.com/

    Smiling pics of Hillary and other political figure and millions of dollars in campaign donation. Result, no vote on SKIL bill.




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  • JunRN
    09-28 07:23 PM
    They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.

    Maybe we can volunteer to adjudicate each of our own case...lol!



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  • amit_sp
    03-05 03:33 PM
    I also received RFE for my application. I am EB3-India with PD of Oct 2003. The RFE was about missing signatures on 2 forms (though I could see my signature there; I just re-signed those) and missing I-94s.




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  • Lacris
    08-17 09:07 PM
    Hi,

    Did anyone get a SSN with their passport expired?
    My passport expired in April and the Romanian embassy doesn't renew passports for people who are not US permanent residents or citizens. What I could do was to make a letter of representation for someone in my country, get it certified at one of the Romanian consulates and send all the ORIGINAL documents thru mail in Romania. Since I'm a full time graduate student, even finding time to go to the nearest consulate was almost impossible. I was also worried that we might be asked to show up for an interview and would not have documents like passport or marriage certificate in hand. I talked to the lawyer and she said that if I don't plan to travel abroad, not having a valid passport is ok.

    Yesterday I got the plastic card and today I went to apply for a SSN. The lady I talked to refused to take my application, saying that my Romanian passport is considered an "immigration document" and until I have an unexpired one, I should not try to get a SSN. Call me crazy, but since I am a permanent resident doesn't it mean I don't have to leave USA unless I want to???? And even more, how can a document issued by a foreign country be an immigration document, since I'm not applying for SSN based on a visa stamped in that passport.

    If anyone went thru the same situation or has some advice for me, please answer.
    Thank you




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  • rb_248
    06-10 08:13 AM
    Atleast EB2 is not moving back. I hope EB2 moves forward begining this October.

    EB3 guys - Hope it dosen't nove back from where it was last month come October for you all.




    Wendy
    07-25 10:55 AM
    My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.




    reddysn
    06-04 02:12 PM
    Veni

    I guess you are also speculating .. When people read the notes from aila (point 4) ,people do speculate till it becomes or does not become law.
    http://www.aila.org/content/default.aspx?docid=22481


    It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
    Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:



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