Friday, June 10, 2011

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  • Blog Feeds
    01-09 02:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjG5yqYKO1PNUzHKerx8XQJDoAF60xezGnCOPzoyupkqs3STMrw5XXhKzxk7jKYixRmAYXqu-GjjYga4aDZC5MuC-Ng8aaTtTaZ-4A9Jez212lp1AsSuVBK_kcYsfr5qQSA9cP_MHvuUY0/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjG5yqYKO1PNUzHKerx8XQJDoAF60xezGnCOPzoyupkqs3STMrw5XXhKzxk7jKYixRmAYXqu-GjjYga4aDZC5MuC-Ng8aaTtTaZ-4A9Jez212lp1AsSuVBK_kcYsfr5qQSA9cP_MHvuUY0/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President


    Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.


    There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.


    While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.


    Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.


    Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.


    It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.


    I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.

    https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)





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  • desperatlyinwaiting
    06-15 08:53 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.





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  • raj2007
    06-23 09:31 AM
    My lawyer have said that I need to submit last year's tax return.

    USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.





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  • rameshvaid
    03-30 11:44 AM
    I will certainly update on this site once I get a final answer from US Consulate, Montreal. So for no NEWS...

    My father in law was visiting me and had a heart attack last night. He has been hospitalised at Hilcrest Hospital, Cleveland, Ohio and is scheduled to go back on 4/19/08.

    Will a letter from the Hospital will be helpfull or might have a negative impact in my case. They may think this is a fabricated story. Some of my friends are taking care of him but there is no other immidiate family memeber with him accept me and my MIL is also all alone at home.

    Any Suggestions/thoughts??

    Ramesh Vaid



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  • Leo07
    07-07 08:23 PM
    I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).

    What's the damage caused to your effort?( apart from deleting threads )
    I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.

    mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?

    I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.

    Cheers!


    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team





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  • Kumbakonam
    11-09 09:11 PM
    Hello,

    My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.



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  • Rb_newsletter
    01-07 04:19 PM
    Try changing thread topic. That would attract people to read your posting.





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  • nikolainikitin
    12-06 04:44 PM
    Hello, Dear Colleagues.
    Sorry that is not quite in the topic copyright immigrationvoice.org appeal,
    want to open a long blog or forum about pneumatic weapons (http://www.pnevmatika.su/), but never with the board software and the blog can not define.
    Need engine because of the blog and forum with the normal protection against spam, and then my friend found a forum filled with spam, and its already after 2 weeks.
    And you are a software engine for immigrationvoice.org use? Which script forums and blogs I choose to open a forum about air guns?
    I'll be glad to any advice, thanks in advance.



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  • gconmymind
    04-09 03:30 PM
    My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
    I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
    I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
    Has anyone withdrawn their H1B visa stamping application before ?
    Appreciate any information on this.

    will let others answer....





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  • frostrated
    10-08 11:54 AM
    Based on my experience travelling with my son couple of times, I can answer couple of questions.

    PIO card looks just like your Indian Passport, difference being color and has just 1 page.
    Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.

    While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.

    Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
    the only difference for an infant is if you are going to leave him in india for a while. with a pio you can stay for longer than 6 months.



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  • Didiusthegreat
    04-29 12:27 PM
    As I said already, Ironikart or Cybergold, one of them will be the winner... The things they've made are really cool. My computer would crash surely, when I would try to make such a things...

    However my vote goes to Cybergold. His is just a little cooler I think.. Sorry Ironikart and Senocular... I'l keep the zero :)





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  • pthoko
    06-19 12:43 PM
    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

    Thanks.



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  • veni001
    02-02 08:57 PM
    Hello,

    I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.

    Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).

    Thank you

    Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
    Good luck.;)





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  • Murthy
    05-07 08:10 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
    Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
    They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.



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  • dreamworld
    08-09 02:18 PM
    BS + 5 Years Experience == EB2

    Could we use the 5 years experience from other country? Or should It be from USA?

    Guys post a reply





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  • GotGC??
    01-20 09:11 PM
    ...of LC cases, by PD and category. Goes to show how scary the situation is without increase of visa numbers....just I-485 is a good first step, but there is a looooong way to go.

    Date NON-RIR RIR TOTAL
    Dec-97 760 54 814
    Jan-98 925 22 947
    Feb-98 29 4 33
    Mar-98 48 5 53
    Apr-98 42 1 43
    May-98 35 1 36
    Jun-98 43 3 46
    Jul-98 36 1 37
    Aug-98 36 3 39
    Sep-98 33 3 36
    Oct-98 60 3 63
    Nov-98 34 1 35
    Dec-98 34 6 40
    Jan-99 36 2 38
    Feb-99 34 3 37
    Mar-99 42 2 44
    Apr-99 42 3 45
    May-99 49 11 60
    Jun-99 38 6 44
    Jul-99 35 5 40
    Aug-99 43 8 51
    Sep-99 38 8 46
    Oct-99 68 7 75
    Nov-99 49 27 76
    Dec-99 57 25 82
    Jan-00 43 49 92
    Feb-00 44 20 64
    Mar-00 59 18 77
    Apr-00 55 33 88
    May-00 69 21 90
    Jun-00 112 19 131
    Jul-00 87 24 111
    Aug-00 67 35 102
    Sep-00 46 39 85
    Oct-00 62 48 110
    Nov-00 65 100 165
    Dec-00 65 103 168
    Jan-01 143 120 263
    Feb-01 353 266 619
    Mar-01 1018 544 1562
    Apr-01 11502 11982 23484
    May-01 180 966 1146
    Jun-01 104 1089 1193
    Jul-01 94 1213 1307
    Aug-01 107 1389 1496
    Sep-01 92 1052 1144
    Oct-01 141 1186 1327
    Nov-01 78 799 877
    Dec-01 70 809 879
    Jan-02 47 805 852
    Feb-02 48 935 983
    Mar-02 46 1352 1398
    Apr-02 84 1614 1698
    May-02 196 1942 2138
    Jun-02 73 1660 1733
    Jul-02 88 1905 1993
    Aug-02 46 1822 1868
    Sep-02 85 1836 1921
    Oct-02 92 1833 1925
    Nov-02 71 1856 1927
    Dec-02 93 2404 2497
    Jan-03 60 2202 2262
    Feb-03 70 2155 2225
    Mar-03 75 2216 2291
    Apr-03 147 2231 2378
    May-03 90 2140 2230
    Jun-03 46 2100 2146
    Jul-03 87 2207 2294
    Aug-03 129 2089 2218
    Sep-03 181 2013 2194
    Oct-03 71 1796 1867
    Nov-03 96 1065 1161
    Dec-03 130 1329 1459
    Jan-04 94 861 955
    Feb-04 118 842 960
    Mar-04 116 449 565
    Apr-04 92 388 480
    May-04 47 353 400
    Jun-04 43 283 326
    Jul-04 17 253 270
    Aug-04 13 144 157
    Sep-04 5 9 14
    TOTAL 19998 69227 89225


    Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
    I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
    No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.



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  • pappu
    12-17 03:42 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;

    Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.

    Dates were current till 2005. They were again current in between.
    So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.





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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process





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  • rangaswamy
    06-25 05:07 PM
    Went in on Friday to get the name change done. I will get it back on 9th July about 11 working days thought web site claimed 6-8 working days.
    For 16, take a copy of what ever visa you are on.. H4/H1 etc.
    Column 31 should be left blank as its a name change.

    PS use new signature below photograph for new passport. Also new name should be filled in the form.





    Better_Days
    04-07 01:20 PM
    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.

    I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)





    geniousatwork
    08-14 01:22 PM
    Seems like the Service Center employees are either laid off :D or on vacation...No movement for 485 processing dates compared to last months update.



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