Saturday, June 11, 2011

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  • pom
    05-27 09:16 AM
    Come on, don't be modest, you deserve this!




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  • guyfromsg
    07-19 05:41 PM
    Thanks for ur reply..anyone else has any input on this??

    From Greg's blog

    >>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<

    You should be fine. You have your choice up until month's end.




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  • raysaikat
    01-06 03:33 PM
    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.

    Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

    Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

    "Evidence that the alien has judged the work of others, either individually or on a panel;"

    This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

    The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

    Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

    In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.




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  • Ann Ruben
    05-15 04:15 PM
    I believe that in the original post, Keerthi indicated that he was in India.



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  • BharatPremi
    05-21 10:23 PM
    Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.

    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?




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  • Rb_newsletter
    02-03 06:40 PM
    We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
    In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
    Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?

    You should also quote medieval times examples here. So slashing H1b's heads could be justified.

    My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.



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  • DallasBlue
    07-15 12:01 AM
    Conference call for the TX state chapter every first and third sunday at 3pm cst of the month.

    Dial-In #: 1-218-486-1300
    Bridge:

    Thanks




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  • eb3_nepa
    04-27 06:12 PM
    Not sure if this has been posted before. If not here goes. This is on immigration-law.com.

    Does IV know anything about this?

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
    <br><br>

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.



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  • sands_14
    06-11 01:20 PM
    Please refrain from saying such a thing for President.
    He might have made mistakes but he has been a tough one for terrorists.Since Sep11,2001,he has kept the ppl safe.
    6 years is a big time.
    If he is trying something beneficial for Immigrants,lets support him and ask him to support our cause.
    I think we should send faxes/emails to him to show our support and I am sure he will get our amendment passed.

    Lets give this a try.I am sure he will make no more mistakes as these are some last things which can give a lot of credibility back to his Presidentship.




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  • vishwak
    08-03 08:46 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

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

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR



    It does looks confusion.
    I believe its...just SR denied not case. Hope for the best.



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  • joydiptac
    04-21 02:44 PM
    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..
    Yes but why?
    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
    No. H1 has to be refiled.
    b.) Can i file for H4 on my own..is it complicated?
    Yes and Not complicated (I haven't done this but I have seen the application).

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current
    I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.

    thank you!

    BTW are you from IT BHU?




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  • dingudi
    06-07 11:45 AM
    Is this RFE on your pending 485? What service center is this at? TSC or NSC.

    Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.



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  • seahawks
    07-02 12:07 AM
    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?

    I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
    Wait until my attorney gets back to me
    Go for the FP and probably explain to them and see if anything can be done.
    Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.




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  • sujan_vatrapu
    01-22 02:30 PM
    Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.

    Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."

    That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.

    Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.

    Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.

    I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.

    Nag

    i totally agree, we should always listen to people with different opinions which makes us more rational, i also agree with your point that we should not compare NRIs with general population here, parenting in every culture has its pros and cons, we should look at each of it and take out good,



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  • snhn
    12-04 10:02 AM
    with this type of money and job, you should have filed for EB2.. why EB3




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  • immiguy
    07-20 05:03 PM
    her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?



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  • sabudanawada
    02-27 03:20 PM
    once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
    before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
    the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • smuggymba
    03-24 06:32 PM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported

    how did u travel back to your home country? All airlines check passport before issuing a boarding pass.




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  • n2b
    07-17 01:03 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.




    arjunpa
    10-07 10:17 PM
    Thanks for the replies martinvisalaw and simple1

    Sorry to bump this thread, but I wanted to provide an update as to where I am right now.

    If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.

    This is where I am stuck at,


    I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.

    My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94


    I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)

    All I am trying to do in the process is to reach a safest/correct option.

    Any more suggestions? Thanks in advance.




    nareshg
    10-05 06:01 PM
    they responded today to USCIS, nothing much here I guess...

    one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.



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