Friday, June 17, 2011

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  • newuser
    04-21 11:45 PM
    Thanks for the updates.





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  • crazyghoda
    01-30 02:42 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.

    It is my fault. I should have explained it better.

    The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.

    Hope that helps.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • sc3
    10-16 04:45 PM
    Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.




    I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.



    Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.


    USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues). It is unfortunate that due to your application movement to another center you got a bad "RD" -- you should probably work with them to get the RD fixed.

    PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.


    Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL’s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.

    No, you did not say that, all you said was USCIS is not doing anything wrong.


    I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??


    If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.


    End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.





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  • alterego
    07-13 09:28 AM
    I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.

    Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
    The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.



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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

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

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • gapala
    05-28 07:20 PM
    Look how irresponsible the officers have become now a days.. they lie.. intemidate and harass the people... feels like 3rd world country... unbelievable!

    Here's the story.. http://www.newson6.com/Global/story.asp?S=10440200

    PADEN, Oklahoma -- An Oklahoma Highway Patrol trooper and a paramedic were caught on tape scuffling Sunday while a patient was being taken to the hospital.


    The fight happened on Highway 62, near Paden, after a OHP and first responders argued over a close call on the road.

    OHP alleges that one of the paramedics on the video assaulted the trooper, but the assault was not caught on tape.

    "We're like trying to tell the guy, 'Dude, my mom is in the back,' and my stepdad was like, 'My wife is in the back. Can we do this at the hospital?'" said Kenyada Davis.

    Kenyada Davis' mother was the woman in the back of the ambulance being treated for heat exhaustion.

    He was able to shoot the altercation with his cell phone's camera.

    Davis said it all started because the ambulance failed to yield to OHP troopers, who were en route to a call along highway 62 in Paden.

    Davis said the driver of the ambulance was trying to avoid hitting a car that slowed down and wasn't aware of troopers nearby until it was too late.

    "He slowed down, and as the car was getting over, that's when he passed us," Davis said. "I didn't hear him."

    But after OHP troopers finished their official business, they pulled the Creek Nation ambulance over. One of the troopers chided Paul for failing to yield.

    Once the ambulance was pulled over, Davis pulled out his phone and shot video of the scene.


    Video is here - http://www.youtube.com/watch?v=KluItc365hU



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  • grinch
    03-10 07:31 PM
    ... OMG...

    I'm so pissed at myself. I didn't have time to add anything I wanted, and now my volley looks like crap. But eh, I'm a newb so oh well. I'm gonna keep working on it and posting it in D&D.

    http://img.photobucket.com/albums/v403/grinchvader/final.jpg





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  • Dolly20
    10-03 01:14 PM
    Hi!
    When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
    1. Do we have to fill in I 539 form or I 129 form
    2. How long is the processing time?
    3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
    please help me. Your responses will be greatly appreciated.


    Thanks in advance :)



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  • ramus
    07-05 03:58 PM
    Thank you.. IV appreciate your help.. I wish we get more new members like you.



    Hi,

    I joined for recurring $50 per month. I will ask all my friends to do the same.
    I believe IV is the only forum/organazation concerned about our cause. Everybody else thinks immigration issue is just about illegal aliens. IV highlights the real issue, legal immigration.

    dupedinjuly





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  • GC_SUCK
    08-16 01:07 PM
    All my security check are cleared as per information from IO (by calling 4 times in last 4 months).

    I am hoping that I will get GC by the end of this year.

    You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.

    A 6 months wait is not unreasonable. I'd be happy with that if I was you!



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  • thepaew
    05-26 04:51 PM
    We were traveling the Montr�al on Friday and saw this too. The Border Patrol had set up a roadblock on I-93 S and were stopping everyone.

    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.





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  • Caliber
    03-10 02:58 PM
    From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.

    MDIX: I wish your forecast come true. But if you followed the thread, most of 2001/2002/2003 did not even have soft LUD's. While I agree that USCIS is working on EB3 I as many got RFE's, there are many more whose cases were not touched. I gave you green.



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  • permfiling
    11-09 03:31 PM
    Nope, not yet.
    Congratulations,!! Is your card really green or pollution has some effect on it? ;)

    How long did it take to get CPO email and card since 485 approval notice?


    Thanks





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  • memyselfandus
    09-20 11:11 AM
    by the time I realised that I should have bought the .org domain; somebody already bought it... I am already forwarding the LegalImmigrationVoice.com clients to immigrationvoice.com

    Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.

    Can you please get that registered as well?



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  • Tito_ortiz
    02-13 03:56 PM
    His views are distorted.

    Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.





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  • sunny1000
    01-19 10:40 PM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel’s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer’s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I’m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in “ORGANE”.

    Are you sure that it was a police officer and not a CBP inspector? The reason I ask is that the fact that you mentioned that he said that he could have deported you. Also, it was after the security check where CBP inspectors are present usually.

    I was stopped by a cop for allegedly speeding in Vermont. The second question after asking "do you know why I stopped you" was that "what nationality I was" and "am I a U.S citizen"? I answered him and he asked what was my profession. After that, he just took my drivers license and issued a ticket. He also gave me a break and reduced the speed reading by 5 miles in order for me to pay lesser fine. He did not ask for my passport or immigration papers.

    I flew into JFK last week from India and there was a CBP inspector standing at the yellow line where I usually wait for the next available inspector. He asked for my passport to see the visa and then, he let me go to the immigration counter for processing by another inspector. This is pretty new as I flew back to JFK from India in Nov and I was not screened before getting to the immigration counter.



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  • keshtwo
    08-15 05:15 PM
    wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:





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  • aviv
    07-24 06:47 AM
    I Don't think Sanjay's checks got cashed! Please see his posts





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  • ajay
    01-18 11:27 AM
    I definitely agree and I had similar experience first hand. I realized this when I went to renew my DL ..I had 2 consecutive EAD's in hand ..one expiring on 5th and the other starting from the 6th ..I asked the DL office to renew my license (I went there 1 week early) but they refused ..they wanted me to come on the next day and drive to the office on expired license ..no matter what I said ..they said sorry (not that courteous) ..I said "do I take a holiday just to renew on 6th" ..they said we don't care ..I said I have to drive on expired license and what if cop catches me ..they said "not our problem" ..talk to immigration people ..I said do you know how broken that is ....same attitude from my manager ..his reply ..well you guys decided to come to US..
    soo I guess same thing will happen if u have immovable assets ..they will say ..well you shd have realized this before u bought something on a temporary status ..or in few words they will say "we don't care ..not our problem" !!!
    Are there such people around? Sorry to hear your experience. And we don't have anything to defend ourselves here!!!





    priderock
    01-22 05:31 PM
    I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
    You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.

    Nothing wrong in trying to change the course though.





    immigal
    09-26 12:44 PM
    No. Please attach copy of the affidavit. If you are called for interview, carry the original affidavit with you. This is what my attorney did..send the copy.



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