Macaca
08-12 11:17 AM
From Immigration rules may hurt economy (http://immigrationvoice.org/forum/showpost.php?p=144955&postcount=66) Crackdown on employers could cause havoc in agriculture, healthcare and other industries, Chertoff acknowledges By Nicole Gaouette (nicole.gaouette@latimes.com ), Los Angeles Times Staff Writer, August 11, 2007
Others expressed skepticism about the Department of Homeland Security's ability to enforce the measures, pointing out that the department cannot even come up with the number of high-skilled visa-holders in the country. "The agency that can't count is now going to go on this enforcement gig," said Rep. Zoe Lofgren (D-San Jose), chairwoman of the House immigration subcommittee. "We'll see how they do."
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type, and stated (at p. 7):
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive. (page 13)
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. (page 13)
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty. (page 13)
Others expressed skepticism about the Department of Homeland Security's ability to enforce the measures, pointing out that the department cannot even come up with the number of high-skilled visa-holders in the country. "The agency that can't count is now going to go on this enforcement gig," said Rep. Zoe Lofgren (D-San Jose), chairwoman of the House immigration subcommittee. "We'll see how they do."
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type, and stated (at p. 7):
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive. (page 13)
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. (page 13)
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty. (page 13)
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truthinspector
07-09 02:41 PM
If not today, when shall you wake up????
as somebody was suggesting in another thread, can you please post your comments in English for non-hindi speakers like me. Thanks.
as somebody was suggesting in another thread, can you please post your comments in English for non-hindi speakers like me. Thanks.
gc_coming
09-23 08:22 PM
Hi Gurus,
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
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number30
10-04 08:27 AM
Children can apply for OCI once they become 18 years. Until that time PIO has to be used unless one of the parents becomes a citizen meanwhile
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skd
12-31 03:42 PM
And God Bless you Javadeveloper and God bless everyone
sri1309
05-09 09:37 AM
Best way to get more immigrants to participate in advocacy efforts by immigrationvoice.org for legal immigration is by communicating to international student organizations of various universities around virginia, maryland, washingtondc,west virginia north and south carolina. Arranging busses for the students is not a bad idea. Students once convinced why they need change in current immigration reforms for employment base legal immigrants will participate in huge numbers to attend the advocacy efforts done by immigrationvoice.org as they have more time in hand
Good idea, I already passed this info to 10 universities with my contacts.
Good idea, I already passed this info to 10 universities with my contacts.
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theMan
06-14 03:29 PM
Even my 140 was filed with CP. My PD was current last month. I filed my 485 (AOS) last week. As per my attorney if CP is specified in your 140, you have 2 options. You can file CP or AOS. You can just file for AOS. No need to convert. But AOS is speicifed in your 140 and want to convert to CP. Thank you need to file some form.
Thanks for the update. I received the same answer from my attorney as well.
Thanks for the update. I received the same answer from my attorney as well.
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pappu
06-12 12:17 PM
Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.
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royus77
07-23 05:22 PM
Will CIS generate the Receipt notice first before transfering the application to the appropriate service center. ( like transfering the application from NSC -> TSC when the I-140 was approved at TSC but filed at NSC) .
Any idea ? Any sign of Cheque cashing for the 2 july filers ????
Any idea ? Any sign of Cheque cashing for the 2 july filers ????
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needhelp!
02-24 06:30 PM
Did AILA actually file a lawsuit?
Care to tell me how?
It was lawsuit filed by AILA, efforts by IV and other groups that reversed the decision. Gandhigiri in this country has very little value. This country works on laws/court system. We need to get laws to help us and we need support groups like IV to make that happen. Or else we can pray to God to shower some green.
Care to tell me how?
It was lawsuit filed by AILA, efforts by IV and other groups that reversed the decision. Gandhigiri in this country has very little value. This country works on laws/court system. We need to get laws to help us and we need support groups like IV to make that happen. Or else we can pray to God to shower some green.
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go_guy123
07-02 11:27 AM
If DOJ agress what is being done based on country of origin is unjust, in what way can they help?
Can they ask congress to act? can they order USCIS to recapture lost visas?
DOJ does not ask congress to act. They directly give orders to executive branch that is USCIS in this case, based on their judgment..
Can they ask congress to act? can they order USCIS to recapture lost visas?
DOJ does not ask congress to act. They directly give orders to executive branch that is USCIS in this case, based on their judgment..
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ilikekilo
04-14 09:48 PM
Thanks ilikekilo for the information. My husband medical coverage will start on the same day of his joining date. There is no waiting period. We need to find out what kind of healthcare plan they are providing and check whether my hospital and OB is under there network.
there you go, good for you...you have nothing to worry about then, worst case you may have to change your OBGYN...start looking for good references in the area...
there you go, good for you...you have nothing to worry about then, worst case you may have to change your OBGYN...start looking for good references in the area...
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eb3_nepa
06-28 02:19 PM
For all those filing I-140 and I-485 for the first time (I.E. No PD recapturing),
You DO NOT need to file I-140 in premium. YOu can simply file the I-485 AS-IS. Actually Right now since everyone is current ANYONE can file for the I-485 provided their Labour is approved. The only way the I-140 approval would help is with the 180 day clock after which the employer has no control over your GC application.
This is what my lawyer had told me when I had asked her last time. Now if the dates were still Retrogressed but your OLD PD was becoming CURRENT, IN THAT case you WOULD need your I-140 approved before you can file the I-485 coz at that time technically you cant file for a I-485 as without the PD recapture your PD would be today's PD and that would Not be current.
Hope this explanation helps. However Please confirm this with your attorneys as i m like you just a little more experienced due to what life has put me through ;)
You DO NOT need to file I-140 in premium. YOu can simply file the I-485 AS-IS. Actually Right now since everyone is current ANYONE can file for the I-485 provided their Labour is approved. The only way the I-140 approval would help is with the 180 day clock after which the employer has no control over your GC application.
This is what my lawyer had told me when I had asked her last time. Now if the dates were still Retrogressed but your OLD PD was becoming CURRENT, IN THAT case you WOULD need your I-140 approved before you can file the I-485 coz at that time technically you cant file for a I-485 as without the PD recapture your PD would be today's PD and that would Not be current.
Hope this explanation helps. However Please confirm this with your attorneys as i m like you just a little more experienced due to what life has put me through ;)
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map_boiler
07-06 11:03 AM
What kind of charges may be filed under the following points?
1. Processing and approving 60K I-485's in 2-weeks (12 times normal speed) just to avoid the flood of applications in July, when you consider that their typical speed is around 10K/month. 25K applications were approved in just 2-days (37.5 times normal speed) over the last weekend.
2. USCIS requested visa numbers for cases where FBI background check was not completed. In other words, they requested numbers before processing could be completed for those cases and I-485s could be approved. Serious issue of lapse of national security here.
3. USCIS apparently approved I-485's of some people whose dates were not even current in June, even if their FBI check had been completed and I-485 otherwise ready for approval.
4. USCIS apparently approved I-485's of some people in July after DOS published the updated visa buletin on July 2nd advising that all visa numbers were exhausted for FY 2007.
Any other points, and possible charges in the lawsuit using those points?
1. Processing and approving 60K I-485's in 2-weeks (12 times normal speed) just to avoid the flood of applications in July, when you consider that their typical speed is around 10K/month. 25K applications were approved in just 2-days (37.5 times normal speed) over the last weekend.
2. USCIS requested visa numbers for cases where FBI background check was not completed. In other words, they requested numbers before processing could be completed for those cases and I-485s could be approved. Serious issue of lapse of national security here.
3. USCIS apparently approved I-485's of some people whose dates were not even current in June, even if their FBI check had been completed and I-485 otherwise ready for approval.
4. USCIS apparently approved I-485's of some people in July after DOS published the updated visa buletin on July 2nd advising that all visa numbers were exhausted for FY 2007.
Any other points, and possible charges in the lawsuit using those points?
more...
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go_guy123
07-30 02:59 PM
That may be the unofficial version. Officially you can apply even you haven't worked or studied in Canada if you qualify as a skilled worker with a year of experience. You get extra points for having a job offer from a Canadian employer but not having one does not disqualify you automatically. I'm not talking about getting the GC. I'm just talking about the application process. Some kind of processing is needed even to reject an application and I do not think USCIS is capable of handling the increased traffic that switching to a point based system would result in.
No its official. From Feb 2008 federal skilled worker class is restricted to people with 1 year Canada work or student experience or 38 occupations only.
No its official. From Feb 2008 federal skilled worker class is restricted to people with 1 year Canada work or student experience or 38 occupations only.
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Jaime
09-22 10:44 PM
Hi gsc999.. It was nice talking to you in DC..
The reason I suggested sending in our credentials is beacuse the key in reverse brain drain is also "brain" along with "drain".
If we send in our credentials wrapped along with a stopper it will show them what they are going to loose.
Even to hard core right wingers it will show them that even if they neglect the human factor they cannot neglect the intellectual factor..
Definitely! Totally sets us apart from illegals. (And a few people have asked me why I "bash" illegals. I really do not. They have their cause and we respect them like we should respect every other human being. We simply should not be lumped in with their cause, because we are opposites, and because that has been what has affected us so much)
We need to finally break the chains and differentiate ourselves from illegals. If the government won't give us our rightful place as respected legals, we need to go take that place, because it's ours! Otherwise we will continue to be bullied by Loo Dobbs and company, and we will continue to be victimized by the apathy and politicking of Congress!!!
The reason I suggested sending in our credentials is beacuse the key in reverse brain drain is also "brain" along with "drain".
If we send in our credentials wrapped along with a stopper it will show them what they are going to loose.
Even to hard core right wingers it will show them that even if they neglect the human factor they cannot neglect the intellectual factor..
Definitely! Totally sets us apart from illegals. (And a few people have asked me why I "bash" illegals. I really do not. They have their cause and we respect them like we should respect every other human being. We simply should not be lumped in with their cause, because we are opposites, and because that has been what has affected us so much)
We need to finally break the chains and differentiate ourselves from illegals. If the government won't give us our rightful place as respected legals, we need to go take that place, because it's ours! Otherwise we will continue to be bullied by Loo Dobbs and company, and we will continue to be victimized by the apathy and politicking of Congress!!!
more...
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snathan
04-21 02:26 PM
wow and the mocking continues...
Either the OP is posting for time pass or need to read the Immigration for Dummies...
Either the OP is posting for time pass or need to read the Immigration for Dummies...
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sanju
04-15 10:40 PM
This is all time low for "Highly Skilled" "Highly talented" "High INCOME" group. For the issue that affects our life the most, we are asking IV core if we could still drop to $10/month or $1/month, realizing well that we are up against well oiled and very well funded machinery of anti-immigrants. WOW!!! Is there a competition going on as to how low this community can go?
This issue affects our personal life, family life, professional life, careers, professional life of our spouses, development of our growing children and still we cannot even come up with $20/month. After reading this, not sure whether at this time I am filled with more shame or is it more anger that is bothering me. Anyways, either of the two are lowest energy levels in human behavior.
The amount of money we contribute is the measure of importance of this issue for us. Is this issue worth $20 or $10 or $1 for us? I guess the answer is NONE. This issue drives our life and we cannot come up with the necessary resources. Shame. We are expecting Amitab and Shahrukh to raise money for us when we do not want to help ourselves. Don't know if we all should cry or laugh at our behavior.
This issue affects our personal life, family life, professional life, careers, professional life of our spouses, development of our growing children and still we cannot even come up with $20/month. After reading this, not sure whether at this time I am filled with more shame or is it more anger that is bothering me. Anyways, either of the two are lowest energy levels in human behavior.
The amount of money we contribute is the measure of importance of this issue for us. Is this issue worth $20 or $10 or $1 for us? I guess the answer is NONE. This issue drives our life and we cannot come up with the necessary resources. Shame. We are expecting Amitab and Shahrukh to raise money for us when we do not want to help ourselves. Don't know if we all should cry or laugh at our behavior.
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a1b2c3
01-13 02:38 PM
How on earth did EB3 ROW not move?!
Why should ROW always move forward?:D You think just because your numbers are small, we live for free in the US of A.
Why should ROW always move forward?:D You think just because your numbers are small, we live for free in the US of A.
sanju
01-15 12:27 PM
In India, the govt. collaborates with the criminals to kill the citizens.
And the next thing you will say is - and those citizens killed are from a specific minority and Hindus are killing Muslims and India is evil and blah blah blah blah..... Is that all?
What would it take for you to talk sense here? Just say it.
.
And the next thing you will say is - and those citizens killed are from a specific minority and Hindus are killing Muslims and India is evil and blah blah blah blah..... Is that all?
What would it take for you to talk sense here? Just say it.
.
chanduv23
09-23 10:48 AM
Thank you Chanduv23, for the prompt reply.
Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.
The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.
Well, anyway, no point losing sleep over these things, although it is easier said than done.
Again, thank you for sharing your experience here, it is VERY helpful.
I agree. And this has happened. This happens NOT because new Attorney's G 28 did not get filed properly, it happens because VO may mix it up. Usually when a employer requests a revocation of 140 - in real - what the employer requests is "As this employee has left the company the prospects of his future employment with us is not there and we will not support this 140 petition in future. In other words an employer is telling INS "They will never hire you in future".
So the VO does two things here. They send acknowledgment letters to the employer and their Attorney on file and send RFE/NOID to you and your Attorney. In this process some mix up might happen. Remember, a lot of VOs are very ignorant about AC21 and they may not follow the guidelines properly. Under the AC21 law it is clear that all you do is to change job to a same/similar position. As long as you follow law nothing must happen.
Check your online status regularly - if you see LUDs call customer service - verify your address. If you do not get mail in 5 days - call again - if it is 15 days past call and ask them to fax it.
Oh, I trust the attorneys to file it correctly, I was just wondering if there was any way of finding out if it was received and processed correctly. With the H1B, 140, 485, etc. you get a receipt notice, but I wasn't sure if that was the case with the G28, probably not.
The thought of the remote possibility of any correspondence from the USCIS going to the old attorney (for whatever reason), and not making it to me/new attorney in time to respond to it, is a little unnerving.
Well, anyway, no point losing sleep over these things, although it is easier said than done.
Again, thank you for sharing your experience here, it is VERY helpful.
I agree. And this has happened. This happens NOT because new Attorney's G 28 did not get filed properly, it happens because VO may mix it up. Usually when a employer requests a revocation of 140 - in real - what the employer requests is "As this employee has left the company the prospects of his future employment with us is not there and we will not support this 140 petition in future. In other words an employer is telling INS "They will never hire you in future".
So the VO does two things here. They send acknowledgment letters to the employer and their Attorney on file and send RFE/NOID to you and your Attorney. In this process some mix up might happen. Remember, a lot of VOs are very ignorant about AC21 and they may not follow the guidelines properly. Under the AC21 law it is clear that all you do is to change job to a same/similar position. As long as you follow law nothing must happen.
Check your online status regularly - if you see LUDs call customer service - verify your address. If you do not get mail in 5 days - call again - if it is 15 days past call and ask them to fax it.
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