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  • vbkris77
    07-02 03:40 PM
    When we are dealing with DOJ, why do we need significant volume ?
    When dealing with representatives ( lawmakers ) we need large volume to make any impact.

    Here we are talking about DOJ, who would make a decision based on the legal validity of our request.

    Please correct me if I am wrong.

    So that we get enough attention... I wrote one awhile back, still no luck.





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  • indianindian2006
    03-16 01:34 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.




    Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.

    Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.

    There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.

    I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.

    In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.

    Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.

    I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).

    Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.

    Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.

    This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.

    Department of Homeland Security has access to a lot of information that they didn't have before.





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  • hpandey
    06-25 02:58 PM
    Hi
    I am applying for AP (new). Are they issued with 1 year validity or 2 years ( now that EAD is being given for 2 years)?

    AP's are still being given with 1 year validity I think. Only EAD's with 2 year validity will start from July 1st onwards.





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  • ItIsNotFunny
    04-14 02:23 PM
    Keep it up! 10K this month...



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  • perm2gc
    10-30 10:47 PM
    [QUOTE=gc_in_30_yrs]Can we get the copy of I-140 Approval Notice under the Freedom Of Information Act (FOIA)? If so, please advise the way to do it.
    QUOTE]

    Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
    It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).

    i will post more information once it is available.
    Even to a get Copy of I-140...retrogress.....OMG help _/\_ USCIS_/\_





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  • psaxena
    07-31 01:08 PM
    Everyone is going to get citizenship .. yes right citizenship by next year.. no GC business.

    Now everybody say "AMEN"



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  • himu73
    07-06 11:45 AM
    I believe any efforts to make USICIS accept all applications can be couter productive. You can have some people getting stuck for sure for many years before they get their green cards. also since new fees kick in on July 30th, you will have to pay for the EAD,AP.
    The law-suit can benefit only a few of us, so why is IV behind this.
    Can the core members comment on this.
    I tihnk all these efforts do not define a common cause right now.
    How do you define "All effected"?





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  • mmanurker
    02-07 01:39 PM
    Sorry to hear that your 485 is denied....

    My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
    I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
    Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
    Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.

    FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.



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  • Lasantha
    08-22 02:21 PM
    My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...

    Does anyone know what the legislation is?

    I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.





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  • bbct
    06-25 10:42 AM
    Guys,

    Could anybody please share the explanation letter required for AP? I am still on H1-B but do not intend to go for stamping. I would need only for emergency.

    Thanks



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  • dilipb
    06-30 09:28 AM
    My original "Reciept notice" of 485 came from "California service Center" then few weeks i got another notice of action notice type = "Transfer Notice" that said your application has been transfered to "Nebraska service center".
    For EAD renewal should i send copy of just Receipt Notice or both?

    Also should i send the EAD renewal app to "Texas Service Center" as per instructions because i live in MA ?


    As per section 7 of the instructions "with a copy of the receipt notice or other
    evidence that your Form I-485, Application for
    Permanent Residence or Adjust Status, is pending"

    So you should send a receipt notice and that should be enough.
    But for the heck of it, it does not matter if u send that transfer notice.
    USCIS will not create any issue for you, just because u sent TOO much documentation. Here we are talking only about 1 extra piece of paper.

    For legal fanatics: Technically the statement clearly states that they are OKAY with only the receipt notice. In fact that statment also tells me that you could show anything as evidence of a 485 filing. So even a xfer notice should also be fine. I simply recommend, send the recpt notice. Thats all.

    So now its all upto you.

    Yes. Read the instructions and send your applicaiton as per stated. So if it says that MA people are supposed to send to texas, send it to texas.





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  • Ram_C
    11-08 01:17 PM
    Wish you all a happy and prosperous Diwali.

    -Ram.



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  • amslonewolf
    05-18 06:57 AM
    My PD is April 2002 which has become current as per the june bulletin. My I-140 was approved in April 2007 and the NVC created the case on May 15th 2007.

    I have opted for consular proceesing.

    My questions is at what stage of the further processing do i get a visa number allocated ?

    Is it when NVC sends the fee receipt to my attorney or is it when the case is transferred to the consulate ?

    I just want to know at what stage now i become insulated from any possible retrogression in the coming months.

    Any help much appreciated
    thanks
    __________________
    EB3 (India)
    LC Filed (NY ): April 2002
    LC approved : Aug 2006
    I-140 approved: April 2007





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  • desi3933
    02-02 02:19 PM
    Thanks for the reply , let me file the H1 transfer with Employer2 now in "Premium route" with the I-140 approval from Employer1 and see if we get a approval. Once i get a approval , i think stamping it wont be an issue after 7-8 months even thought Employer1 has revoked that I-140 ?

    However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???

    This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.

    Please note that the memorandum does not have the force of law.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Macaca
    09-22 04:55 PM
    From Immigration Fight Goes On Without Some Troops (http://immigrationvoice.org/forum/showpost.php?p=171495&postcount=1126) By June Kronholz | Wall Street Journal, September 20, 2007

    With a comprehensive immigration bill unlikely to be revived in this Congress, supporters now are trying to pass smaller pieces of the original.
    Third could be a business-backed measure that vastly increases the number of visas available to highly skilled workers.
    Meanwhile, NumbersUSA, which helped kill the overhaul bill in June, is at it again. Members of the grass-roots group flooded Senate offices with faxed letters of opposition to the bill last spring. Now, it�s urging members to call their senators, and offers talking points should they be connected. Among them: Illegal immigrants would get in-state tuition, while out-of-state citizens don�t.





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  • pmpforgc
    07-15 10:34 PM
    Can some of experienced guyes answer my question about the DISABILITY INSURANCE.

    Some of you guys looks like confusing DISABILITY RIDER in the TERM/WHOLE policy with DISABILITY INSURANCE.

    DISABILITY INSURNACE will pay for (in Most case 60% of the last salary) if you become PERMANENTLY DISABLED and can not work up to the age of 62 or 65. After that SS will pay for you.

    DISABILITY RIDER that you have with extra cost in the LIFE INSURANCE policy cancel payment requirement of your Life Insurance policy. So If you become Disabled You WILL NOT HAVE TO PAY PREMIUM for your TERM/WHOLE Life policy and still it will be effective.



    Because of my one of the diseases I am always worried about DISABILITY insurance.
    I always try to get Short term and Long Term disability insurances through employer.

    But the problem is they always start with long preexisting exlusions and when you change jobs they dont continue so have to start new one which also has other new preexisting exlusions to start.

    You can convert your longterm disability to the personal policy if you have that for long time. but they are not valid if you get new job.

    Is there any private/personal (not employer sponsored) Short and long term DISABILITY Insurance policies that we can purchase out side of the job.? How are the premiums? Are they reliable?
    also do any of you know case where LIFE INSURANCE was actually paid and how easy/hard the process was for family?

    Also similar experiences if some one know if any one used DISABILITY INSURANCE and how hard it was?



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  • malibuguy007
    04-01 07:38 PM
    Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.

    Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.

    Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.

    However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us.





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  • pappu
    10-11 08:35 PM
    Sent above to - letters@economist.com and
    also to submit_help@aaas.org
    thank you nycgal and jonty for taking lead on this one and sending mails to the editor.
    only 2 people sent the mail in one day!!

    This work does not even take 3 minutes and we have such a low turnout.:(





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  • hoolahoous
    11-03 03:47 PM
    open a nri account here in india with your dad as a second name to it in a bank like hsbc which is there both in india and usa....then you or your dad dcan deposit money in that account...then anybody can withdraw after that. ...Second your dad can gift you a certain amount by converting rs to dollars in india and getting american express travelers check and sending it to you,....

    let me know what you do and if there are other ways to do that..

    AFAIK you can not deposit rupees in NRI account. only dollars





    sc3
    11-15 01:09 AM
    let us not be moral police here.

    Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.

    I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.

    I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.





    Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.



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