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Wednesday, June 22, 2011

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  • ArunAntonio
    08-22 01:52 PM
    Cant make it to the DC rally?
    Sponsor someone else to represent you.

    Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441

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  • SkilledWorker4GC
    07-08 12:34 PM
    This is a "do nothing" congress. They dont care about immigration reforms as this doesnt have immediate affects. Frankly i have no hope. Nothing is going to happen till summer of next year.

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  • nkhari
    07-19 10:22 AM
    trust me..you can get the report in 2 hours.


    HIV test, the result is you already know..

    you pay by cash!!

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  • permfiling
    02-08 05:44 PM
    Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..

    My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know .

    The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.


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  • isantem
    07-29 12:57 PM
    Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?

    Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?

    Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
    And one way to try to manage this is by country limits.

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  • qplearn
    12-20 11:59 AM
    If true this would REALLY benefit a lot of spouses especially someone like our core member Shilpa.

    I am just surprised that none of the Big law firms have reported it. I guess now the h4's will have to wait till Oct 2007 to get their H1Bs

    Is this a new "law"? I thought USCIS cannot pass "laws" on its own. Or this simply an intepretation of an existing legal procedure ---- which I understand USCIS is allowed to do on its own?


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  • niklshah
    08-27 10:57 AM
    SC: Nebraska
    RD: 06/16
    FP: 07/11
    RFE 07/30
    RFE received 08/04
    RFE response sent and received by uscis 08/07
    Expedite request 08/15
    Expedite request accepted 08/19
    Current EAD expires Sep 26

    How did you put the expedite request? did u call? did they take the edpedite request before 90 days of your filling? what did u tell them to put in the request? Pls help i am in same mess too file on june 2nd...

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  • grupak
    06-12 09:48 AM
    Keep us posted.


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    09-21 02:46 PM

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  • psaxena
    06-01 12:39 PM
    I just mailed the opencongress.org on what do they do with the polling data. Is this is sent off to the lawmakers, or not.. Is there anyways that this polling data can be used to make our voices heard..

    Guys feel free to send an email to open congress asking this or any questions you have. The foundation group which backs this website, I see , do have some political background.


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  • chumki
    12-17 07:46 PM
    I know the RD (which is printed in our paper receipt - ie day when USCIS received your application, and not the date when USCIS mailed your the receipt) is when the 180 day clock gets started.

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  • GCOP
    10-24 02:45 PM
    I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.

    Thanks for the pointers.

    In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.

    To answer another question from another poster, yes, I have been with the same company since 2001.


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  • reddog
    08-21 02:22 PM
    I am very sorry.
    These people have to be taken to courts. Hire a good lawyer and make him pay.
    And remember, he has tried to play with your career and your future, and the future of your family and done it knowingly.
    It is totally unacceptable.
    Never forget.

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  • arnab221
    10-11 04:15 PM
    Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?

    As of now PD is apr 2001, I dont know when will it move ?


    I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .


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  • eb3retro
    10-29 09:41 PM
    Hi eb3retro,

    I see that your PD is Jan 2003. Mine is Mar 03. I thought I would ask you about your opininons.

    So, do you think we will get our GC in 2009?

    Do you think it would be better to move to EB2?

    Thanks for your inputs.

    hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..

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  • GCaspirations
    10-02 12:55 PM
    NSC->CSC->NSC for 485
    EAD/AP by CSC.

    any idea on what are the processing dates for EAD and AP at CSC
    and also finger printing timelines

    Reading the forum I understand that EAD/AP approvals are coming fast from CSC.
    I have not seen anyone posting about receiving finger Print notice if the case has been tansferred back to NSC from CSC.
    This is the trend I have seen so far.
    Anyone who has received FP notice if ur case has transferred from NSC to CSC and back to NSC - Please post.


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  • natrajs
    09-21 04:29 PM
    You know that's my point. do you really think we can't do nothing more?.....

    we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....

    This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...

    So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.

    I'm no negative just wondering how to measure the success of the rally?

    Dear Friend

    As you said nothing will happen now, The Whole idea of rally is create awareness among the lawmakers.

    In a Old say " The Person who plant a mango tree will not be able to eat that mango, however the next generation will do" I assume that person is selfless.

    Let us all hope the best

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  • vkannan
    02-11 01:45 PM
    Looking at the .PDFs and the law on spillover, I agree with MPADAPAs analysis. Still hope that there would be spillovers from unused EB visa...sure it will be less compared to last year....but atleast feel/hope it would be enought to get through 2006....atleast for EB2 guys....

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  • mygcstory
    07-16 11:24 PM
    But the EAD/AP is a good band aid indeed, for many

    07-19 01:29 PM
    I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
    You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.

    I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
    Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.

    04-10 06:55 PM

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.


    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available


    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.

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