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  • BharatPremi
    11-06 12:07 PM
    I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...

    According to the lady officer all AP approvals were mailed to my home address and she verified my home address as well to make sure whether USCIS has sent them to appropriate address or not.





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  • ganguteli
    06-17 02:06 PM
    Would you like to send a mass mailer to all to generate momentum ???

    I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.





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  • alwayson
    01-25 09:42 AM
    LINK (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/immigration-fraud-hundreds-of-indian-students-may-be-deported-from-us/articleshow/7359653.cms)

    WASHINGTON: Hundreds of Indian students , mostly from Andhra Pradesh , face the prospect of deportation from the US after authorities raided and shut down a university in the Silicon Valley on charges of a massive immigration fraud .

    The Tri-Valley University in Pleasanton, a major suburb in San Francisco Bay Area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes.

    According to a federal complaint filed in a California court, the University, which was raided and shut down last week, helped foreign nationals illegally acquire immigration status.

    The university is said to have 1,555 students. As many as 95 per cent of these students are Indian nationals, the complaint said.

    Investigations by Immigration and Custom Enforcement (ICE) found that while students were admitted to various residential and online courses of the university and on paper lived in California, in reality they "illegally" worked in various parts of the country as far as Maryland, Virginia, Pennsylvania, and Texas.

    ICE has called it as a "sham university." The ICE investigations found that more than half of these students were reported to be residing in a single apartment located in Sunnyvale California.

    During the course of the investigation ICE found that the university gave the residential address of its students in order to conceal that they did not live in California, said the court papers.

    For a student to maintain an active immigration status, they must show proof that they are making reasonable process towards completing coursework and physically attend classes.

    Federal investigating authorities are now sweeping out on each of those students, who paid lakhs for obtaining students visa and also students work permit.

    Several of them have been interrogated, creating a panic reaction among the Indian student community.

    Many of the students from Andhra Pradesh, who were planning to join the university for the new semester, have cancelled their US travel plans.

    Classes were scheduled to start on January 10 after the winter break.

    It is understood that many of these students are planning to leave the country as soon as possible as they are being interrogated.

    There are unconfirmed reports of some of the students being detained and deportation process has been started against them.

    Once the university has been shut down, the students who come on F-1 visa, lose their status within a stipulated time. These students have been making desperate calls to Indian- American immigration attorneys.

    "We have received verification that ICE has detained some of the students and placed them in removal proceedings," Murthy Law Firm, a popular immigration attorney firm among Indian-Americans, said in a posting on its website.

    On January 20, 2011 the Murthy Law Firm received numerous phone calls from students registered at Tri-Valley University in Pleasanton, California, it said in its posting.





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  • neverbefore
    07-14 04:12 PM
    The officer only said "you will hear from us when we get the clearance."
    Said nothing about keeping the passport.

    Thanks a lot for your replies. :)



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  • pd_recapturing
    08-11 05:25 PM
    Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.
    I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.





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  • Drifter
    04-01 07:10 PM
    Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS).

    Ramba and others
    Thanks for all your responses, It is clearly the attorneys fault.
    - I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
    - I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
    The error is with the Attorney and it is one of the big immigration firms.

    What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
    Does any one know if the client has any legal protection from errors and mistakes made by the attorneys

    Please help.



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  • GCBy3000
    06-19 04:21 PM
    If they process by RD, then this month TONS of people with 2007/2006 PD will apply for 485 along with 1999-2005 guys.

    So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.

    Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.

    This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.

    In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.

    Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.


    In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.





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  • pasupuleti
    03-01 12:31 AM
    i need your full name, please send a private msg. I need to send this information to zoe lofgren office.

    pasupuleti

    I will try to be there. Thanks for arranging.



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  • reddog
    01-26 12:03 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...

    brilliant dude. nice reply.





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  • GCBy3000
    07-26 04:56 PM
    At least you have nine more fingers in your hand. But the poor keyboard / laptop has only one F5.

    By the way, I work for a insurance company and we have customer service dept. Once one of our client called and said she is having some issues with our website. The customer service rep could not resolve the case so she conferenced me in. I asked the client to press F5 to refresh the browser. She said her browser was not refreshed even after pressing F5. After serveral minutes I realized that she was pressing F and then 5 seperately. The story continued with that client for several minutes and I accepted my defeat at the end.

    Another time when I called the charter company for some cable issue, they asked what OS I have. I replied I have windows on my PC and they did not understand. So she asked "Do you have windows or PC?". I said "I have windows on my PC". I thought she is funny. But when I went to the charter site for cable connection registration, they had similar question in their website too. Then I realized, in US windows = OS from microsoft and PC= MAC.

    Man u guys are faaaaaaaaaaaast!!!!

    BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!



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  • desi3933
    08-18 03:41 PM
    You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.

    Two things
    1. Responding to 8-month old post == free ad
    2. Is your posting evaluation or legal advice?

    Have a good day!


    .





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  • zachs
    02-11 11:18 AM
    Send letter to WH & IV. I have forwarded the IV message to many of my friends.
    I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.

    Dear friends,
    Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.



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  • rsayed
    04-13 11:26 AM
    What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????

    "F. VISA AVAILABILITY DURING THE COMING MONTHS

    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."





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  • andy garcia
    12-30 01:04 PM
    Longq,

    Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.

    From November 2005 Visa Bulletin
    HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    * The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
    * In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
    * During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
    * To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.



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  • nixstor
    11-16 02:59 PM
    but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
    Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
    They cannot ask it if it is illegal, and clearly this information is used in the employment process.
    So, I am not so sure this is illegal.
    I am pretty sure that discriminating on nationality is illegal, but that is different

    Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.





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  • alterego
    11-03 10:46 AM
    This is an extremely childish argument. In all honesty, the rules are the rules, we do not make them and nor do we interpret them. In the past the way the rules were interpreted favored EB3 over EB2I. Last year they said they took another look at the language and interpreted the rules as they should have been all along. At that time, there was much argument within this board and others. Those like me kept saying that EB immigration has always had a skills hierarchy and from the language EB category took precedence over country of origin quotas(which were discriminatory anyway). Others including popular posters like UN and lawyers like Ron Gotcher took the other view. In the end the state Dept. decided with the Eb category precedence and horizontal spillover. Should those that suffered the misinterpretation in 2006/7 ask for reallotment of future flows of visas to redress that injustice? No.
    Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first?
    These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct.
    You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.



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  • kart2007
    05-17 12:52 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    So I assume you told this to your neighbor who lives downstairs :D





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  • eb3India
    05-22 04:18 PM
    logiclife,

    I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,

    I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,

    I care less these days, but don't make to loose respect for IV





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  • pappu
    09-19 05:36 PM
    Another advisory: If you learnt of some sensitive information/strategy while meeting staffers/IV core team or others while in DC, DO NOT SHARE it on these forums. People who have missed the rally will miss such information too and we may choose to post any such information as and when needed. Do not post any such info on open public forums.





    spicy_guy
    11-04 01:29 PM
    For those of you celebrating the defeat of Democrats because they sabotaged CIR due to the "path to citizenship" it's time to get real. Conservatives (both Dems and Repubs) are more than comfortable shutting the door to ALL immigrants. Don't fall into the trap of anti-immigrant legislators, don't let them turn this into a wedge issue.

    I agree with this 110%. Reps are more conservative. They don't want any non-american in this country. They would just say "GC or what.. Get the hell outta here".

    Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.

    As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.

    What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
    Another 2 years., and another year after and an year after... come on guys....





    GCaspirations
    10-01 08:40 PM
    Hello,
    My application was sent on July20th to NSC.
    Today I got a transfer notice saying application is transferred to Texas Service center. question
    1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
    2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
    3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?


    Thanks in advance

    The number starting with A is the Alien registration Number. Should be same as approved I 140.




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