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  • sbdol
    07-20 10:18 AM
    I got a brilliant idea guys, I am sure it is not new but it looks now is the right time to pursue it.
    Apparently it would be very difficult to fight FBI namechek delays. After USCIS was swamped with a pile of cases due to visa retrogression fiasco the processing times most probably will increase significantly. The visa retrogression is going to be reinstated.
    Also there is a great injustice to those who had to go through the BEC black hole.
    I think everybody agrees that the current green card process is a lottery where winners get everything in a couple of months and losers wait sometimes 10 years. (Yes I know such cases).

    So how to fix all this in a way that it would not affect negatively anybody?
    The answer might be very simple: Count the time spent waiting in the administration created lines towards citizenship. In other words the 5 year count starts not when one get the green card but from one’s priority date. After all it is not the immigrant's fault that he has the same name as someone who saw a suspicious person on the plane and was questioned by FBI as a witness.
    This would PARTIALLY restore justice without punishing anybody.

    USCIS will be happy as it would take off some pressure from their delays.

    Legislators are happy as more people will be able to vote for them.

    Immigration lawyers are happy as the measure would not take away their revenue, in fact it may even increase it.

    All those who say in numerous interviews on TV “.. we are a nation of immigrants and we support LEGAL immigration but we do not want amnesty…” are happy or would have to admit that they are happy to save the face.

    The current losers in immigration process would automatically catch up (almost) with the luckiest ones.

    Immigrationvoice will be happy as I am sure many current waiters and even those who already got their green cards would contribute to support the measure.

    Anti immigrants are NOT UNHAPPY since the measure does not increase the number of immigrants.

    Employers are NOT UNHAPPY since the measure does not affect them in any way.

    If immigrationvoice has desire and resources to suggest and support a measure to the legislature it better concentrate on this rather that on something like “… make FBI report namecheck results to the applicants..”.
    Of course it would require changes to the current legislature but I cannot imagine that somebody would come out with a sensible reason against it.





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  • logiclife
    11-16 01:44 PM
    Yes, the I94 that was attached to I797 H1 approval of your current employer(the latest H1) is the I-94 that you have to give to authorities when you go out of US to India.

    Some Airports, they collect that at the baggage check-in. Some airports, they collect the I-94 right outside the plane when you are boarding the plane and get your boarding pass scanned etc. But it is your responsibility to give them the correct I-94.

    About the docs required for stamping, I would talk to someone in the consulate (phone them or email them, emails are usually replied within 3-4 days). Copies are good, but original previous H1s, if required, should be with you. If you dont need originals then copies would be fine. I wouldnt rely on websites alone for such important queries. Visa stamping, if gone wrong, could get your stuck for months.

    Ask your previous employers for those. Now that you have left, they should give you those as they dont have any use of them anyways. If they dont, then you can get them from the lawyer's offices. If they dont either, then you can get copies from USCIS(FOIA), though I am not sure how FOIA would work and how long would that take.





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  • webm
    08-27 02:42 PM
    What was the cause for H1B rejection??





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  • GotGoose?
    04-12 04:39 PM
    Cool, thanks! :D



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  • coolgc
    05-08 05:13 PM
    Thank you, indyanguy, morchu and Mr. Reddy for your insights. Since, I am working with the same employer, I think they will not revoke the old I-140. I am not sure if I have to do medical examination again if I decide to send a new I-485?. Can I ask the doctor to re-send the I-693 form?

    Thank you again!





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  • akilaakka
    03-09 11:15 AM
    Stuck no longer in the muck,

    i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.


    I will PM you with my contact info.

    Thanks
    Ramkrishnan



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  • alex99
    09-28 09:03 AM
    Can the employer sue me with a Faxed copy(Signed by me on the Company Letter head.

    Is this a Valid Legal Bond?.





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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.



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  • parablergh
    01-11 01:29 PM
    Just because you are here on an L-1A, that does not qualify you for EB1. The immigrant petition in question is likely the Multinational Manager (MM) I-140. If you were a manager abroad and are performing in a managerial role in the U.S., you may qualify for EB1. As you initially came over in L-1B status, it is more likely than not that you will not qualify for EB1.

    If you were in a managerial role (either functional or personnel) abroad, it may be worth discussing this option with your attorney. Odds are that they already examined this possibility and determined that it was an unlikely to succeed.





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  • lskreddy
    12-11 02:24 PM
    Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.

    Can one apply for an EAD while they are out of the country?-NO

    Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY

    Can one travel when EAD is pending?-YES



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  • kartikiran
    11-11 11:56 AM
    Almond, even i used to think "so close and yet so far". but now have understood, i was never close to begin with...:(
    it is better to accept the reality than trying to live with fool's gold like i did for about 2-3 years...
    So close and yet so far...so damn far.





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  • vin13
    02-19 07:59 AM
    I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI

    1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.

    2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:

    3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.

    So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.



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  • redddiv
    06-29 02:16 PM
    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?

    USCIS will not give you a copy.

    OK There are two places you can find your OPT CArd.
    1. International Students Office of your College (if you had given thema copy, most likely).

    2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)

    Hope you will find Luck with this.





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  • clockwork
    09-06 09:42 AM
    3. Internal memo in USCIS not made public about holding visas for EB3 India etc.

    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -



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  • Asian
    06-14 03:33 PM
    In my humble opinion, I think we all should write more to the main stream media about our stories targeting such as New York Times, public opinion column.

    They may ignore us, but they will begin to be interested as volume increases. I haven't done it myself but I will try.

    Those out there with a good English writing skills, please write more to main stream media.

    I think a little story in the newspaper with a big readership may influence and change the way people think little by little.





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  • check_name
    07-21 02:02 PM
    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help



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  • pthoko
    07-05 03:15 PM
    Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...





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  • radhay
    01-08 11:44 AM
    Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
    The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

    At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
    We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

    Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.





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  • gk_2000
    01-29 08:47 AM
    Obama's point was direct. "Others come here from abroad to study in our colleges and universities. But as soon as they obtain advanced degrees, we send them back home to compete against us. It makes no sense."

    He needs to get his basics right first. What does he mean that they send them back home to compete against US? 99.99% of them apply for H1Bs in the 20K reserved for students and if that quota gets used up, they even are allowed to get into the regular pool of 65%. With minimal knowledge, Mr. Prez is making big comments...More like a joke :D

    You have to remember, he is talking about the present POLICIES, and what your F1 visa expects from you. Not what people may manage to do (by hook and sometimes by crook)





    PD_Dec2002
    06-12 07:18 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them

    What is "evl"?

    Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?

    Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.

    Thanks,
    Jayant





    ilikekilo
    04-17 04:11 PM
    bbct & vin13,

    Thanks for all your feedback.

    I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
    It can not be interchanged since the forms and procedures are different.

    Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.

    We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!

    -GCisaDawg


    Sorry looks like it didnt work out for you..



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