Tuesday, June 21, 2011

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  • akred
    07-14 11:05 PM
    What was 245(i) amnesty?...just curious

    Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.

    Btw if you do not support DREAM ACT than you shouldn't be on this forum...

    At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.





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  • abhijitp
    01-15 10:52 PM
    1. contact all your IV friends
    2. contact all your friends in the USA (whether or not waiting for GC)
    3. talk to your neighbors in your apartment community
    4. hand out bills that describe this action item (We need a poster for this purpose)

    In each & every case, offer (as the last option) canned letter format to be filled out and signed... you then photocopy it and mail it!





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  • venkygct
    08-31 08:31 PM
    Today many folks from CA showed interest in joining the rally. They are yet to submit their vote.

    Folks who are on the fence, decide and act FAST. This is going to be a historic event..Don't miss it !





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  • lazycis
    02-28 01:49 PM
    Can you please let us know the URL for the latest name check FAQ posted today.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596


    Questions & Answers
    BACKGROUND CHECK POLICY UPDATE
    Q1. What applications are affected by this policy change?
    A1. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q2. How has USCIS changed its national security requirements?
    A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

    Q3. How has USCIS changed its adjudications requirements?
    A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
    (more)

    Q4. What happens if USCIS later receives adverse information from an FBI name check?
    A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
    Q5. Why is this policy being implemented?

    A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

    Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
    A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

    Q8. Does this policy change affect naturalization applications?
    A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

    Q9. How long will it take for USCIS to work through the cases affected by the policy change?
    A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    (more)

    Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
    A10. No.

    Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
    A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

    Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
    A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
    – USCIS –



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  • Hydro
    03-17 01:35 AM
    Helo all,

    My mom had filed for an F2B category immigrant visa for me. Consequently, I attended an interview at the US consulate in Chennai, India and was given 221 (g) blue slip and asked to wait. When I contacted the embassy after 3 months I was asked to wait as my case is under administrative processing due to name check.

    Any idea how long more I shud be waiting, andyone in the same boat

    thnx





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  • chanduv23
    09-19 04:15 PM
    IV is not a mere website but an Organization. 95%% of IV activities happen as an organization - the website is just an interface. So you may not know what is happening and not properly informed

    Juluy reversal was easy - all they had to do was fi a screwup, but changing legislation is not so easy. Companies, Lawyers, everyone have been trying hard to convince law makers to bring in changes to legislation - this effort has been happening for a long time - It is just not one rally that will solve the problem.

    To bring i legislative changes some amount of activism also is necessary at times to wake up people.

    IV is backed by Lawe Firms and Employers and is the largets grassroots organization for Skilled Immigrants.

    A massive mobilization effort is the only way we can see results and the capacity to do that is only in the hands of IV - primarily because of the membership base and efficient leaders, very honest and sincere leaders etc...

    In the past alsothe only way changes started happening in legislation is by grassroots movements only.

    Yes, to answer your question - we are not sure if issues will be fixed, but then we are making a headway.

    There may be more activities and rallies in future, IV follows stuff with strategy.

    Yes, you can definitely help IVs cause by being a sincere and honest and dedicated member of IV.

    Please support IV to support yourself



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  • jonty_11
    08-22 02:17 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C
    Please stay tuned.
    check b4 u post man....this thing has been cut and paste a billion times...
    Concentrate on the DC Rally instead plz





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  • missourian
    05-29 05:31 PM
    Friend,

    Thanks for the update , Yes just now I tried and I got following error from webfax, will try again and count me in I will be sending the fax.

    Immigration Voice Web Fax
    Message was not sent
    Mailer Error: Language string failed to load: recipients_failedivwebfax@gmail.com



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  • munnu77
    02-21 04:55 PM
    why r we wasting time in such a useless topic...
    those who really want to help IV financillay and r backing off frm just some false rumours...

    Go to the post Office and send a money order...so tht u dont have to worry abt anything...anyway..its a matter of time u will know all theses rumours were false...

    We might succeed in ending GC retrogression...but i am sure some desi minds will retrogress for the next 100 years...





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  • Kitiara
    02-03 06:27 AM
    Pixel art is <i>hard</i>. :smirk:

    Eilsoe and Soul are neck and neck at the moment. Gripping! :beam:



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  • raysaikat
    01-06 12:44 AM
    What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?

    I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?

    I have never heard such a case after "Droupadi".





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  • vishwak
    11-10 04:02 PM
    Tomm is Veterans Day holiday and as usual person who responsible might have left in noon without posting it.

    I know its rotten joke, please bear with me.



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  • Ramba
    09-27 03:05 PM
    It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.

    Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.

    At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.





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  • v7461558
    07-17 09:56 AM
    Looks like it took it a bit to propagate across USCIS servers. Or else, they put it up and took it down, then put up again.

    With the EAD at Nebraska officially being at 112 days (zero movement since June 18 processing times release), it is no surprise they don't respond to expedited/interim EAD requests anymore when it goes over 90 days. Will we have to file mandamus suits on EAD soon?



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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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  • cjagtap
    08-01 12:05 PM
    mine reached at 10-23 am -2 nd july,by some L.ARMSTRONG guy..no receipt yet,no check cashed



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  • chaganti
    07-31 10:12 AM
    Hi,
    Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.

    Thanks,
    AC





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  • GCBy3000
    05-22 04:06 PM
    Illegals will lobby hard now for discrimination against Z category and come up with amendment, not to allow employers to ask for their status. For sure they will get this one under the protection act of discrimination.

    Employers will not be allowed to asked the status. You are supposed to give your Z-plastic card after you accept the offer and the prospective employer accepts you. If he fires you since you are Z-class, then you are eligible to sue the employer for 1 mil $$. These are the amendments that will be passed along with this stuppp...d CIR.

    GO ILLEGALLLL is the message for everyone. By the way, dont forget to get your parents / sisters / grand father / etc just few days before this law passes. Throw the passport away and let them claim that they are here for the past few years.

    I was thinking how to get a high tec job with Z visa. Because you might need to tell the employer that you are on Z visa. Tech employer might be hesitent to give us job on Z visa.

    But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.





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  • iad2ead
    12-19 01:53 AM
    If I try to use my AC21 then does title matter?

    Example:
    new offer has a title of "Lead software engineer".Current position is "Systems
    Engineer".

    Gurus please help

    Iad





    JakeLeone
    07-21 06:57 PM
    Hi,

    If you check the bright future jobs website, you will not find any reference to such a "Call".

    Beware, calling the number might expose your phone number, and you might become a victim.

    Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.

    I hope the deranged person who originally posted the message can receive help soon.

    BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.





    Kitiara
    02-03 06:27 AM
    Pixel art is <i>hard</i>. :smirk:

    Eilsoe and Soul are neck and neck at the moment. Gripping! :beam:



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