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Saturday, June 11, 2011

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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?





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  • sanju
    03-06 02:59 PM
    What are you talking about?
    Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?

    Am I missing something?

    Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.





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  • martinvisalaw
    06-15 04:52 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely

    1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

    2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

    3. Yes, you can apply for an EAD and AP with the 485.

    4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

    5. I will send you a private message re fees. Thanks for the inquiry.





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  • webm
    10-23 10:40 AM
    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.

    ASAP if you can and before the termination expected to happen.

    User Search in this forum there are lots of threads on the same topic.



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  • walking_dude
    03-17 03:28 PM
    By contributing monetarily to IVs lobbying efforts.

    IV keeps monitoring the newly presented bills in both houses of Congress through its lobbysists and attempts to attach increase to EB quotas to such bills. These efforts require lobbying the US Congressmen and lobbying requires money.

    Since IV has limited number of recurring contributors and one-time contributors it has a limited budget. Also, this being an election year chance of any major immigration-related bill passing is remote (immigration being a politically sensitive subject ). Hence IV has been lobbying for Administrative fixes, in the interim, which are more achievable.

    If all the IV members become regular contributors, IV will have surplus funds so that it can lobby hard and with more lawmakers to include EB GC increase in all possible legislations.


    I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.

    How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?





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  • frostrated
    09-14 04:23 PM
    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

    Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
    In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
    If you have no option for getting a visa, then I would not travel without the travel doc.



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  • mkumar
    10-09 11:46 AM
    Great to see some activity in Arizona. I am in Phoenix and will show up for a meet and greet!





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  • wandmaker
    02-11 08:01 AM
    i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
    My question to you .. my lottery case priority date can be use for my eb3 case?

    IV and its members support only legal immigration. You violated the law by overstaying your visa, dont seek help/advise here, consult with your attorney.



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  • sapota
    12-12 06:19 PM
    How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??

    Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.





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  • tinku01
    07-16 04:22 PM
    Bluez,

    How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.



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  • wellwishergc
    01-03 08:28 AM
    Contributed 20$ this month; will be making a monthly contribution of 20$ until the SKIL Bill or CIR bill is passed

    My contribution is on way too.
    Confirmation no:5YP659022V963134M





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  • neoneo
    07-30 12:03 AM
    IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)

    So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".

    I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.

    I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.

    Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?



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  • gg_ny
    08-21 09:20 AM
    Is there a chance to attach SKIL provisions towards higher degree GC retrogressed applicants to this appropriation efforts?

    http://www.sciencemag.org/cgi/content/full/313/5789/898

    Congress Quietly Tries to Craft Bill To Maintain U.S. Lead in Science
    Jeffrey Mervis

    In the dog days of August, while most members of Congress are back home campaigning for reelection or on holiday, a small group of staffers is at work in Washington, D.C., on legislation that could influence science spending for years to come. Their goal is to craft a broad bill aimed at bolstering U.S. competitiveness that Congress could pass before the November elections.

    They face long odds. The White House has already expressed reservations about some aspects of the legislation, and the congressional calendar is short and already very crowded. Although Senate leaders say they are committed to the goal, House leaders appear less enthusiastic. But a powerful coalition of forces, including business leaders who can bend a member's ear, is keen for Congress to act. "Legislation would show the public that our nation's leaders have a long-range plan of action on U.S. competitiveness," says Susan Traiman of the Business Roundtable, a consortium of 160 CEOs from across U.S. industry.

    The legislation draws upon several efforts over the past year examining the status of U.S. science and technology, including the National Academies' Rising Above the Gathering Storm report and the National Summit on Competitiveness (Science, 21 October 2005, p. 423; 16 December 2005, p. 1752). In February, the Bush Administration proposed starting a 10-year doubling of basic research at the National Science Foundation (NSF), the Department of Energy's (DOE) Office of Science, and the National Institute of Standards and Technology's (NIST) core labs (Science, 17 February, p. 929) as part of its 2007 budget request. And the initial funding for what the Administration has dubbed the American Competitiveness Initiative (ACI) is working its way through the legislative process.

    Science advocates can't say enough about the importance of ACI. But they believe even more is needed to improve math and science education and enhance U.S. innovation. Taking their cue from Gathering Storm and other reports, legislators from both parties introduced a fistful of bills earlier this year that would expand existing research and education activities at several agencies and set up new programs (see table).

    Unlike annual appropriations bills, which determine how much each federal agency can spend in a given year, these authorization bills set desired funding levels over several years. Although they don't provide the cash, they can build political support for ongoing spending increases. Notes one university lobbyist: "You want Congress on record and the key committees behind an authorization bill, so that they can bail out appropriators when they hit rough seas."

    The goal of the quiet negotiations taking place this summer is a single bill. But the calls for increased spending are a sticking point for a Republican Party whose president, George W. Bush, has repeatedly pledged to reduce the federal deficit and whose congressional leaders hope to campaign this fall on their success in shrinking government. Several of the bills also expand NSF's role in science and math education, a position that clashes with the Administration's plans for the Department of Education to lead efforts to improve math and science education and manage all the ACI's education components.

    Presidential science adviser Jack Marburger emphasized those points in hard-line letters this spring to the chairs of the committees as they prepared to vote out one of the Senate bills (S. 2802) and two House bills (HR 5356/5358). The Senate measure, Marburger warned Senator Ted Stevens (R-AK) on 17 May, "would undermine and delay" ongoing research at the three agencies, "duplicate or complicate existing education and technology programs," and "compete with private investment" in both areas. The House bills, he told Representative Sherry Boehlert (R-NY) on 5 June, "would diminish the impact" of the requested increases for the three ACI agencies.

    Boehlert says he was "quite disappointed" by Marburger's letter, noting the president's declaration in his January State of the Union address that the country "must continue to lead the world in human talent and creativity." Boehlert added, "I thought that we had been working with OSTP on these issues," referring to the White House Office of Science and Technology Policy that Marburger heads.

    Three weeks after the House committee passed both bills, �berstaffer Karl Rove, new domestic policy chief Karl Zinsmeister, and a score of high-tech industry and academic lobbyists met at the White House to discuss the pending legislation. Although nothing was resolved--some participants say Rove and Marburger scolded them for supporting the bills, whereas others say there was confusion over the various components--the White House told the lobbyists that its Office of Legislative Affairs, led by Candida Wolff, would be taking the lead in trying to craft an acceptable bill, pushing OSTP to the sidelines. In the Senate, lobbyists are heartened by the willingness of Senate Majority Leader Bill Frist (R-TN) to negotiate with the three chairs whose panels must sign off on the legislation--Stevens, Senator Pete Domenici (R-NM), who leads the Energy and National Resources Committee, and Senator Mike Enzi (R-WY), who heads the Health, Education, Labor, and Pensions Committee. Another important player, Senator Lamar Alexander (R-TN), acknowledged when he introduced a trio of bills in January that some of his colleagues "may wince at the price tag" of the legislation. But he cautioned that "maintaining America's brainpower advantage will not come on the cheap."

    Although none of the staffers involved would speak on the record, several confirmed that talks are taking place "on a regular basis." They say Frist is determined to cobble together a single bill--with lower authorization levels and fewer new programs than in any of the pending versions--that the Senate could adopt during a 4-week window in September. Prospects in the House are less certain, although Boehlert says, "Hope springs eternal that we'll get an opportunity to go to the floor in September."

    Optimists, who hope that all sides will view a competitiveness bill as an asset heading into the November elections, dream of an Administration that accepts a competitiveness bill in return for getting its ACI education programs authorized. Pessimists worry that the House leadership will scuttle the effort by portraying the bills as a vehicle for "wasteful spending" and "a bloated bureaucracy." And although nobody's betting that Congress will act this year, nobody has thrown in the towel.





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  • sandy_anand
    01-24 09:38 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.



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  • realizeit
    03-20 02:13 PM
    The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.

    If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.

    The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.

    Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.

    Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.





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  • gc_in_30_yrs
    10-03 11:52 AM
    That is why you ALWAYS should keep a copy of ANY I-94 you are issued, whether at the border, the airport, or as part of your I-129 approval.

    This also serves the purpose of proving that you maintained legal status throughout your adjustment period, AND should you need to cliam back time against your H1-B 6-year clock, you have concrete proof of every entry (and USCIS can match this against their proof of your departures).

    This is not rocket science, people.

    Ofcourse, this is not rocket science. But we need to take a copy of all I-94's we received is new to most of us. I recently came to know that I need to have all of these copied before surrendering before leaving the country.



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  • life99f
    06-18 11:25 PM
    Part 2 application type
    I use EB3 , which one should I check? a ?
    my wife file with me, which one should she check? b?

    part 3 processing information
    were you inspected by a US immigration officer? yes or no

    what does the "inspected" mean?





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  • sansas
    01-21 07:28 AM
    hi dionysus
    i got this from some requirement agencies





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  • micofrost
    07-16 02:59 PM
    Hi,
    My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

    Please let me know if PCC is must from US consulate only

    Admin :
    This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?





    bluez25
    08-26 02:18 PM
    also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.





    americandesi
    10-26 02:29 AM
    You're right. Something got busted for sure. Admin, please look into this.



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