Thursday, June 30, 2011

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  • Blog Feeds
    06-19 01:20 PM
    AILA Leadership Has Just Posted the Following:


    As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."

    Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.

    This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)





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  • voldemar
    01-17 01:50 PM
    I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???
    No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.





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  • mbartosik
    04-08 04:40 PM
    If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.

    So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
    "If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."

    This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.

    ----

    Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.

    ----
    Please comment.





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  • TwinkleM
    04-20 12:58 PM
    @ GreenCardLegion
    Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?



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  • ImmiUser
    12-01 04:58 PM
    so does it means I can have only one GC (I485) processing at a time ? I can't have two GC(I-485) processing in parallel , one dependent I-485 which was filed through my husband's and another one filed under my own GC processing ? Actually, as I already have I-485 filed under EB3 and was planning to file another one under EB2 and though I will take the one whichever gets approved first. Also, this way there will be a backup plan as well. But seems like that is not feasible..huh (





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  • augustus
    06-17 06:36 PM
    Dear All,

    1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?

    2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?

    Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.

    Thank you very much.

    Best Regards,
    Augustus



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  • skd
    08-21 06:14 PM
    Src0725251817





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  • alterego
    01-17 06:28 AM
    Those of you planning to reach the 485/EAD "heaven". Please have a look at this
    link suggesting you apply for EAD 6 months in advance.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Apply too early and you are screwed by an early approval that will render your EAD valid for just 6 months(my last 2 were approved within 2 weeks). Apply too late and risk unauthorised work and or having to get fired/stay off the job.
    All this just weeks after they removed the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days.
    The USCIS is getting very mean with those of us waiting in the legal queue in my view. A lot is going on behind the scenes, I hope we are not all made scapegoats of dumb policy in the end.



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  • bsbawa10
    04-16 01:45 PM
    I have recently filled the USCIS survey. But I am not satisfied with all the questions they have. I want to tell what we want to tell (not what they want to hear)
    I have an idea to send USCIS director information about how they are doing ? (In terms of delays, consistency, customer service, implementation, transparency). This will not cost any dime to anybody and at the same time make an impact.

    Step One:

    One of us can first create a survey on survery monkey (detailed one..with complete description about various aspects of USCIS) . I have created a Draft of the questions which can go in the survey. You can add more (Please do not delete the existing ones).
    The real survey can contain scale of measurement (1 to 10) and also descriptive comments. I can keep the draft open for 10 days before creating/publishing the real survey so that everybody can contribute to creating it. Here is the link to the draft (feel free to add more questions which are to the point and can make an impact)
    USCIS Survey (Draft) - Google Docs (http://docs.google.com/Doc?docid=0ATAcM7NSTN8WZGQ0dmtjbW1fMTYxNTgyMjdwaGM&hl=en)

    Step Two:

    Open/Publish the survery to Immigration Voice users and all other customers of USCIS(Advertise this on the other websites too). We can keep it open for 10 days to get everybody's participation.

    Step Three.

    Get the results and and send the results to the USCIS director(These will contain ratings of where USCIS stands and suggestions for improvements). We can also send them to the President. This has to be a collaborative effort and will only cost .44 cents stamp(not .44 cents each but .44cents only)

    I do not think they measure themselves at all (right now whatever they do is right).
    I think this is nice gift to USCIS which they need desperatly. Also it could be an eye opener.
    Any suggestions to this would be welcome.





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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.



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  • blah45
    12-11 09:28 AM
    I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).

    I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.

    I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?

    I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.

    :(:(:(





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  • tampacoolie
    07-08 06:26 PM
    We need diagnosis code and billed amount for each of these codes. Does any one know what is the diagnosis code for preventive care visit? How do we get the billed amt for these codes ? Any nurses can help us here.



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  • hemanth22
    06-25 04:30 PM
    Gurus
    Please advice.

    The H1-stamp on my passport has expired in 2005. I have an approval for H1 till 2010
    I will be filing 485 / EAD / AP on July 1st in EB2 category.
    Since the 485 approvals are 2-3 years away
    Is it possible to go out of the country for H-1 B stamping or if the EAD/AP gets approved i must go on to that status.
    H1 is preferable since i do not have to worry about work authorization
    whereas with EAD since it expires in 1 year , i will have to keep my fingers crossed and not work till the next EAD gets approved ( after june next year )

    Regards





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  • nik.patelc
    04-08 01:08 PM
    How long it take (in terms day) to receive actual RFE mail notice after LUD status update online about RFE?



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  • Dhundhun
    08-08 01:40 PM
    Folks,
    It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
    What can be done?

    If you meant India, there is one case @
    - mytracker23 India EB2 PD 07/24/2004 approved on Aug 07

    If you meant China, there are couple of cases @
    - greencard1234 China EB2 PD 03/25/2005
    - erlizhinian China EB2 PD 03/26/2005
    - evereadyjoe China EB2 PD 11/24/2004

    But one thing is for sure, NSC has more ROW cases processed/approved, TSC is primarily going/approving India.

    I tried to get info. in http://immigrationvoice.org/forum/showthread.php?t=20710, but no one else reported.

    I was hopeful of my case with Aug 2008 visa bulletin, but seeing the rate/pattern of approval @ NSC (post Apr 01, 2004), now I see no hope in Aug/Sep 2008.





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  • eb2_immigrant
    09-09 12:12 PM
    I got the RFE yesterday for my wifes AP I-131, Its about photo as expected.

    Have you been seeing any approvals for EB2 India lately?



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  • bodhi_tree
    02-21 10:55 AM
    I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.

    My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.

    Would appreciate if someone knowledgeable would comment.





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  • Dhundhun
    06-28 08:06 PM
    I am about to mail the documents for my EAD and AP renewal.

    Current Residence: Missouri

    Could someone please verify the filing addresses for a FEDEX delivery.

    EAD filing Address:
    Nebraska Service Center
    850 S. Street,
    Lincoln, NE 68508-1225

    AP filing Address:
    USCIS Nebraska Service Center
    P.O. Box 87131
    Lincoln, NE 68501-7131

    Addresses are OK, but can you send FEDEX to P.O. Box?





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  • fatboysam
    02-12 08:33 PM
    Thanks for replying, i have some more questions related to this

    Lets say my current employer is A and next employer is B

    1. Do employers normally revoke I140 when employee leaves ?

    2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?

    3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?





    gc_maine2
    05-22 09:21 AM
    Congratulations !!!.Enjoy your freedom...

    i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.

    looks like 2003 pd are starting to get picked up at TSC.

    how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?

    thanks.





    hi there
    10-18 07:18 PM
    yes, I was talking about H1b stamping! Thanks for your reply. That means I need to e-mail them to get an interview slot for my H1b stamping. I don't see any available slots from VFS website for December.
    Thanks once again!



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