Saturday, June 18, 2011

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  • GCard_Dream
    11-28 04:28 PM
    We have been through this discussion already and not everyone agrees with the idea. Some argue that it's not easy to do yet others only believe in hitting the home run and nothing less is acceptable.

    I guess the reality lies somewhere in between.

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  • Tier Bicycle Group (in New

  • sri1309
    08-14 08:29 AM
    Good to see the count already three (here) in just 30 min of posting this idea (IV's one of the peaceful ways). So I am sure there will be huge response. Please spread this message as much as you can, and see if we can gather a good #.
    ALSO we will have to wait for IV Admin to approve this, as I am just a junior member and dont have that capacity. WE MUSt start one more campaign.

    Please spread this among your friends and make a difference. On this INdependence eve, lets work in the same lines as those great people did. We may like one leader or we may not like due to their approaches. But one most common thing you will see in all is UNity in what they did and strength came from there. What we are asking isnt that big a deal to fix. Simple admin fix

    EB3 PD 02/04
    EAD/AP/... 07/07
    485 pending....forever ..
    NOPE.. It shoudlnt be forever.. WE WILL fix this. We WILL try to fix this by a peaceful campaign in 2 weeks if possible. But WE is impo.

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  • Pretty Girl Riding Bicycle

  • gsc999
    05-27 11:04 PM
    Hello Gus
    My understanding is that Sen Maj. Leader and Min leader pick senate
    conferees. Similar with house. Democrats support the bill. Most of the
    republicans oppose it. House and Senate Bill are different like day and
    night. The bill has to pass because.

    1. Enforcement and Boarder protection is highly needed and the house
    really want it. If they need it they have to make some sacrifice accepting
    guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
    which nobody wants.
    2. Election is approaching. Most of the leaders in Rep party openly admitted
    that Enforcement only bill will affect them adversly
    3. Mr. Persident is a strongly supporting Guest Worker program.
    4. If a enforcement only bill is pased thats going to affect the relationship
    with Mexico.

    I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
    if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!


    My understanding is that the legal immigration provisions were dropped from the "Budget" bill because the senate was planning to re-introduce Conprehensive Immigration Reform (CIR) bill. House probably didn't want to address it in an ad-hoc manner. House Rep. have always said, Border first.

    Honestly, from the senate debates it was obvious the issue is border security and illegal immigration. Legal immigrants took back seat in senate. Lets see if their issues are understood and the CIR passes House with the current provisions.

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  • Cartoon Pig Riding Bicycle

  • godspeed
    12-03 07:43 PM
    I think it will effect cases that are not adjudicated also. However u better check with ur lawyer.

    Typically, any new regulations will affect new petitions, historically USCIS did not touch past cases for any new regulation changes.
    But you are right, it doesn't hurt to check with our attorneys.


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  • Cartoon by Minneapolis local

  • bsbawa10
    04-18 07:41 PM
    I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.

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  • stock vector : Cartoon man on

  • logiclife
    05-24 12:17 PM
    Webfax to push Brownback Amendment.

    Latest Update - We have reached our target of 400 faxes. No need to send this fax any longer. We have turned it off now.


    The bill will be passing the Senate soon, and most likely be finalized and voted on Thursday.

    Please bear in mind, that immigration voice DOES HAVE alternate ways to get the amendments into the final text of the bill if both Cornyn and Brownback's amendment are not floored and voted in this final lap of the debate. So please be patient and please have faith.

    The Brownback amendment is a direct result of IV's efforts in Senate offices with QGA's help. The amendment can be read here :

    In order to give one more push to this amendment, we urge you to send a webfax support Brownback Amendment. Its is under the webfax menu as webfax Number 15.

    Please enter your real name,(full name) and your address, phone etc on the webfax before sending it. With a few clicks, your webfax will go to all 100 senators therby generating support for this amendment.



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  • Girl Riding Bicycle clip art

  • chmur
    08-14 03:25 PM
    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.

    From VB

    "Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "

    First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.

    Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.

    Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.

    Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.

    Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you

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  • Dhundhun
    04-27 12:48 PM
    This one is my experience:


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  • DesiGuy
    09-11 11:27 AM
    found this excellent details and thought should share it. :)
    Have also highlighted #6 where HR 5882 is currently at

    GOVERNMENT 101: How a Bill Becomes Law


    Legislation is Introduced - Any member can introduce a piece of legislation

    House - Legislation is handed to the clerk of the House or placed in the hopper.

    Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.

    * The bill is assigned a number. (e.g. HR 1 or S 1)
    * The bill is labeled with the sponsor's name.
    * The bill is sent to the Government Printing Office (GPO) and copies are made.
    * Senate bills can be jointly sponsored.
    * Members can cosponsor the piece of Legislation.


    Committee Action - The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

    Committee Steps:

    1. Comments about the bill's merit are requested by government agencies.
    2. Bill can be assigned to subcommittee by Chairman.
    3. Hearings may be held.
    4. Subcommittees report their findings to the full committee.
    5. Finally there is a vote by the full committee - the bill is "ordered to be reported."
    6. A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
    7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.
    8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires 2/3 vote)2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.


    Floor Action

    1. Legislation is placed on the Calendar

    House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)

    Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

    2. Debate

    House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.

    Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."

    3. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.


    Conference Committee

    1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
    2. If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
    3. The conference report must be approved by both the House and the Senate.


    The President - the bill is sent to the President for review.

    1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
    2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
    3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.


    The Bill Becomes A Law - once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.

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  • kevinkris
    08-28 01:47 PM
    Hi deafTunes123,

    I went to infopass yes'day, mainly to confirm my priority date. My employer used RIR labor and ported to PERM. Not sure of the PD, so took infopass.

    She printed the screenshot and given me.

    Find the screenshot attached. Preference E21 is EB2.
    E31 is EB3



    I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?

    Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.

    Overall the Field Office people were polite.


    EB3 INDIA:

    PD: Jan 21, 2004
    I-140 approved: July 2005
    I-485 ND: 09/04/2007
    RD: 07/03/2007

    EB2: (Same Employer)
    PERM: Jan 21, 2007
    I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.

    Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
    Hoping that interfile is success.


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  • We saw this editorial cartoon

  • gcnirvana
    12-05 02:45 PM

    Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
    Current I-797 : From 02/24/2006 to 04-Jun-2007
    3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010

    In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?

    1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
    2. the date I went for interview till 04-Jun-2010??

    If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?

    I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(

    Thanks in advance for your responses...

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  • HV000
    03-06 06:35 PM
    Thank you ALL for your responses!!! Last few days have been like hell for me. I'm trying to stay of H1B since i am NOT married.


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  • Bike blog : Cartoon from the

  • Radharamesh
    04-22 05:06 PM
    I have been working for company A for last three years and they filed for H1 extension with Vermont service center under premium processing and today my company fot a fax from USCIS asking some questions regarding my managerial qualifications even though they have filed my application based on senior analyst programmer position. In my department I am the only programmer under my manager. Others are data analyst person and they directly report to my manager. Here are the following questions that has been asked by the USCIS:
    ************************************************** ********
    Provide a short answer to the following questions:

    How many subordinate supervisors were under the beneficiary's management ?

    What were the job titles and job duties of the employees managed ?

    What executive / managerial and technical skills were required to perform the overseas duties ?

    What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.

    A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.

    ************************************************** ********

    My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?

    Did anyone received a letter like that before ?

    Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?

    How we should approach the answer to the above questions ?

    Any uick help will be appreciated as we have to reply to USCIS very quickly.

    thanks in advance

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  • glub
    04-03 01:17 PM
    This is also key for people having questions about travel on AP:

    AILA requests that USCIS confirm in a policy memorandum that an individual whose application for adjustment of status remains pending is lawfully present in the United States regardless of the fact that the individuals advance parole related Form I-94 may have expired.

    Response: No unlawful presence begins to accrue upon the expiration of an I-94 where the subject of the I-94 has an I-485 properly pending before USCIS.
    We will review whether your concerns warrant clarification in the form of a policy memorandum.


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  • Templarian
    04-03 01:11 PM
    pokes Kirupa

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  • gagbag
    06-14 08:40 PM
    I have a big hunch that CIR is some how related for making the dates current. This may be a shrewed strategy to keep the legal immigrants quiet and then proceed to "illegal" game.

    It may quiet happen that even with 485 filled we get our green card applications revoked due a backdoor ammendment by Grassley.

    This might be planned trap.....


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  • krishnam70
    02-15 03:34 PM
    I didn't send a certified mail but I have a reply to my email saying that they didn't received the statements from the Insurance Company and we can still report those missing wages without a W2 from the company.

    Can we use this as a proof of contacting employer requesting for a corrected W2?
    Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.

    Yes, make sure you give your employer the benefit of doubt by sending the documents via certified mail and acknowledgment received/delivery confirmation.Make sure you mention that you need it amended to file for taxes and will be forced to report otherwise. Follow that up with an email via delivery confirmation option to make sure its been received. If nothing happens from your employer in consultation with your tax consultant file a complaint.

    good luck
    Do speak to your attorney/tax consultant for a legal opinion

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  • pappu
    02-22 10:42 PM
    Take your emails, faxes and letters one step further now. Pls try to set up appointments with lawmakers of your state. Get active in your state chapter. If it is inactive, activate it yourself. If you dont have anybody to help you, then do it yourself and meet your lawmakers. It is important for our success.

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  • doubleyou
    03-02 03:35 PM
    Thomachan 72, if you have already submitted a non avialability birth certificate, if you submit a birth certificate then will the immigartion not question as to how do you have a birth certificate now.

    any body else done that.

    also all documents have to be before the day submitted of i485.

    02-29 11:53 AM
    Dear members,

    I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

    I appreciate your help

    You have not mentioned whether your I-140 is still pending.

    If your I-140 was approved already, then you can use AC21 portability.

    If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.

    The above memo is relevant to I-140 pending situation.

    08-18 12:47 AM
    I would advise you to look at RFE very carefully, Sometimes they issue RFE that may read to include more than one kind of proof so you may be able to submit alternative proofs such as affidavits, wedding pictures, wedding invitaion etc. I am just throwing an idea here.

    I got a chance to take a look at 140 RFE that was issued recently. The language used was pretty broad for certain kind of proof they were requesting. You may have a chance to submit alternatives.

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