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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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  • gc_check
    04-09 07:27 AM
    The indian consulate needs a proof of address for me and my wife
    We sent them the Property tax bill and hoped that it would work but get this mail from travisa

    Proof Of Residence - Unacceptable
    The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.

    Now why does not a property tax not work ? it is issues by the county.

    We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill

    Any suggestion ? or anyone had a similar issue ?

    Thanks in advance !!

    Sorry abt. that. Send other documents to show proof of address. Interesting to know, they are not accepting "Property Tax Notice" as proof of address. I happened to send the "Property Tax Notice" too, as it includes my wife's name, but also included the Driver's license for us both and it got accepted. You will have to attach copy of your Immigration Document as well, if you have EAD/AP or any other Document with current address and your Driver's license, you should be okay. Try calling them to discuss, they are pretty good in answering phone.





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  • GTGC
    03-16 10:36 PM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!





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  • EndlessWait
    01-22 04:59 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

    if your application is fine, there is no reason for you to worry. sometimes mistakes can happen..but i dont think you need to worry too much..its like having a heart attack while going to the movie..u can't plan for everything..

    :-)



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  • oaktree
    01-12 12:57 PM
    Dear Attornies,experts

    My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..

    Can I have multiple PERM applications from multiple employers at the same time, with different position titles?

    Is there anyway of taking advantage of the old priority date application that was denied with a new application.

    I almost lost 2 years in priority date because of this denial...

    Please suggest...





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  • rsayed
    04-30 03:09 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    ...Now, THAT was quite a scare! Thx. for the clarification.



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  • kaarmaa
    08-14 11:06 PM
    Further, this proposed rule would remove an alien’s reliance on the Visa Bulletin to determine visa availability and therefore eligibility to file for I-485. Instead, the rule will propose that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS

    Interesting. The way I understand this is - EB applicants need not wait for PD to be current to file I-485 application. However, the news article does not give any clear details on the actual processing or its source.

    I would definitely prefer an EAD over waiting. Lets see..





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  • golucki
    07-27 11:57 AM
    Congrates!



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  • BECsufferer
    07-01 07:07 PM
    Hi!

    My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.

    How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?

    Please advise.

    OBGyn is generally 4 yr residency and knid of competitive these days. And yes u have to clear Step 1 and 2 definitly.

    Had u been from middle eastern country, Hurley Medical Center in Flint would have been easy to go program. And if you are from certain part of India ( I'll give Satyam as hint ;)) , Synergy in Saginaw, MI would have been #1 choice.

    No offense to anyone, so lets keep peace. :cool:





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  • rsharma
    10-11 09:42 PM
    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?

    Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.

    I was with one of the major consulting companies from my native country.



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  • lostinbeta
    10-05 04:08 AM
    That sucks about the comp not being able to take it. I know what that is like all too well.

    I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.





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  • Berkeleybee
    05-16 01:28 PM
    All,

    We had always intended these forums to be mainly focused on IV's agenda and legislative strategy.

    Up till now, IV's agenda has mainly been discussed in the "Green Card Retrogression" forum. We are creating a forum where we will only discuss those issues -- "IV Agenda and Legislative Strategy"

    Example Topics:

    Forum: IV Agenda and Legislative Strategy

    IV Fundraising, News Articles on CIR issues, Current Bill Text Analysis

    Forum: Green Card Retrogression

    Visa Bulletin, assorted I-485 issues


    I would also like to gently remind you that IV does not condone or endorse any discussions of methods to outgame the system -- by filing paperwork that does not match the facts etc. Several members have drawn our attention to posts that come close to crossing this line.



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  • vin13
    09-10 09:02 AM
    As the health care debate draws more hate against �illegal immigrant coverage�, the Democratic Senator charged with introducing immigration reform legislation is making more excuses instead of moving forward.

    Sen. Charles Schumer, D-N.Y., has decided to delay introducing legislation to overhaul the nation�s immigration laws in hopes of bringing more senators on board and crafting a bipartisan bill, his spokesman said Tuesday��We are pleased with the framework we have put together so far and the broad-based support it has gotten from a diverse group of those interested in this issue,� [Brian] Fallon said. �The fact that health care is taking longer than expected gives us additional time to now shop our ideas to a number of Republicans to see what they think and what changes they suggest.�





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  • deafTunes123
    06-14 07:43 PM
    Income earned thru rent is considered as Un-Earned Income. All the un-earned income (i.e. that you get by not working) is not subject to social security taxes. But any income earned(working or stocks gain, house rent etc.,) is always considered as Income. Income( i.e. Earned or Un-earned) is always subject to tax as per IRS.

    So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.

    My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.



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  • MrDesi
    02-07 06:04 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    Thanks a Lot kshitijnt.





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  • rsdang
    08-22 12:11 PM
    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet

    You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.

    They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.

    NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.

    Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...

    Hope this helps



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  • harivenkat
    05-06 09:33 PM
    Senator Bob Menendez (New Jersey)'s no. is (202) 224-4744
    I called him yesterday... his staff is very friendly they take your name and message and pass it on to him,,, today Senator Menendez has chided Obama

    Immigration overhaul: Sen. Menendez chides Obama; Sen. Schumer appeals to Arizona governor - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-immigration-20100507,0,1561517.story)


    Senator chides Obama as pressure rises on immigration
    A Democratic leader says the president must treat the overhaul with more urgency. Schumer writes to the Arizona governor, hoping to delay a controversial state law.
    By Peter Nicholas, Tribune Washington Bureau

    A key Senate Democratic leader said President Obama must treat the immigration crisis with far more urgency, as pressure over the issue intensified across the country Thursday.

    Sen. Robert Menendez of New Jersey, an Obama ally and one of a handful of Democratic senators shaping an immigration proposal presented last week, faulted the president for suggesting on Wednesday that an immigration bill won't be finished until 2011 at the earliest.

    "Telling people we're not going to get a legislative solution this year, or to suggest maybe that it's not possible this year, is not in the best interests of the nation," Menendez said in an interview in the Capitol.


    At the same time, legislators and activists took steps Thursday to head off policies that they contend unfairly target illegal immigrants. Sen. Charles E. Schumer (D-N.Y.) asked Arizona's governor in a letter to delay enactment of a tough new law that criminalizes the failure to carry immigration papers. Schumer also asked for a meeting with the governor, Republican Jan Brewer.

    And one Latino advocacy group, unhappy with what it sees as Obama's aggressive deportation practices, said it would attempt to end-run the president. The group said it would send a Mother's Day letter to First Lady Michelle Obama, telling her that deporting people is destructive to families.

    The developments reflected mounting frustration over the immigration question. Speaking at a Cinco de Mayo reception in the Rose Garden on Wednesday, Obama promised to "begin work" on an immigration bill this year, but set no deadline for completion.

    His press secretary, Robert Gibbs, sounded a more pessimistic note at a briefing Thursday. Asked why the White House doesn't push ahead with an immigration bill as it has with other legislation that lacked a bipartisan consensus, Gibbs said: "Well, because there's not enough support to move forward."

    Even if prospects for an immigration overhaul are dwindling, the White House shouldn't give up, proponents insisted. Menendez said he had asked the White House to host a major summit devoted to the issue, modeled after the healthcare summit in February. Invitations would go to House and Senate lawmakers from both parties, with a block of time set aside for hashing out differences.

    A White House official who was asked about that idea Thursday said: "We are continuing to examine all of the options for moving forward with a bipartisan conversation."

    Always a divisive issue, illegal immigration is generating renewed bitterness on the right and left of the political spectrum. Part of the upheaval springs from the Arizona law. But advocates for Latino interests are also resentful of the Obama administration's enforcement policies.

    A memo by the head of U.S. Immigration and Customs Enforcement showed that the agency wants to deport 400,000 people a year � more than double the number in 2005.

    Menendez called on the president to order a less punitive approach. Deporting people when "counting is taking place" during the decennial census is "reason alone" for suspending the practice, he said.

    In the hope that Michelle Obama might prove a softer touch, the National Alliance of Latin American and Caribbean Communities said it would send a letter to the first lady inviting her to intervene.

    Michelle Obama has taken a largely apolitical posture since her husband became president. Choosing sides on such a fraught issue would be out of character, but the alliance is appealing to her "as a mother."

    "Deportations have reached record levels under President Obama's administration. For each person deported, there are young children left behind who are denied the right to be cared for by their parents," the letter to Michelle Obama reads.

    With Arizona's law scheduled to go into effect in July, Schumer hopes to derail it by convincing Brewer that a better solution is on the horizon.

    He asked her to wait one year while Congress puts in place an immigration system that would provide tough border security, a foolproof identification system so that undocumented workers can't get jobs, and a path to legal status for the 11 million people living in the United States illegally.

    Delaying the Arizona law would require state legislative action. Arizona officials did not respond to requests for comment.

    Conceding that Republican support is lacking in the U.S. Senate, Schumer also asked Brewer to help round up GOP votes, including those of Arizona's two senators, John McCain and Jon Kyl. So far, no Republican lawmaker has agreed to support the effort.

    Schumer wrote that a comprehensive immigration bill is the best remedy.

    "I simply do not believe the remedy Arizona has enacted will succeed in resolving the problem it is designed to address," he wrote.





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  • vin13
    07-14 09:22 AM
    No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.





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  • indyyy
    07-18 09:40 AM
    My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
    Sick and tired of waiting ...





    msyedy
    12-13 12:03 PM
    What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.

    Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.





    whoever
    09-29 03:42 PM
    Anyone have a clue?



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