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  • Sheila Danzig
    07-26 07:30 AM
    3+3 are routinely accepted. I would be shocked if this is the reason. You should know the reason very soon. I know it is very hard to wait, but there is no choice.

    In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.





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  • Googler
    06-18 08:23 PM
    Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:

    "(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."

    please please stop reading the old bill

    the new one is on the iv home page

    or in thomas look at sa.1150 under the s.1358 bill

    Thanks for pointing that out Paskal. I stand corrected.

    S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:

    SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.

    (a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:

    ``(e) INTERAGENCY TASK FORCE.--

    ``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.

    ``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.

    (b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.

    (c) REPORT ON BACKGROUND AND SECURITY CHECKS.--

    (1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.

    (2) CONTENT.--The report required under paragraph (1) shall include--

    (A) a description of the background and security check program;

    (B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;

    (C) a statistical breakdown of the background and security check delays by applicant country of origin; and

    (D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.

    Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.





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  • eb3_nepa
    08-25 12:01 PM
    Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.

    As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.





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  • Friend
    02-15 10:51 AM
    Best thing is call the customer service and explain step by step.
    also take an infopass appointment and explain.

    What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.



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  • fatjoe
    09-02 10:57 PM
    Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.





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  • arihant
    10-26 09:37 AM
    I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.



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  • burnt
    12-12 03:39 PM
    No questions asked about visa or 485. Just had to show my passport and AP document :)


    Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...

    Do you know of someone who was asked for the I-485 receipts on their way back?





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  • logiclife
    02-23 11:28 AM
    Hi,

    Thanks for all the questions.

    I will answer as much as possible without causing any damage to ongoing efforts. Please keep
    in mind that not everything can be disclosed on public forums.

    1. Funds:

    We have about 30,000 collected so far. Major expense of running this organization is the fees for our lobbying firm QGA. Minor expenses include administrative costs such as website registration(one time), Organization registration in New Jersey(one time) etc. Other than that, we also have some advertising expenses as we put up ads on some popular websites. Sometimes we have to hire lawyers for certain org activities but those are minor expenses again. We are also paying for the webfax feature but not sure how much. Please dont suggest the free versions of webfax because they dont work and they DID NOT WORK during S 1932.

    Please keep in mind that we are avoiding expenses as much as we can that results from members travelling to DC and so far all those expenses have been out of pocket.

    QGA is currently working for us right now and we do not have to wait until we have 200K in the bank for QGA to start working.

    The board members of IV(Board of directors) would decide if all the financial information could be made public to members on website for accountability reasons and transparency reasons without damaging anything else.

    2. Labor backlogs:

    Labor backlog problem is an administrative problem, not a legislative problem. There is nothing that is stopping the BECs from doing their job more efficiently as there is no quota restriction mandated by law on labors approved each year. That is the reason it is under "Administrative Goals". Would any law help improve labor backlogs? No. can we still involve congress in it? Yes. It is the intention of IV to draw the attention of lawmakers to the horrible job BECs have done so far as it is the constitutional right and privilege of congress to overlook and oversee the job of the executive.

    However, if a backlog victims asks: How much of money/effort is going towards backlog and how much is going towards retrogression? I dont think anyone can answer that question. To be frank with you, this is not like cable TV where you pay $35 for basic cable and then you pay $7 for HBO and $7 more for cinemax etc. IF you think you do not want to contribute money no matter what...here is another choice: Use the resources tab to contact your local congressmen, write letters, send webfaxes etc. Use endorsement of Richard Florida. Prepare a glossy set of documents and drive to your local congressman's office(after appointment ofcourse) and talk to their staff. YOU HAVE THE POWER. ITS IN YOUR HANDS. Immigration voice is not a company providing a service to EB immigrants, its made up of EB immigrants who are serving themselves. See the "TEAM IV" menu on homepage.

    [B]3. Sharp drop in contributions:

    Yes, there has been a drop in contributions since one week. Part of the reason is that we have 30K which many members may feel is still in the bank. But please understand that we are using those funds and we will run out of them eventually and we would like to keep this effort ongoing until we meet our goals. Quite frankly if the current slowness of funds continue, we cannot last very long.

    4. Contacting the lawmakers on your own:

    Use all the links under resources tab to learn how to meet your lawmakers. Like I've said before, you owe it to yourself, not to immigration voice to work on this cause. Best case scenario of doing something: We make a difference. Worst case scenario: Nothing happens besides a polite reply from lawmakers' staff.



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  • IfYouSeekAmy
    01-20 02:45 PM
    OK OK, EB1 kicks ass too !!!! :D

    If they are so good, Show the list of names.

    Any EB3 started big company after getting Greencard? Any EB3 invented after getting Greencard?





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  • tonyHK12
    02-11 11:57 AM
    Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?



    The way we get this Bill and others like this to move forward is meeting lawmakers, and taking part and supporting our Advocacy days effort on April 4th and 5th this year.



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  • javadeveloper
    09-23 08:53 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi
    Man why you need reciepts?





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  • YesGC_NoGC
    01-09 04:35 PM
    I know atleast 2 in my close group.


    What are you trying to get to?

    talking about only personal friends or co-workers. Please do not vote yes if its some body you don't know but heard of.



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  • eb3retro
    09-22 07:41 PM
    For some reason, I feel that this is just the beginning. Hope I am wrong..





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  • kaisersose
    12-07 11:54 AM
    EB1 is typically for Phds with solid publications behind their belts.

    In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

    There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

    complete education at age 22 and join company x as a software engineer
    get promoted to Project manager at age 27 (5 years later)
    come to the US at age 28 ( a year later)
    apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
    get GC at age 29

    you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!



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  • optimistic
    08-01 10:58 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

    Yes, she can go alone.
    The following is the list of documents that may be required to be produced at the American embassy for visa H4:-

    1. marriage registration certificate-orignal
    2. Wedding photos
    3. Wedding invitation cards
    4. Copy of labour condition application of principal applicant
    5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
    6. copy of I-797 notice of approval of principal applicant
    7. Passport copy of principal applicant (all pages)
    8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
    9. I-129 form of principal applicant-copy
    10. Principal applicants letter of offer from US firm-copy
    11. Principal applicants work experience letters-copy
    12. Web appointment receipt for interview
    13. Passport + one photograph
    14. Completed visa application form DS-156
    15. Completed visa application form DS-157
    16. Demand drafts for vfs fee and visa fee- both application and issuance

    Please check the US consulate website for a complete list as they may have changed the requirements.

    Hope this helps.





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  • Dhundhun
    10-13 11:59 AM
    :confused:

    Dear gurus,

    I have one fundamental question.
    why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
    This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
    I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????

    Sincerely...

    Almost everyone knows USCIS rule that EAD can be applied 120 days in advance before previous EAD expires and normal processing time for EAD is 90 days.

    With few exceptions, people are applying in time. They have other issue such as one person got in 6 days. In 20-30 days it is not uncommon.

    You are one of the few people who did not apply EAD in time and trying to draw attention.



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  • gc_check
    09-08 08:14 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.





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  • GC_1000Watt
    12-04 06:12 PM
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

    Thanks for sharing your experience. I will get back to you if I will have any further questions.





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  • ragz4u
    04-13 10:07 PM
    My point exactly.

    So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?

    I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though

    Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.

    I really wish that you are right about the first point and I am right about the second ;-)





    wandmaker
    01-02 12:57 PM
    What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?

    You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).

    Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)

    I was about write the same, good advice.





    mrdelhiite
    08-08 09:10 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?

    Yup Senthil Thanks a lot for your reply.

    -M:D