Kama Of Kingstone

Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.


Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible

IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Guys, stop insulting each other. There is no need to add misery and amnesia on each other. I am sure we will all reach our destiny in the end. Just make the journey courteous and smooth.

Report back
On speeding up Labor certification

When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
Bluekayal

Great summary Bluekayal!

A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

(1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

(2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

(3) Background checks
(a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
(b) FBI conducts a finger print check
(c) FBI conducts a name check.

So I don't know what she meant by FBI can do it. They already are.

Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.

What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys

Please help.

oh boy - pls tell me its not fragomen!

Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.

Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?

NO, I haven't received transfer notice from CSC either.

I am July 2 filer...

I mailed second set yesterday...

Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

I am smart...;)
you really are:D

This sounds so much like those puzzles we used to ask each other... You have 2 batsmen each on 98 and only 3 runs to win. how will both get 100... or some such (this is actually very easy)- I dont recollect the exact question.

I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.

I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.

Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.

Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)

USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".

PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.

This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.

Nice to see one politician who makes sense..

A good interview with Eric Schmidt (google CEO):
http://www.youtube.com/watch?v=hJdlkzWMww0

She has amazing views on Civil Liberties, Immigration, Human rights, Energy Environment..

[url]http://www.computerworld.com/action/article.do?

Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.

I like this one, Congress should listen to Ron Hira if they want to get it right!

I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

Anybody interested in joining please PM me.

I am sure you will find someone from Tampa, but please feel free to go alone if there is no one in your district.

Thank you for doing this.

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=49296

Millions of illegals to become citizens?
Kennedy-McCain immigration reform bill likely to pass Senate committee after recess

--------------------------------------------------------------------------------
Posted: March 16, 2006
5:00 p.m. Eastern



� 2006 WorldNetDaily.com

A bill that would give millions of illegal aliens in the United States the opportunity to earn citizenship is closer to becoming law today as members of the Senate Judiciary Committee signaled likely passage of a proposal by Sens. Edward Kenney, D-Mass., and John McCain, R-Ariz.

Though a committee vote will not be held until after a week-long congressional recess, likely March 27, committee members appeared ready to back the Kennedy-McCain bill.


"The votes are there," said Sen. Charles Grassley, R-Iowa.

Congress is working to pass a reform bill that includes enforcement, a policy on dealing with illegals already in the country and a guest-worker program pushed by President Bush.

Under the legislation, illegal aliens in the United States would obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. The aliens would have to pay a $1,000 fine and undergo background checks.

After six years, the aliens would be able to meet certain requirements and then apply for a green card, or permanent residency.

Besides voting on the bill after the recess, committee Chairman Arlen Specter, R-Pa., said the panel also would vote on a bill by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give illegal aliens up to five years to leave the U.S. After returning home, they could then apply to return, either as temporary workers or for permanent residency.

"Our intention is not to strand anyone outside the country," Kyl said, according to an AP report. But he asserted the McCain-Kennedy plan would give an illegal alien allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.


The McCain-Kennedy bill would start off with offering 400,000 of the new visas.

Two years ago, Bush proposed a guest-worker program that has been criticized by immigration-reform advocates as nothing more than an amnesty program for foreigners who entered the United States illegally.

Kennedy disputed the amnesty charge: "There is no moving to the front of the line, there is no free ticket. This is not amnesty."

Majority Leader Bill Frist has threatened to bring his own immigration bill to the floor of the Senate March 27 if the committee has not approved one.

pasupuleti

I will try to be there. Thanks for arranging.

According to the pattern the next one is due tomorrow,
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf

Lets start pressing F5 since tomorrow morning on USCIS press release page. My finger is already itching for refresh button.

Bump!

great let me know once you see any activity..my 140 too was approved from TSC,how bout u?


yeah mine too was approved at TSC..they were very fast with 1-140's --hope they are as effecient this time around too...

will let you know if anything...no RN and no checque cashed...

This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.



If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….

So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.

One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.

Or instead of lottery some other criteria can be applied like qualification,salary and company


Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.

Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.

I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.

Everything went good.

Last year in March i did transfered my H 1 B to Compnay C from Compnay B

and i July last year i applied for my I 485, and got my EAD in Sep 2007.

Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.

Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.

Your Help Will be a big Help for me

As you said I 485 filed + 180 days. So you are out of danger.

1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).

That should take care about your AC21.

Good luck.

In mycase I went to the local USCIS office and the IO there sent an e-mail as well but no news on my FP yet. Try your luck.

gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.