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  • needhelp!
    08-28 09:59 AM
    My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.

    Buck up other states..





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  • sandy_77
    04-25 09:31 AM
    Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.

    Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
    Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
    I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
    Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.





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  • snathan
    06-16 10:32 PM
    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.

    Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.

    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.





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  • snathan
    08-18 04:41 PM
    Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.

    Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.



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  • kaisersose
    08-24 10:42 AM
    I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?

    No.

    There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.





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  • optimystic
    10-24 02:32 PM
    Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.

    Thanks for the pointers.

    In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.

    To answer another question from another poster, yes, I have been with the same company since 2001.



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  • rpat1968
    08-06 10:15 PM
    My PD is EB2 - July 2004.
    I-140 Approved from TSC
    I485 submitted in NSC 2nd July. Receipt date 9th Aug.
    Working for same employer for last 5 years.

    Had lud updates twice in last 5 days. (Also recently did a A11 online (address change for me and my family).





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  • Macaca
    09-03 08:50 AM
    In a key finding, government data document that a moratorium on legal immigrants entering the country could devastate the Social Security system by ballooning the size of the actuarial deficit by almost one-third -- 31 percent -- over a 50-year period. (page 1)

    To compensate for the loss of revenue caused by a moratorium would require increasing Social Security taxes on Americans by $506 billion in present value over 50 years and $611 billion over 75 years. Such a tax increase would cost an American earning $60,000 in 2004 more than $1,860 in higher payroll taxes over the next 10 years.

    A forty-one percent reduction in legal immigration, which Congress considered in 1996, would increase the actuarial deficit by 13 percent over 50 years and require $212 billion in tax increases (in present value) over 50 years (and $246 billion over 75 years) to make up for the lost revenue caused by the severe legal immigration reductions.
    A thirty-three percent reduction in legal immigration would increase the actuarial deficit by 10 percent over 50 years and result in lost revenues of $163 billion in present value over 50 years and $207 billion over 75 years, which would need to be made up for through higher taxes or other means.

    Such a tax increase would cost an American earning $60,000 in 2004 more than $720 in higher payroll taxes over the next 10 years, in the case of a 41% reduction in legal immigration, and $600 over the next 10 years for a 33% legal immigration reduction.

    Increases in legal immigration would provide a significant boost to Social Security. The size of the actuarial deficit would be reduced over 50 years by 10 percent if legal immigration increased 33 percent (an additional 264,000 immigrants a year) and by 6 percent for a 20 percent rise in legal immigration annually (160,000 more immigrants a year.)

    A 33 percent increase in legal immigration would increase revenues to Social Security by a present value of $169 billion over 50 years and $216 billion over 75 years. A 20 percent legal immigration increase would add $101 billion in present value to the trust fund over 50 years and $128 billion over a 75-year period.
    A thirty-three percent increase in legal immigration would mean that an
    American earning $60,000 in 2004 could have their Social Security taxes reduced by $600 over 10 years (or $360 in the case of a 160,000 legal immigration rise) and Social Security would maintain the actuarial balance that is currently projected over that period.

    Halting legal immigration to the United States would reduce both the growth rate of the U.S. labor force and the rate of the country�s economic growth (the rate of growth of the nation�s Gross Domestic Product) by approximately one quarter of one percent (0.25%) per year, initially, a notable amount.



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  • guyfromsg
    09-09 05:50 PM
    ----
    I booked it real early, like a month ahead. No worries. I am sure there are a tons of places still around.

    See you in DC

    Though the website says sold out, I called just now and got a queen room for 109+tax for one night 17th. Thanks for the help.





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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

    ------------------------

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..



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  • gsc999
    09-08 12:50 AM
    Guys and Gals flying out of Northern California, please pm me. I need some of your luggage space. Nothing sensitive just banners etc. We can meet up near your place and I can hand-over the stuff to you

    Also, don't forget to pack a formal suit for the lobby day. We will need it for sure.

    Cheers!
    g





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  • brawn81
    05-12 11:54 AM
    Obama playing games with immigration - CNN.com (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html?hpt=T2)



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  • eilsoe
    02-02 06:08 PM
    *oops*

    Edited the above post the clear that little mishap up :)





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  • masaternyc
    01-06 12:36 AM
    What about ladies with 5 husbands (pandus), do we need to start visa called H5? F5? D5?

    I heard from a friend of my friend knows that indian ladies have 5 husbands at the same time, what about them?



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  • tinku01
    02-12 02:37 PM
    great point mr internet then I think CP filiers should other way to make their efforts and should not participate in letter campaign since there are lot of people who are waiting in CP queue.....anyway are you British...it seems to me from your reply:rolleyes:





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  • mariusp
    05-22 03:41 PM
    When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...



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  • Siboo
    07-27 05:07 PM
    Man u guys are faaaaaaaaaaaast!!!!

    BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!

    Try F1 + F4 or F2 + F3 :D :D :D





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  • amitbhatia76
    09-05 06:02 PM
    why the letter says 765 copy when the application is for 131/AP?

    Date


    To,
    The Immigration Officer,
    USCIS,
    (processing center address)


    Re: Application for Travel Document.


    Dear Sir/Madam,

    This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.

    I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.

    Attached are the supporting documents. Please feel free to contact me if you need any additional information.

    Documents Attached:
    I-765 Receipt Notice
    Passport copy
    I-94 copy
    I-485 - Receipt Notice
    Previous Travel Document copy
    Drivers License copy


    Thanks,

    Name
    Address
    Phone
    Email
    I- 485 Receipt Number XXXXXXXXXXX





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  • jonty_11
    08-22 02:17 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C
    Please stay tuned.
    check b4 u post man....this thing has been cut and paste a billion times...
    Concentrate on the DC Rally instead plz





    InTheMoment
    04-22 05:08 PM
    That may be true if you are not a AZ resident.

    If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.

    Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.

    Also, be prepared for this to happen to your kids even though they might be US citizens.

    - JK





    rkanth12
    09-10 12:02 AM
    This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

    A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
    Sanju, I noticed you invoked AC21. Is that correct?
    Please post all your details such as how long you were with your old employer,
    when did u inform uscis about your new employer.
    Was there much difference in ur salary?
    Is your GC approved? Which stage are u in.
    Is ur new employer from same state?
    I know I'm asking so many questions. But always wise to get opinion from experienced person.
    So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.