Wednesday, June 8, 2011

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  • Blog Feeds
    03-22 12:20 PM
    AILA Leadership Has Just Posted the Following:






    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiiChoy8lzNQmY3zrRgU0LwXER_Rc6XCzdOowkRCgFyAtPY6CHQuB7O24A6iUGQH5aCxVYnQfMgTurXnhVsDy3IbAyVUUhAU92ReH9VFC_ZvGpxLAk1BunnB9V7VpDG4yEaBDb27IreBLI/s320/2010-03-22+Statue+of+Liberty.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiiChoy8lzNQmY3zrRgU0LwXER_Rc6XCzdOowkRCgFyAtPY6CHQuB7O24A6iUGQH5aCxVYnQfMgTurXnhVsDy3IbAyVUUhAU92ReH9VFC_ZvGpxLAk1BunnB9V7VpDG4yEaBDb27IreBLI/s1600-h/2010-03-22+Statue+of+Liberty.jpg)
    "We pushed back on the undue influence of special interests," President Obama said. "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

    The President was talking about the historic healthcare overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The healthcare battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

    It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the healthcare bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the healthcare system. But now that healthcare reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

    The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

    Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization. While I have serious questions about a couple of the proposals�the biometric Social Security card raises important privacy concerns for example�I am encouraged that with the passage of healthcare reform immigration will now move to the front burner. Hopefully, Senators Graham and Schumer (and President Obama) took a few minutes Sunday morning to read Tom Friedman's excellent piece in the New York Times about a dinner he attended last week for the finalists of the 2010 Intel Science Talent Search, which, through a national contest, identifies and honors the top math and science high school students in America. http://nyti.ms/aCHxIj. As Friedman writes, most finalists were from immigrant families:


    Indeed, if you need any more convincing about the virtues of immigration, just come to the Intel science finals. I am a pro-immigration fanatic. I think keeping a constant flow of legal immigrants into our country � whether they wear blue collars or lab coats � is the key to keeping us ahead of China. Because when you mix all of these energetic, high-aspiring people with a democratic system and free markets, magic happens. If we hope to keep that magic, we need immigration reform that guarantees that we will always attract and retain, in an orderly fashion, the world's first-round aspirational and intellectual draft choices.


    This isn't complicated. In today's wired world, the most important economic competition is no longer between countries or companies. The most important economic competition is actually between you and your own imagination. Because what your kids imagine, they can now act on farther, faster, cheaper than ever before � as individuals. Today, just about everything is becoming a commodity, except imagination, except the ability to spark new ideas.


    If I just have the spark of an idea now, I can get a designer in Taiwan to design it. I can get a factory in China to produce a prototype. I can get a factory in Vietnam to mass manufacture it. I can use Amazon.com to handle fulfillment. I can use freelancer.com to find someone to do my logo and manage by backroom. And I can do all this at incredibly low prices. The one thing that is not a commodity and never will be is that spark of an idea. And this Intel dinner was all about our best sparklers.


    Before the dinner started, each contestant stood by a storyboard explaining their specific project. Namrata Anand, a 17-year-old from the Harker School in California, patiently explained to me her research, which used spectral analysis and other data to expose information about the chemical enrichment history of "Andromeda Galaxy." I did not understand a word she said, but I sure caught the gleam in her eye.


    My favorite chat, though, was with Amanda Alonzo, a 30-year-old biology teacher at Lynbrook High School in San Jose, Calif. She had taught two of the finalists. When I asked her the secret, she said it was the resources provided by her school, extremely "supportive parents" and a grant from Intel that let her spend part of each day inspiring and preparing students to enter this contest. Then she told me this: Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to "buy a home" in her Lynbrook school district because it produced "two Intel science winners."


    Seriously, ESPN or MTV should broadcast the Intel finals live. All of the 40 finalist are introduced, with little stories about their lives and aspirations. Then the winners of the nine best projects are announced. And finally, with great drama, the overall winner of the $100,000 award for the best project of the 40 is identified. This year it was Erika Alden DeBenedictis of New Mexico for developing a software navigation system that would enable spacecraft to more efficiently "travel through the solar system." After her name was called, she was swarmed by her fellow competitor-geeks.


    Gotta say, it was the most inspiring evening I've had in D.C. in 20 years. It left me thinking, "If we can just get a few things right � immigration, education standards, bandwidth, fiscal policy � maybe we'll be O.K." It left me feeling that maybe Alice Wei Zhao of North High School in Sheboygan, Wis., chosen by her fellow finalists to be their spokeswoman, was right when she told the audience: "Don't sweat about the problems our generation will have to deal with. Believe me, our future is in good hands."


    As long as we don't shut our doors.
    https://blogger.googleusercontent.com/tracker/186823568153827945-5206373315089430786?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/03/is-immigration-reform-next_22.html)




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  • gconmymind
    04-18 04:51 PM
    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.




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  • pshah
    07-13 07:26 PM
    Done but I don't think the number of signatures is getting updated. It still shows 1327.




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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.



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  • Winner
    06-09 12:40 PM
    Welcome Ron Hira.
    I know, you are strict opponent of Employment base immigration. I know, your basic concern for the abuse of H1B system by some people but don't you think huge backlog for Employment based green card is a genuine problem to address separately. Why are you covering H1B abuse issue with Employment based green card? A person born in Indian get more than 10 years to get GC and same caliber person born few miles away in Pakistan or Bangladesh get GC in 1 year!!! Both person have same look, same culture, speak same language. Is it cultural diversity??
    Lets have some negotiation fix genuine loophole in H1B system to prevent abuse and address genuine problem of Employment based GC backlog. If we keep fighting, neither one is going to be fix. Please have your thought.

    This not the real Ron-the-Loser, it's Ron-the-impersonator. But you do have a good point.




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  • sathweb
    01-13 05:14 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!

    Here is my understanding of the law regarding the priority date:
    In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.

    Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.

    Go ahead and appeal, try your luck.

    Best of luck bud.



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  • CheckRaise
    10-12 11:28 AM
    If I were you I wont try and get confrontational with the employer HR or attorneys as
    you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!

    Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.




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  • Prashanthi
    08-27 02:17 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.

    IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.



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  • sathishav
    06-01 09:03 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.

    Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.




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  • upuaut
    09-10 02:28 AM
    I don't think that your footer uses up a lot either. It doesn't bog down my system nearly as much as some of the multiple movie clip effects that some use. I think that's because a) it's not very big. B) it's only one transparency which is actuall on top of another image (the one on the bottem of the layer stack is not moving over another image), and C) The top one is fogged.. (which may or may not actually make a difference. )

    either way.. I don't find your footer to be a problem. Processors can handle a lot. When I say that it bogs down the processor more than another thing, it just means that it does that... not necessarily that it bogs it down to the point where you can actually see it.



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  • shreekhand
    09-13 11:39 PM
    gc_peshwa,

    You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:




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  • zoooom
    10-25 10:56 PM
    Come on guys...some one..



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  • furiouspride
    04-24 08:01 PM
    Contact an attorney mister. Duh?




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  • InTheMoment
    03-23 04:22 PM
    I personally don't think that would be a problem. Just send whatever you have.



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  • Robert Kumar
    02-15 10:45 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    I know but when there is a chance, we must make sure. Who told u that always works.
    They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
    Hence I got a doubt.

    Again,
    Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.




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  • wait4ever
    11-21 11:58 AM
    Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)

    Happy Thanksgiving


    Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!



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  • pune_guy
    06-06 01:11 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    485 receipt is proof of AOS

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.

    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?




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  • myimmiv
    12-17 02:06 PM
    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

    Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.

    Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?

    Thanks in advance for all your time.




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  • gondalguru
    07-06 12:01 PM
    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?

    Thanks
    Sree

    Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.

    as per ny times report...

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin




    mikemeyers
    05-07 02:19 PM
    Hi

    To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

    We have police report for the lost passport.

    I already checked Indian embessy's website, they have instructions for duplicate passport.

    My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

    plz help..

    regards,




    bskrishna
    05-15 11:33 PM
    Lots of positive starts...have to see which ones will make it..



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