Desertfox
04-30 05:30 PM
I sincerely hope that your interpretation is correct!
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
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Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
desigirl
05-06 08:00 AM
I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
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engineer
10-01 04:14 PM
I am curious..
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?
I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?
thanks,
more...
vban2007
07-15 03:06 PM
Keep It Up Guys
srikondoji
08-02 04:08 PM
This was answered in the trail of threads following the first post. However for the benefit of all, i updated the original post.
Please refer back to it.
Any updates for TSC who sent their applications to NSC??
Please refer back to it.
Any updates for TSC who sent their applications to NSC??
more...
wa_Saiprasad
07-18 04:19 PM
I know many of friends who use IV as recourse for NEWS but they don't register nor contribute. Even after multiple reminders and sarcastic comments they don't. I feel pity for them, they don't understand by registering and contributing they help them self and others. Shouldn�t we make IV a monthly subscription web site? That way we will have only serious members.
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nixstor
07-06 11:20 AM
People are burying these posts as spam.. can we do something to make sure that doesnt happen?
I guess that tells how much public cares about our GC's. We want to spice up the story by adding other issues that can make our situation worse.
The only way we can get 4000 diggs is by having every info lurker digg it and individual comments.
I guess that tells how much public cares about our GC's. We want to spice up the story by adding other issues that can make our situation worse.
The only way we can get 4000 diggs is by having every info lurker digg it and individual comments.
more...
saimrathi
07-12 10:34 AM
Where did you get your DL renewed? Which state? :confused:
As someone else pointed out, if you don't drive will he/ she won't get a H1B?
This does not make sense.
I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).
I can understand that based on your visa expiry date, BMV may issue only limited time DL.
I know each state has jurisdiction on these matters but there should be basically similar approach.
As someone else pointed out, if you don't drive will he/ she won't get a H1B?
This does not make sense.
I just renewed my DL in and BMV did not even ask for my visa/ passport validity and they issued me 5 years renewal (my visa expires in Oct 2008).
I can understand that based on your visa expiry date, BMV may issue only limited time DL.
I know each state has jurisdiction on these matters but there should be basically similar approach.
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new_gc_guy
09-11 03:48 PM
second 100$ contribution...
GO IV
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DesiGuy
09-12 05:52 AM
yes, but u need lots of $$$ and TIME for a successful lawsuit.
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prem_goel
07-06 10:56 AM
I think the impetus required by IV will take time. Just 2 years ago, most of us got EADs/APs for themselves. It'll take time for the frustration to build up in those people who missed the boat. Their numbers are not many. It'll be a while before their numbers grow and they demand some kind of similar action from the US government.
more...
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Libra
09-11 04:46 PM
rajan1976, ram_c, sriswam, new_gc_guy and pshah177 thank you guys for your contributions.
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julsun
01-14 04:54 PM
Hi,
We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.
Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.
Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.
Thanks
We filed for our I131 on 7th Oct, 2007. Yet to receive anything on them. My wife needs to travel to India end of this month. She needs her AP since she is on adjustment of status right now. We had filed for a service request on 7th Jan at Nebraska Service Center. Got an email from them on 8th asking for supporting documentation. We faxed the medical certificate for my wife's mother on 8th Jan.
Now NSC customer service is saying that we need to wait for further decision. Spoke with our local Infopass office today and as per them we should get something in 3-4 weeks. They gave us an option of getting new AP at local infopass office by filing new fees all over again.
Has anyone on this group faced similar issues? How do we go about getting approval once we file for expedited request? I though once we open a new SR, we should get something back within 5 business days? Any help would be appreciated.
Thanks
more...
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immigrationmatters30
08-12 06:48 PM
It would have been amazing if senator added 10K for each recaptured EB VISA. That would have given 1B dollars for the border security(If only senator wanted to help the so called product developing H1Bs).
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ksefiane
09-12 03:10 PM
I have contacted newsrooms in Lynchburg, Roanoke, Charlottesville, Richmond, Danville, Blacksburg, and the New River Valley.
Thanks!
Karima
Thanks!
Karima
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yoda
09-13 04:24 PM
Sent to Mass High Tech and Fareed Zakaria @ Newsweek.
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Green_Always
09-10 10:13 AM
All due to Sub Labour 485 Applications sent during July 2007.
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
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db12320
03-30 06:04 PM
here is the IRS link which says all non resident aliens will not receive the check, irrespective if they have a SSN or not. Last I knew every H1 is a non-resident alien.
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
Snippet from the site:-
Q: I know some people won�t get a stimulus payment. How do I know if I�m one of them?
A: You won�t get a stimulus payment in 2008, if any of the following apply to you:
*
You don�t file a 2007 tax return.
*
Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
*
You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
*
You do not have a valid Social Security Number.
*
You are a nonresident alien.
*
You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.
http://www.irs.gov/newsroom/article/0,,id=179181,00.html
Snippet from the site:-
Q: I know some people won�t get a stimulus payment. How do I know if I�m one of them?
A: You won�t get a stimulus payment in 2008, if any of the following apply to you:
*
You don�t file a 2007 tax return.
*
Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
*
You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
*
You do not have a valid Social Security Number.
*
You are a nonresident alien.
*
You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.
jungalee43
03-05 08:31 PM
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
ink_123
07-18 06:45 PM
Will do more in the future. Thanks IV for all your efforts
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