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  • drona
    07-11 01:51 PM
    Yes, Lou Dobbs will only want to quote the Al Jazeera article.





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  • visves
    06-21 09:09 AM
    This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).


    "Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."






    If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.





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  • Hunter
    05-09 02:00 PM
    They say, idle mind is devils workshop.
    It is because of people like you USA is losing is competitive edge.

    The only americans you know are the ones you see on TV. Most likely you are confined in an apartment with 10 others. by the offshore company. Do you want me to add more stereotypes here as you just did? because it is very easy to do.

    No wonder otherwise tolerant americans are turning against the so called "skilled workers" from India.





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  • whitecollarslave
    03-25 03:24 PM
    Here is the text that is in the I-9 Form:

    "Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination."



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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.


    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including




    Mike Aytes
    Acting Deputy Director, USCIS





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  • diyashil
    07-10 10:39 AM
    Smita,

    There is no harm in fighting for your rights.
    we all are law abiding individuals who pay taxes like any other citizens.
    We are only trying to highlight our plight as they say
    "Only a squeaky wheel gets a grease."
    No can deport or arrest you by taking out a rally.

    Wake up guys. Lets get together and be unified as only then can we be heard.
    We all are well educated peaople and we don't need to be treated like slaves.



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  • eb3_nepa
    01-08 11:18 AM
    This brings back old memories back in early 2006. I had brought this point up and actually even written to the White House (and got the generic response back). Unfortunately back then we were a much smaller organization and not as well recognized and not as knowledgeble and as organized as now.

    Good to see we're finally taking this step "en-masse"





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  • saimrathi
    07-11 01:46 PM
    I agree...

    No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
    Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.



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  • rock
    06-22 10:30 PM
    I am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?
    Hi Guys,
    I am also in the same situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485.
    I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file
    EAD and AP even though the priority dates are not current.

    I would appreciate the answers.
    Thanks





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  • MCQ
    11-12 12:29 PM
    It's your company's responsibility to make you aware about your dependent's status too.I worked for a small desi company for sometime and they lied that My wife doesn't need H4 extension because she is dependent on me.Fortunately I came out of that company.
    javadeveloper - it is your company's responsibility (more likely their immigration attorney)to keep you informed of YOUR status, but it is YOUR responsibility for your dependants. Sure, the smart attorney is going to want to take care of all of the paperwork at once when filling for extensions etc as it's less hassle for them - but that doesn't absolve you from that responsibility.

    Had it happen to a friend - his wife and kids had to leave the country, get new visas and H4's and were away for 7 months. Missed nearly a year of school simply because his new company weren't informed of tehm when he swicthed jobs



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  • abhijitp
    07-09 07:02 PM
    I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.

    I think that is a smart response from USCIS. The good news is, it will not backfire the way some people were wondering... and also that the media will cover it.





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  • lotsofspace
    01-10 11:37 AM
    It is not popular to say so but I have this doubt too.
    Currently at least there is no requirement to notify and you only need to prove you still have a similar job OFFER (not necessarily working) if and when there is an RFE.

    Only good thing happened to us in last decade, as far as I can remember, is AC21 and concurrent filing.

    All these immigration laws are designed to keep us indebted/bonded to the employer. They might see this as a liberating provision and try to chain us back. This may or may not happen, but just my paranoid reaction,.

    Hope AC21 don't go away like labor substitution has. :(





    i don't what is the problem you have with AC21? it works just fine and nobody has a problem with it.

    if you ask them to mess with it, and it seems to have no problem, they will either make it worse or take it away.

    i think you guys are far too risk averse and want everything guaranteed in black and white. it does not work that way and we are not so important in the scheme of things anyway.



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  • tdasara
    06-19 09:37 AM
    Where should the EAD and AP be filed?





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  • drona
    07-10 11:52 PM
    Murthy Law Firm reports the Flower Campaign on their website:

    http://murthy.com/index.html



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  • makemygc
    01-24 10:27 PM
    Not only the laptop but all your personal items such as purse, camera etc. BOYCOTT UK. These people are racist.

    In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.

    Boycott UK!!





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  • ajay
    11-12 11:53 AM
    Got a reply from Texas office of Mr. David Roark. about uscis.gov and asking to login and know the status!!



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  • saimrathi
    07-14 08:32 AM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?campaign_id=rss_topStories

    The Gandhi Protests
    Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest





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  • ourgcapproved
    08-13 12:45 PM
    Thanks Appas.. I sent an email to ombudsman on tueday and got a response on wednesday with the message. I also attached DS701 form, copy of I140 approved notice, I485 receipt notice.


    Dear Sir/Madam:

    We have received your case problem. We will initiate a formal inquiry with the U.S. Citizenship and Immigration Services (USCIS).
    We appreciate your continued patience and understanding.
    Sincerely,

    Office of the CIS Ombudsman
    Department of Homeland Security

    did they contact you after this email? or any LUD on your case?





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  • andycool
    08-18 10:01 AM
    Hi AndyCool,

    How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?

    Can you please share what option you selected in the web page when you tried to open a Infopass appointment.

    Thanks
    Dreamer05

    I just selected need Information thats all it has nothing to do with SR





    eb_retrogession
    01-27 11:37 AM
    I don't know is it right Thread or not.
    But i found this information in Rajiv's website.
    The Mesg says:-
    New Volunteer Organization Formed

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

    Some members of this portal and others have come together to form a new organization supporting legal mmigration with special focus on issues faced by employment-based applicants. Please visit:
    www.immigrationvoice.org


    DISCLAIMER: The Law Offices of Rajiv S. Khanna, PC cannot endorse or verify the activities of any organization. Please use your own judgment.
    ==================================
    If we really not get his Endorsement, then we should remove that Information from our website.
    Think about it


    http://boards.immigrationportal.com/announcement.php?f=235&announcementid=84


    The core-team of IV met with Mr.Khanna personally and spent several valuable hours with him. He does support our cause and appreciates the effort. The verbiage on our endorsement link is indeed from Mr.Khanna and was transmitted in the form of an email.

    Everyone in the immigration community is now actively following the IV website (including the office of Mr.Khanna), and if something was completely mis-represented, they would let us know!

    Nice try!





    jasmin45
    07-11 08:37 AM
    You guys are awsome, this is great!



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