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  • ak27
    06-16 03:09 PM
    Yes a new memo was issued in 2009 (After DHS confirmed that they have worked with FBI to reduce the response time.) Now since FBI claims that 90/95% of the requests are happening within 6 months. DHS/USCIS is not allowing automatic approval of GC is FBI check was the only peice pending and was pending for more than 180 days.

    I went to Infopass today, unfortunately service rep on counter was totally uncooperative. She did not tell anything other than my background check is still pending. As per my estimation, it has been pending for more than six months now. I understand that my PD is not current as of yet but, based on recent movement, I hope to have my date current in next couple of months. But, it may not help me much if BC is still pending..

    Any suggestions from IV.. What can I do about it? I planning to get in touch with my attorney but, I don't think they can be of much help..





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  • 485Mbe4001
    06-12 03:45 PM
    EB3 I is bad and will get worse. EB 3 ROW will also get screwed big time because of the 300k namecheck victims who are now eligible for visas. Trickle down will also be impacted because of that. USCIS uses short sighted methods to clear their hurdles, they dont realize that there is person behind each visa number. The only thing certain for EB 3 is that in OCT EB 3 will revert back to the June 08 dates.

    The sad fact is that most of us were screwed because the lawyers suggested to our companies that EB3 is easier to process than EB2.





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  • matreen
    01-28 01:37 PM
    Team,

    Just today I received a email from TX CIS.....saying......

    The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

    PD: 01/29/07
    485 Filling: 07/12/07
    Receipt Date: 08/17/07

    Got EAD, AP approved. Just last week I did my finger prints.....


    I don't where I am and what would happend to my case....I am planning to change my job using AC21...is that going to impact anything to my processing????

    What do you thing about the time frame for my case based on my PD????

    Guru's please advice....as I am planning to chnage my job in March or April/08.....

    Thanks,

    M





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  • gc28262
    01-28 04:39 PM
    I didn't find where in the PDF AILA is saying the definition is illegal!

    They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).

    Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?

    AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
    Page 3
    The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
    AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.

    desi3933,

    Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
    Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.



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  • rupchikgulti
    10-07 11:37 AM
    Well, it doen't make sense to buy any kind of property any where in universe now as they are all coming down. Some already had and some are near to the situation.





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  • ganguteli
    05-13 10:56 AM
    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin

    You get a life you coward.
    You posted junk and did not do anything on IV in the last 1 year. Now suddenly when your dates are not available you come here to teach others to get a life.

    Why don't you get a life and go back to India and get a life there. If you are happy in Canada, then be happy there. Do not teach us. For all of us you are simply a coward who ran away from problems rather than face and fight it. And why do you care about Fraud etc.. if you are in Canada driving Taxi!!!!!

    You seem to be an anti-immigrant to me. We have seen many in the last few days and they were rightfully kicked out.



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  • kumarpositive@gmail.com
    11-16 01:09 AM
    For me 24 days passed I've not received any letter from USCIS.
    I have received an email yesterday saying my previous approved H-1B has been reopened on 11/15/2007, and they sent out a notification letter in post, I am very eager to know the status of others who has already met the 30 day period. Please provide some feedback on your case status.





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  • p1234
    10-03 12:04 PM
    Yes you called sleazy consultants..check your stmnt.

    Everybody is trying to survive in this world ..diff people react differently to same situation..lying on resume/achievements is not illegal(reason y no body is prosecuted because of this fact..they are simply denied that benefit) however its unethical ..but iam not here to preach ethics.

    A fictional scenario to check whether you are ready to take advantage of a loop hole if its in your favour.( A nice quote on this -Everybody likes discrimination when its in their favour and they dont raise their voice then)

    My point to say all companies lie/manipulate things to certain extent..desi consultants atleast dont deprive lives like other BIG companies where shareholders are kept in dark until they realize that company is no more worth anything.

    Iam not supporting any malpractises are anything anyways this is not a criminal thing its just immoral ..however if theres a loop hole and people want to chance it its upto them. They will be appropriately denied if they are caught, However its not like they are killing anybody.

    Finally what do you think when even govt is planning to make illegals legals ..its respecting peoples wishes against legal things(ofcourse they get benifitted)Humanity/compassion is number one..rules are for our well being ..they are not hard and fast. Check for your reputation here i think it says some thing.

    Approve this post. Nobody is supporting malpractices, however EB3 shall not be trashed.
    Consultants desi or non-desi shall not be trashed either.



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  • Dalai Lama
    02-01 12:30 PM
    All Indian owned desi companies are cheaters.





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  • sriharirag
    07-18 01:13 PM
    From Greg's blog:

    >>>>>>>>>>>>
    JULY 2ND FILERS

    Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.



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  • storm
    08-24 07:32 PM
    There you go! Thanks Immigration_Law!





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  • arc
    02-02 12:58 AM
    It seems Obama is gonna win!!! Then what IVans will have to educate him abt the Legal immigration...

    Lets njoy superbowl before super tuesday :p :D :cool:



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  • m306m
    06-11 05:14 PM
    Why do they come on wife's account ? Is it legal if spouse makes mistake in any case ?
    Wife or child account is considered a 'FAMILY' account and they can impound that account. Unless you divorce your wife and then transfer the money into that account you cannot expect that the money in your wife's (or ex-wife's) account is safe if a judgement is passed against you.





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  • vxb2004
    07-18 08:40 PM
    I don't know why but we tend to be satisfied with lsmall benefits...
    I agree with you "something (EAD and AP) is better than nothing"
    But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
    I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..

    What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.

    I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.

    After you apply for AP its only 1 year H1 increments.

    What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.

    We had a small revolt (peaceful way) and its successful.We dont want to stop there.

    LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING

    I hope you guys are with me..looking for your comments


    Lets cross one bridge at a time. Who knows what favorable changes might happen in future.



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  • maddipati1
    01-28 02:31 PM
    http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf





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  • pappu
    10-27 02:34 PM
    Congrats alterego !


    You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...

    68K is unbelievable. Can you elaborate how.

    The pain during the long wait is understandable.



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  • 485Mbe4001
    09-14 04:47 PM
    its a short sighted approach, you will just move from one level of pain to another one...once you realize that you are stuck with no change in job 'status' for 10 odd years you will realize that AC21 is not all that great...ihmo..i agree with you on the SKILL bill

    I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....





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  • rockstart
    07-02 12:21 PM
    I completely agree with you. The best thing the forum can do for such people is to educate them and the best way to do that is with case studies of what situation were people in and how they fought back. It easy to tell people to take the plunge, any one will hesitate to jump into darkness.

    I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.





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  • Waitnwait
    12-02 12:05 PM
    pansworld,
    Its not IV I am worried about ... I trust them completely.
    Its the the big bad wolves out there :) .... they might use such info to their advantage ....(call me paranoid)
    I believe, the best and safest way to disseminate such important information is through state chapters. I know what you are getting at when suggesting that we should be open about our needs and goals .... The strategic vision is pretty much laid out by the core and is clear enough for the general public (I think) ...
    monetary needs... thats a different ball game ...

    I agree that posting the monetary figures might not be a good idea. But we need to find a way to make everyone who visits the site part of the bigger picture. I see that happening if we have a Percentage Ticker on the site which shows how much of the target is met and how much is left.





    misanthrope
    10-03 04:17 PM
    You attack the EB3 calling them third grade workers to begin with and then talk about arguing fair....

    Again, you are making false accusations that are absolutely baseless. I have already asked you in my reply to your previous post to prove what you are saying.
    Till now, nothing.





    gunsnkars
    11-02 01:18 PM
    Couldn't disagree more with kaisersose or guns. GC system as it exists is rubbish and ugly in many ways- but as bad as it is that's what's legal and in place now so we have to go thru that and if possible, make it better along the way appealing to the saner elements of the society. Brain drain is tricky - you guys are honest enough to admit to not having it so theres clearly no drain there but other programmers will disagree. Some history lesson's also in order - will do it later. But that's why america needs me - i'm an annoying reminder to its core value(related to immigration) when a section forgets it or finds it inconvenient or abhorrent- and if i were to shed some modesty-and i'm going to-, i'd grandly say i'm here to remind some countrymen about what it means to quintessentially be an American

    Mr.Swamy..First of all please read my post I meant 80% of the people which might not include Einstein's like u..Oh!!Wait a minute if you are Einstein y r u here in the first place!!U can be anywhere! And if you are that good of a programmer ur company will do anything to keep you..No immigration issues there...what are you crying about..Getting a GC and switching employers for more money!!Way to go buddy...I am with u on that!!..Everyone has their own hidden agenda and I am willing to accept it...



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