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  • Leo07
    06-03 04:53 PM
    "(b) Worldwide Level of Employment-Based Immigrants- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:CommentsClose CommentsPermalink

    ‘(d) Worldwide Level of Employment-Based Immigrants-CommentsClose CommentsPermalink

    ‘(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--CommentsClose CommentsPermalink

    ‘(A) 140,000;CommentsClose CommentsPermalink

    ‘(B) the number computed under paragraph (2); andCommentsClose CommentsPermalink

    ‘(C) the number computed under paragraph (3).CommentsClose CommentsPermalink

    ‘(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--CommentsClose CommentsPermalink

    ‘(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; andCommentsClose CommentsPermalink

    ‘(B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.CommentsClose CommentsPermalink

    ‘(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--CommentsClose CommentsPermalink

    ‘(A) the difference, if any, between--CommentsClose CommentsPermalink

    ‘(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; andCommentsClose CommentsPermalink

    ‘(ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; andCommentsClose CommentsPermalink

    ‘(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.’.CommentsClose CommentsPermalink

    (c) Effective Date- The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
    "

    The same bill text can be verified here:http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085

    I think his post was based on the summary on the site.

    "OpenCongress Summary:
    This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more."





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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





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  • chanduv23
    07-10 08:29 AM
    As one of the contents in our rally in DC and SAN JOSE we can mention something like

    CNN/LOU DOBBS LISTEN TO US - DON'T SPREAD FALSE NEWS

    Ifv other media picks this up, CNN may start getting worried and change its course. It is all not about lawsuits or legal, but about truth and how to expose truth.





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  • Jayr
    04-13 12:52 PM
    Under predictions for the following months, it is noted that the demand for numbers has not materialized because of persistent backlog. To move things forward they have moved ahead the dates for ROW and the Phillipines. They have also stated that in the future months, they may continue this to include other areas and preference categories. This sounds like good news for those who have their labor certification completed. They also add a caveat that this advancement of dates may lead to eventual sudden and significant backlog in the future when the demand for numbers does materialize (read: when the backlog is actually cleared)



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  • saileshdude
    02-22 03:47 PM
    Hi,
    Can you please provide me with the information about the questions your friend faced? In my case the client side project was completed. I would appreciate your response.

    Sent you a PM. Could you reply? Thanks.





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  • Carlau
    06-19 10:17 PM
    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap

    Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;

    Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.



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  • rdehar
    07-17 10:36 AM
    Hi ChainReaction,

    Service Center Processing Dates for Texas Service Center Posted July 16, 2007

    I-140 Immigrant Petition for Alien Worker Extraordinary ability January 13, 2007

    I-140 Immigrant Petition for Alien Worker Outstanding professor or researcher January 13, 2007

    I-140 Immigrant Petition for Alien Worker Multinational executive or manager January 13, 2007

    I-140 Immigrant Petition for Alien Worker Schedule A Nurses January 13, 2007

    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability January 13, 2007

    I-140 Immigrant Petition for Alien Worker Advanced degree or exceptional ability requesting a National Interest Waiver January 13, 2007

    I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 13, 2007

    I-140 Immigrant Petition for Alien Worker Unskilled worker January 13, 2007





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  • dazed
    07-19 10:29 AM
    No she cant becuase her visa appointment is on Aug 13.
    If her visa app. is Aug 13 (I assume it is at a consulate in your home country), she will not get her passport with visa stamped for atleast a few days. This is from FAQ section of chennai consulate in India. So plan accordingly.

    When will I get my passport after the interview?

    If you qualify for a visa, the passport with the visa will be returned to you by courier in a few days.

    Can I get my passport immediately after the interview?

    It is the policy of the Consulate to send your visa to you using our courier service.



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  • calabor2001
    05-07 11:52 PM
    I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.

    I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?

    I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.





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  • Sakthisagar
    07-29 03:19 PM
    Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.

    isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).

    The last line is only a Dream.. I value your opinion, and wish that to happem. as they say Sounds Good, given the situation Political and economic in India and China it will never ever happen. Politically motivated religious fights, killing the political opponent who is having a diferent opinion, no entry for good thinking poeple in all levels in India. So thie last statements in your paragraph is only SOUNDS GOOD! India still is 60 % poor economically. Never Compare The USA with Third world developing countries. Please be Sane ...



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  • singhsa3
    01-04 02:57 PM
    Thats a very good suggestion. He should lobby to create a new categoy of Green Card for "MBBS".
    MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
    :D:D:D:D:D

    First of all your freind is brave...

    He can request IV to put another item in lobby agenda for brave category...





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  • ampudhukode
    12-25 01:07 PM
    No idea what to do. Any suggestions.

    And are you doing anything to try and speed up your case since PD are current ?



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  • dealguy007
    05-12 09:35 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.

    Hope they don't pass this bill and kick us back by 5 Years.

    I don't see a relation between Obama saying ..... Cisco, Intel, Ebay started by Immigrants and DREAM. Those Immigrants he is referring to are from India/China and DREAM are from Mexico.
    Am i missing something here?





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  • nefrateedi
    08-22 10:54 AM
    No, he is a good person he can do that
    Reason he is member of IV

    He cannot post it because he cannot view it, as he is not a member of AILA. He stated it in his post.



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  • abhijitp
    01-14 01:36 PM
    ^^





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  • glus
    04-16 09:04 PM
    :cool: Yeah, wait till the next one.

    If the jump were a mistake, then the visa dates would be corrected immediately and there would a an official notice of the mistake.



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  • tnite
    11-07 01:29 PM
    Surprisingly today I got second LUD on AP. Content is changed as under.

    Receipt Number: LIN****
    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document mailed to applicant.

    On November 7, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service

    I received my AP on Nov 3 and looking at the AP doc it had an approval date of Oct 10 whereas I had "Document mailed to applicant" message on Oct 31.
    I am not sure what happened between Oct 10 and Oct 31st.





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  • mantric
    02-19 08:56 PM
    judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p

    If CP filers are included in IV wish list, a small request for IV:
    I have a pet dog in my home country that I love. I want to bring the dog to USA to live with me. Is it possble for IV to add this additional point in the letter campaign. 'All I485 filers and CP filers should be allowed to bring their pets and pets should also be allocated greencards to live here permanently.' Afterall we consider them part of our family and family values and unification is very important for EB immigrants as well.





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  • amoljak
    05-15 07:49 AM
    This is just some cheap theatrics by Durbin Grassley in preparation to attach their anti H1B restrictionist bill to CIR. Read more here: http://immigrationvoice.org/forum/showthread.php?t=3944





    diptam
    07-28 07:59 AM
    Boss,
    He/she explained the actual thing later on at Murthy forum ....

    #####
    nisars
    Member posted July 27, 2007 09:50 AM
    --------------------------------------------------------------------------------
    here are the answers...

    Here are the answers...

    When did you receive the receipt notice?
    Yesterday from my Lawyer.

    Did your checks get cleared?
    I believe YES, required checks were issue from the law firm's account, No personal.

    What was your receipt date on the notice?
    Receipt Date is July 09th (I confirmed Online).

    Thanks,
    NisarS
    ######




    what is this? there are delivered date and received date with received date before the delivered date. How can they receive before the delivery. Hmmm Did USCIS guys ran early morning 4 O Clock to UPS/ FED-EX/ ETC to receive the app before those guys attempted to deliver :) Even if someone says, "YES", there was 6 days difference between those two days. No idea what USCIS is doing.

    Got Receipt

    Application Received on : 07/03/2007
    Agency : Nebraska
    Status : Delivered on 07/09/2007
    Case: EB3-India Jan 2004
    Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.





    Berkeleybee
    04-10 06:55 PM
    Friends:

    I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)

    I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).

    "The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."

    Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.

    If I am way off base on this, then brickbats are also welcome.

    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.



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