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  • axp817
    03-31 02:20 PM
    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.





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  • neelu
    01-05 01:22 PM
    Threads: 2,478, Posts: 38,790, Members: 8,057, Active Members: 3,571


    There seems to be a discrepency between the number on the statistics page (the above was picked from there), and the Memberlist page.

    I guess, Logiclife was pointing to the 8000 mark on the Memberlist page (which as of this post is 8046), which was reached today.

    Can anyone explain the discrepency?





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  • zulo1715
    10-20 05:44 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.





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  • sankap
    10-28 12:01 PM
    Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)

    Skilled immigration
    Green-card blues
    A backlash against foreign workers dims business hopes for immigration reform
    The Economist: October 30, 2010

    Oct 28th 2010 | Washington, dc

    BAD as relations are between business and the Democrats, immigration was supposed to be an exception. On that topic the two have long had a marriage of convenience, with business backing comprehensive reform in order to obtain more skilled foreign workers.

    That, at least, was what was meant to happen. In March Chuck Schumer, a Democratic senator, and Lindsey Graham, a Republican, proposed a multi-faceted reform that would toughen border controls and create a path to citizenship for illegal immigrants while granting two longstanding goals of business: automatic green cards (that is, permanent residence) for students who earned advanced degrees in science, technology, engineering or maths in America, and an elimination of country quotas on green cards. The quotas bear no relationship to demand, leaving backlogs of eight to ten years for applicants from China and India. Barack Obama immediately announced his support.

    But the proposal never became a bill, much less law. Mr Graham developed cold feet and withdrew his support; he was concerned that the Democrats were moving too quickly, as the economic misery that has turned Americans against foreign trade spread to dislike of foreign workers. Last year Congress made it harder for banks that had received money from the Troubled Asset Relief Programme to hire workers on H-1B visas, the most popular type for skilled foreign workers. In January the Citizenship and Immigration Service barred the use of H-1Bs for workers based on a client�s premises instead of their own company�s, a move aimed at outsourcing companies, many of them based in India.

    In August even Mr Schumer, needing to look tough on outsourcing, pushed through a bill sharply raising H-1B fees on firms that depend heavily on the visas. Perhaps the most naked election-year hostility to foreigners appeared during the debate in September over a Democratic bill in the Senate that would have rewarded companies for firing foreign-based workers and replacing them with Americans. Charles Grassley, a Republican senator, responded with a proposal to prohibit any company that had laid off Americans from hiring visa workers at all. The bill did not win enough votes to break a filibuster.

    Tightened restrictions, political aggravation and economic conditions seem to be having an effect. In 2009 the number of employment-based green cards and H-1B visas was the lowest in years (see chart). It took an unusually long time for the quota of H-1Bs for the fiscal year that ended on September 30th to be used up. Several Indian outsourcing companies have made a point of boosting local hiring at American facilities.

    This is partly the result of the recession, which has hurt demand for all types of workers. But in a recent report the Hamilton Project, a moderately liberal research group, notes that the number of foreign workers in America has been declining for some time. This might reflect America�s diminished appeal to the world�s most sought-after workers, as well as brightening prospects in their own countries. A survey for the pro-immigration Kauffman Foundation in 2007 found that only a tiny proportion of foreign students planned to stay in the United States. This almost certainly extracts an economic toll, since immigrants are more likely than others to start businesses or file patents.

    America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.

    Legislators from both parties have at various times advanced proposals that would smooth the way for skilled migrants, but they have usually foundered on the more intractable problem of dealing with illegal immigration. �These two issues can and should be separate,� says Michael Greenstone of the Hamilton Project. �We are giving up economic growth by putting the two issues together.�

    Democratic Hispanic legislators oppose separating them for fear of losing business support for comprehensive reform. In principle, then, a Republican takeover of the House might increase the likelihood of a stand-alone bill on skilled immigration. That, however, is not the Republicans� priority. Lamar Smith, the Republican who would probably become chairman of the House judiciary committee, is more focused on deporting illegal immigrants and strengthening the border.

    Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.



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  • 485_spouse
    07-20 03:09 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
    If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.





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  • go_guy123
    01-12 05:30 AM
    Why is that? What if I have a job offer from a canadian company and they sponsor me?

    canadian companies dont sponser visa



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  • rcauvery
    07-16 02:01 PM
    You can update your signature by going to the user profile on the top left corner of the page and click on Edit Signature on the left navigation bar

    http://immigrationvoice.org/forum/profile.php?do=editsignature


    BTW - Can you please share the phone number you called to reach NSC?

    Good Luck with your processing.





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  • logiclife
    07-12 11:54 AM
    Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.

    Tancredo introduces an immigration bill every week. Its like newsletter for him. There is nothing new here. No one listens to him. Not even the Republicans. If he was take seriously, then H.R. 4437 (109th congress) would be called "Tancredo Bill" not "Sensenbrenner Bill".

    Tom Tancredo not only has 0 clout with Republicans, he has lost clout with a caucus he found. HIRC (House immigration reform caucus) was founded by Tom Tancredo. He is not a chairman of that Caucus anymore. I think its some other guy, probably Lamar Smith of Texas.

    Stop the panic attacks everytime someone like Tancredo, Sensenbrenner and Sessions say "Boo !".



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  • zCool
    04-02 11:39 AM
    Paystub is really required document in tax law.
    These are normally state subject and are guided and monitored by state labor law departments.
    Employers don't have a choice of deciding their own period of giving you paystubs.
    So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

    http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

    If you don't get any response, 2 options:
    1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
    2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

    Put his name on the boards annonymously..





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  • ardnahc
    08-14 12:34 PM
    for posting USCIS processing times

    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc



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  • lazycis
    02-14 10:13 AM
    From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
    I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.





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  • mbartosik
    02-20 07:21 PM
    As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
    EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.

    If that is the case, we can all think of a few reasons why that might be.



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  • permfiling
    07-29 11:24 AM
    Iv4gc,
    yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job





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  • Pineapple
    08-05 08:27 PM
    I have to self file I-765. My 485 filed by employer to Lincoln, Nebraska. Address not know to me.

    Please some one post where i can send my 765 application before Aug 17.

    Thanks

    If you are mailing via courier, then send it to

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    Hope this helps.



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  • tnite
    07-26 09:50 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.





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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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  • billu
    05-09 08:42 PM
    why does everyone on the forum get excited so easily?the proposals from CIR are just that-proposals. a bill has to be debated by both senate and house of reps and passed, then approved and signed by president to make it a law. Most bills do not become laws. The information of mere proposals has people all over the forum debating, arguing and doing all kinds of analysis about the various proposals in the CIR bill. So much speculation about something that is at an infantile stage makes me wonder what will happen if any of the proposals actually becomes a law!! i am sure many people in the forum will have heart attacks!!





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  • dhesha
    04-18 06:32 PM
    Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.

    Thanks.

    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.





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  • jindal_sanjeev
    06-23 03:12 AM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you





    chapsi29
    04-02 12:30 PM
    Well its a small company and there are only a handful of us who are involved in immigration. Paychecks have been pending for the last few months only and in the past we have not had this kinda problem. It should hopefully get resolved in the next few months.. My I-140 was applied in Aug 07 @ its at NSC right now.. Currently for EB2, NSC processing date shows May 9th. I am hoping before they get to my application, this issue gets resolved.

    Lot of money at stake to consider change of employers at this point.. Would like to see how 140 turns out before thinking of change ... Pretty tough decision!

    So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?

    Thanks





    perm2gc
    08-28 05:15 PM
    Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:

    BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?

    MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.

    Could you please give me advice on this? I really appreciate that.

    Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...


    Your attorney or your employer are good resources to ask..