Friday, June 17, 2011

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  • CADude
    07-06 12:47 PM
    All you guys in DENIAL mode. Like Home seller in todays market. take chill pill and enjoy the life (what ever left after fisaco). :)

    If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.





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  • Macaca
    06-17 10:15 AM
    The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.

    The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
    Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
    As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
    FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..

    Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
    While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))





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  • Macaca
    06-15 08:00 PM
    From numerous visits to USCIS facilities, the Ombudsman has observed that adjudicators prefer to work on the cases that are easiest to complete. Adjudicators pick the �low hanging fruit� first because supervisors base performance evaluations on the number of cases completed. Consequently, adjudicators put aside the most difficult and time-intensive cases. These cases remain pending, perhaps for years, while backlog reduction appears generally to be succeeding.

    The Ombudsman fully supports USCIS efforts to quickly and efficiently complete the cases. However, the current drive to complete large numbers of cases presents problems. For example, USCIS provides field offices resources based on what is needed to complete a typical case. It is the Ombudsman�s understanding that if field offices have a workload of 1,000 cases and USCIS determines each case usually takes one hour to complete, USCIS will provide financial support for 1,000 hours. Cases that take longer than an hour to complete are not provided additional resources in the office�s budget. Offices with more than the average numbers of difficult cases or offices that try to work the difficult cases thoroughly will not be adequately funded because the number of completions will be low. Meanwhile, offices that push to complete the easy cases will see their budgets grow.

    One field office visited by the Ombudsman has a large number of long-pending cases which require substantial adjudicator hours. However, officers at that office indicate that they cannot address the older, difficult cases without negatively affecting their productivity report to USCIS headquarters.

    Ombudsman's Recommendation

    The Ombudsman has observed that newer cases are processed more quickly while cases more than six months old are increasingly backlogged. The Ombudsman supports the USCIS drive to maximize case completions, but attention needs to be directed at clearing older cases. The Ombudsman recommends that USCIS provide a clearer picture of the current backlog by providing information on the number of pending cases by form type with receipts that are:

    < 90 days;
    < 180 days;
    < 1 year;
    < 2 years;
    < 3 years;
    < 4 years; and
    >= 4 years.





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  • onemorecame
    01-15 03:51 PM
    Did you start your own company now?
    what is diff between llc and s-corp and which one is good to start?



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  • saint_2010
    07-19 11:39 AM
    EB2/Delivered July 2nd 11:34 am by USPS 2nd Day Express





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  • sayantan76
    09-22 12:20 PM
    I agree that asking for complicated changes is a pain. But after meeting the lawmakers, I realized that this is the BEST way. Even the lawmakers agree and attest to this.

    You are doing a reality check without even being there. Which, let's face it, is not really a reality check. It is more of your opinion and assumption.

    Lets also not confuse facts vs opinions. The fact is that meeting lawmakers and educating them about our point of view is the key to this whole GC mess.




    Let me ask you a simple question. What CAN be the "perceived benefit" from a rally like this that would make you think that it would be worth attending? Is it something like a guarantee for a GC in 2 months or a bill that passes next month that does everything we legals want? What is it?

    Bringing attention to lawmakers about our plight. Bringing the issue right up to the Capitol. Bringing the issue up for even discussion in the various immigration meetings that are held every other day. Are these benefits not important enough for you?
    appreciate your comments - but as i said in my post clearly that I accept the probability that my views are wrong.....

    ""on the other hand if one day it so transpires that this rally was the historic starting point of major immigration reforms triggered by a group of pioneering individuals - i would have no choice but to eat my words and hang my head in shame that i did not attend.............""


    But look at it this way......i already have my GC but i share the pain and frustration of folks who do not..if a 7 month wait process for me was frustrating - i can understand what a 7 year process would be to others like me....if people who are waiting saw the utility of the rally....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......

    People have been quoting Gandhi and his South Africa protests.........those were different times and different issues.........colonialism, racial discrimination etc.......if the american govt is non-responsive to the demand from 60% of its own citizens to withdraw from Iraq - how can we realistically expect it to react with super haste to our requests....besides gandhi had the courage to stand up to police brutality, get arrested etc.....in today's days and age - as white collared professionals - do we have the guts and will to do that? For example - we cannot even strike (non cooperation/ civil disobedience movement)....because we get paid by our respective private sector employers.....and our grudge is against the Govt - who do we strike against......?? and if we do strike or court arrest or adopt other forms of civil protest and by chance run up a police record in the process.......who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!


    Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.

    another point people have been harping on (apologies for bringing this up but this is my only pet peeve amongst all the other wise great things that happen on this forum).......america's competitiveness and risk of reverse brain drain........personally - i think most people dont care two hoots about these issues - these messages and slogans are not out of a new found love for america but to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........


    so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!

    just to take the "popular" Gandhian analogy a step further......There was Home Rule League and Congress in existence in India for a long time.....their objective was to petition the British Govt for small changes........and their ultimate goal was to get dominion status for india......only when Gandhi came on board plus supporters of other proactive forms of protest.....like Subhash Bose.....Tilak etc and the armed freedom struggle started (Bhagat Singh, Azad et al)......did Congress wake up and ask for "purna swaraj" (complete independence).......so from 1885 (founding of congress) to 1930 (Lahore Session of Congress when purna swaraj declaration was made) - nothing happened......british empire went from strength to strength.......then in 17 years - India got independence.......

    pl think about what i wrote objectively......and dont jump on me just because i am playing devil's advocate



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  • GIDOC
    07-14 01:43 AM
    I would ignore this. Almost all the news articles in this country gave credit to the imimigrants in this country and the Immigrationvoice.org. I did not seen one where they mentioned the USINPAC.





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  • abhijitp
    03-10 02:12 PM
    Interesting experiment, and I can see that is how human beings respond sometimes.

    However we are guaranteed something in return when we TRY to do what we believe in, regardless of the odds as we see them: the satisfaction of DOING something about it, and a real shot at getting what we want.

    Easy to try it. Pick anything, literally anything about your life you want to change (from changing your job to losing weight to calling up your parents more frequently).

    Then WITHOUT THE FEAR OF FAILURE, do something about it. It will either work out, which will be terrific. Or it won't... maybe you don't success at that job interview after all, or you still put on weight. Even then, the satisfaction that comes from having TRIED is yours to keep! (Personally, I have found this to be more motivating for trying those things again, as opposed to the hopelessness that results from not trying and then seeing things not improve.) And of course, since failure is only one of two possibilities that there can be, you do succeed 50% of the times that you try honestly!

    In case of IV's efforts including the upcoming Advocacy Day, that is exactly how I feel.

    Freakonomics and IV participation by EB3IFreakonomics

    The guys from Freakonomics did an experiment in a Chicago school. They said they will give $50 to all students who will get a B or higher in all their subjects. After some time they have found out that students who were getting a grade in the vicinity of B earlier have improved their grades to B level. But the students who were already well below B, actually went down in the grading; from D to E for example. You can google for the details.

    In the GC saga, what we need is a B grade or above.
    EB3 Mexico already has a C grade, hence he tries hard to improve himself to a B grade.
    EB3I is in D grade. We more or less feel that trying hard is a waste of our time. If we try hard, we might get a C grade (means EB2I folks will get GCs :( :( ). The end result is that we go from D to E. That is what you are really seeing.

    PS: despite the above generalization, I am planning to participate in the advocacy days in DC and I have already contributed to the efforts. Because human beings defy logic and what is natural to other life forms on earth.



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  • riva2005
    04-12 12:40 PM
    I think this has been discussed on some other thread.. would it be a good idea to make the contributions public.. may be, this encourages others to contribute, when they realize how much more is needed to reach the monetary goal.

    In January, IV already said that they raised nearly 200K in 2006. Also, there are federal reports on www.opensecrets.org and senate's office of public records about how Immigration Voice spent money. They spent nearly 140,000 in 2006.

    I think that is enough transparency. There will be more when they file tax returns.

    Its not that people dont trust IV with money. I think people are just fine with waiting for 10 more years for Greencard. That's why, the core group should shut down this nonsense and do something better with their time.





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  • logiclife
    07-09 11:37 AM
    The flower campaign is apparently working as far as the attention the issue is getting.

    If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.

    PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :

    http://immigrationvoice.org/forum/showthread.php?t=6191

    Thanks.



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  • siddar
    05-13 03:14 PM
    As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
    When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
    A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).





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  • jessie1981
    06-18 02:57 PM
    Simple answer is NO. The local offices do not have this authority. Just have to wait for the USCIS wheels to move along at their own pace before you can travel.

    This is not correct. If one can prove that his/her family member is dying or just died, he/she can get an AP from local office immediately.



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  • superdoc
    09-23 08:32 PM
    Hi Gurus,
    I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
    sorry to hear that..i think u should be fine are u on h1 or ead..if on h1 then there should be no problem...

    FYI-- is it this desi employer?





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  • karsat
    07-18 09:53 AM
    If you can't get married at least on paper, then there is no other option.



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  • gaz
    04-20 12:01 PM
    it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.

    My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied. Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)





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  • singhsa3
    07-11 11:21 AM
    Saala dal abhi paki nahi aur kahane ke liye phele se hi fight shuroo ho gai.
    How does it matters guys, just focus on this effort. We do not have any political ambition, we just want our green card in LEGAL way.
    So do not loose sleep on this. And who know, we may end up needing them at some time.



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  • chanduv23
    05-14 12:01 PM
    Chandu,

    Although you bring up interesting discussion, but these stories about Neelima are really old. Dec 2005 ?

    Did you see anything recent on her ? Any updates ?

    As for handling these situatsions being diplomatic is best but that is easier said than done.

    Also, I think we are much more likely to face these types of problems with small companies which are in remote areas.

    Big corporations are much much better. I have been lucky in this regards that I have mostly worked with big corps.

    These companies actually go to extra lenghts to appreciate diversity.

    In fact last year in my current client Indians organized big Diwali festival celebrations to
    give American people a chance to enjoy Indian food and learn about our culture.

    Its not all bad. There are some very very good facets as well.

    Yes - I agree. I worked in big and small corps. In one of the corps I worked we used to have a friday noon lunch where every country person must talk about his culture and discuss, play their country music etc ...





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  • gcisadawg
    03-27 01:12 AM
    I got red with a message "so negative" for my post where I tried to be realistic.
    I guess people dont want to hear the truth! :(





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  • eb3India
    04-08 02:58 PM
    Intresting someone brought up Gandhi's name here, we just'nt could manage more than few hundred to get togather to raise one voice, I just wonder if I think how this person was able to inspire millions to march on street and follow him without any questions asked.

    back to topic, dude if you want you can go back there are many here who are counting on guys like you who will return so that their line gets shorter, we just go the way wind blows seems like itz going strong towards east these days





    pointlesswait
    01-23 12:49 PM
    I hope they do that ..
    Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?

    I will be completing my 9 yrs for H1 in Jan 2010...;)



    Allowing people to file for 485, but not giving any GCs may be the plan.

    Such a move do not bring much complaints from anti-immi groups. But this move will reduce the noise from people who have not yet filed for 485s. May be after getting EAD all those people will invest more in America.

    This is maximum bang for the immigration buck from the USCIS/DOS point of view.





    needhelp!
    05-07 12:39 PM
    ---- S wrote:

    Hehe.. I agree.. so I decided not to put my head under
    any of those caps ;)


    --- G wrote:

    > K,
    >
    > Coming to think of it, with all that we are going in
    > the US, with H-1B caps, with Green Card country
    > caps, > I think staying back in the US, is nothing short of
    > bold either..;)..j/k..
    >

    ------- K wrote:
    >
    > Bold decision, S. Good luck with all your
    > future
    > endeavors!
    >
    > K
    >
    > --- On Sun, 5/4/08, S
    >
    >
    > Hey guys,
    >
    > I am glad to inform you that we are moving back to
    > India this month. I have accepted an offer with <xyzMultinational>
    > India Development Center in Hyderabad. Just few days remaining now, so getting very busy winding things up... It's a very exciting time!! :)
    >
    > Cheers,
    > S