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  • krishnam70
    01-14 01:41 PM
    For those wanting to personalize it a little bit.


    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20510

    Dear Mr. President:

    I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve our quality of life.

    <insert personal blurb here>

    Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    “The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,

    Why not an interim AP or ability to travel using Original AP receipt before the actual AP arrives? The AP issue does cause a lot of disruptions in planned vacations or also in cases of unplanned emergencies.

    Sending my Letters today.. written and stamped up





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  • caliguy
    10-22 05:19 PM
    @ fatjoe

    I will call them tomorrow to find the status. Thanks for providing the phone #.

    Btw, can you send me a pvt msg with your email address? Thanks!

    Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
    Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
    [/QUOTE]





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  • simple1
    06-16 03:34 PM
    --
    Who actually controls the work? The client.

    Regardless of Fixed bid scenarios. The work is actually controlled by the client. You may be responsible for a part of the work.
    --

    I am talking about projects here. The project-sponsor is the client. They control the work.

    Not about product implementations for the products that were developed internally inside the visa-sponser's company.

    Repeating your quote here
    L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer

    I have put color coding for better understanding. Please read it again.

    This is what I wrote


    I hope this clears your confusion.





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  • singhsa3
    08-20 10:11 PM
    Can you please further explain how the visa flow will work if instead of horizontal flow it is made vertical flow... or you have some other interpretation?
    The idea here is to get USCIS to follow the law

    Yes, the old system will be restored. Please note that this is the only sure fire way of EB3-I going forward. There is some comments that EB3-I can really only benefit if EB2-I goes current with the current horizontal spill over rules. Such statements are clearly misleading. Eb3-I will not directly be impacted by EB2-I being current. It just allows EB3 to get a lot of numbers which will first be used by EB3-ROW before spilling over into EB3-I.


    With this change, we get EB3ROW move ahead faster, it probably would have been C had the rules been followed, and EB3 would have started moving ahead.

    The only way for EB3 to move ahead is for EB3-ROW to become current, nothing else will help EB3 beyond the visa recapture (which is iffy at best). If we get USCIS to follow rules, this happens sooner, and EB3-I starts to move sooner. If not, EB3-I shall wait for a long time.



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  • coolduggar
    09-10 04:19 AM
    http://congress.org/aila2/issues/bills/?bill=11328731&cs_party=all&cs_status=X&cs_state=ALL

    This link has the list of all the non sponsors of this bill each having email button so i think we call email them .





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  • fromnaija
    01-16 09:57 AM
    Thanks for your reply. Yes you are right but though I had the choice I was not allowed to enter on H1. Now when my AP is expiring on 01/26/2007 would it mean I may go out of status even if I have a valid h1 till 06/01/2007?

    No, you will not be out of status. It only means you won't be able to travel out and re-enter after 01/26/2007 without obtaining another AP.



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  • vikki76
    10-02 04:11 PM
    Some of us with 2004 are still waiting.





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  • simple1
    06-16 03:21 PM
    They should
    1. not be based on client location (only visit and communicate), must work from sponser's worksite.
    2. not be managed by client. Must be managed by sponser.

    http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.

    Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?
    until it happens to him/her.



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  • brb2
    08-19 10:57 PM
    The link is related to the fingerprinting background check. Almost 100% of the time the automated system returns an FBI record (an existance or not of a "rap sheet"). Only in rare cases when the finger prints are not clear USCIS sends a new FP notice.

    The issue here is the FBI name check which returns less than 68% in the automated response. Around 32% of cases (485/n400) are delayed of which less than 1% really may have a negative record most of which are reported by IBIS and finger print check.

    FOIPA only provides main file check report (not reference file report) which in any case is worthless for most applicants who have never committed a crime but are stuck in the name check due to a flawed soundex alogirthm that is applied for both roman based and non roman based names. Invariably Indians, Chinese, Arabs and Russians (and slavic names) are caught up disprortionately.

    Mr. has been lately tightening the screws and USCIS has to report in the next 30 days the response to his anual report to congress where he listed the FBI name check as the most pervasive problem affecting 485 and naturalization applicants and the fact that name check backlog grew by over 100,000 in 2006.

    Name check dissproportionately affects Indians, Chinese, Russians, slavs, Arabs and Muslims.

    http://www.petitiononline.com/mod_perl/signed.cgi?nc082505



    Here is some information nixstor dug up.


    http://www.fbi.gov/hq/cjisd/fprequest.htm

    One can get FBI Identification Record for $18. However some more research needs to be done about what is covered here. Obviously, one cannot get sensitive data analysis here that is done by name checks.





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  • godbless
    01-18 03:02 PM
    My attorney says that my h1 is still valid and I should file for my h1 extension and attach I 94 that I got with my previous h1 extension's approval notice.



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  • pani_6
    08-25 10:36 AM
    So after all this Is it flower, calls or Letter or all??..15 days counting for the next bullettin..:confused:





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  • test101
    06-28 11:51 PM
    I aske my lawyer to send the document on june 29th so it will reach july -1st or second. what happen if the USCIS recieve the document on july 1st?



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  • desi3933
    08-07 01:31 PM
    Yes, I agree that not filing GC earlier is not an excuse for MBA. The point is he still would have been in the same situation (EB3, 2003 is not too different from EB2, 2005) in terms of how fast he will get his GC..

    It is really better. He can recapture his old eb3 PD after getting approval for eb2 based I-140 for the manager job.

    Law provides equal opportunity to everyone for PD recapture. This is my point.

    And, for those who are going to argue that no one is going to file GC for him in 2003, this is not a valid legal arguement. Granted, it may be a emotional one.

    On a related note, how many people REALLY agree that GC is for the future job? But they never dispute that in court of law because it does not hurt their case. Anything that hurts their GC cause makes them victim and root cause for gaming the system.

    Have a good day!





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  • pani_6
    08-21 08:47 PM
    current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..

    Besides..you have been waiting very long from 01..just like me..incruiating..wait..


    The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.

    I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2


    What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.

    The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.


    Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.



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  • sc3
    08-20 07:39 PM
    Dear Mr. <insert ombudsman's name here>,

    SUB: Visa allocation for employment based third preference workers

    I am one of the thousands of employment based third category worker waiting for the priority dates to be current since many years. As you must be well aware that the backlog for EB3 category, and in particular for the Indian chargeability category has been lagging behind by almost 7 years, part of which is due to heavy subscription for the category.


    All through the years, heavy demand in EB3 category was in part alleviated by the spill-over visas from other categories. This was mainly due to unused visas in employment based first category, and to a lesser extent from employment based second category. For FY2008, the long standing spill-over utilization rules seems to have been changed, resulting in a drastic reduction of visas available to EB3 category.


    While I am not aware of an official guidance or a memo that details the impetus behind the change, it is widely accepted in the immigrant community that AC21 legislation played a major role in the change of rules.


    The immigrant community is confused by this new reading as the confluence of AC21 along with pre-existing legislations does not make the spill-over of EB1 into EB3 disappear. AC21 legislations clarifies that the visa numbers in one category must have no consumers within the same category before it be released for use by other category. That is any number within EB2 will not be granted to EB3 unless there is no demand with EB2 for that number [Do we need this additional clarification?].


    Spill-over from EB1 is dictated by the original text of section <$insert section here>, which seems to state that both Eb2 and EB3 should simultaneously benefit from the additional numbers. This reading is supported by the hypothesis that the EB5 spill-over which is mentioned in EB1 has not further mention in EB2 or EB3, but still the numbers from EB5 spills further down into EB2 and EB3 when Eb1 does not fully utilize the numbers.


    Furthermore, in the Visa bulletin for July 2008, it is mentioned that the spill-over numbers are required to be assigned to the longest pending case first. I assume, though not explicitly stated, that this assumes per-country caps to be reached first.


    Given the current trend in the priority dates for EB3, it is very clear that the spill-over from EB1 is being denied for EB3 preference, and this is causing tremendous hardships to people who have been waiting for long periods of time. I am sure that you agree that waiting for 7 years for a green card is extremely unfortunate.


    I hope you to hear back about your views on the spill-over allocation, and hopefully see some action that will alter the spill-over rules to allocate unused EB1 numbers to alleviate the wait times being seen by employment based third preference workers.


    Thanking you,
    Sincerely





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  • wandmaker
    01-09 06:39 PM
    Now long awaited Feb 08 bulletin is out and the dates are as expected. It is time for all IVans (including guests) to help IV to succeed in the campaign. Focus your energy, spread the word, make others do the same - IV will help us succeed.



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  • pappu
    01-07 07:09 PM
    Massive IV campaign for Administrative fixes


    Dear Members,

    Immigration Voice is starting a massive campaign to get administrative relief for our community. We have had several fruitful meeting with the administration in 2007, some of these meetings were scheduled in September, November and then in December. In these meetings, we were able to convince the administration about the implication and hardship due to current broken system. Since Congress has not been able to address our issues in 2006-07, we were successful in creating a case for administrative fixes that would give much needed interim relief to EB community. These meetings helped us start a conversation on possible administrative fixes like 3 year EAD-AP, clearly defining “same or similar” if AC-21 is invoked, and we are hearing favorable feedback.

    Due to lack of action on legislative front our community’s patience is running out and we want some relief urgently to get out of probationary status. We are thus starting this nationwide campaign that will help our advocacy efforts and get administration to act quickly. There are several components to this campaign.

    1) Support from lawmaker offices: We urge all our members to meet their lawmaker offices and get them to write to The President in support of administrative fixes and urging for an immediate administrative relief. The template of the letter is attached. Letters from lawmaker offices to administration get far more attention as compared to anybody else writing the same letter. The template of the letter is posted below. Please request lawmakers to give you a copy of the letter or lawmakers could copy IV on their letter to The President. Here is a template to write to your local congressman and senator: http://immigrationvoice.org/forum/showpost.php?p=212511&postcount=6 (http://immigrationvoice.org/forum/showpost.php?p=212511&postcount=6)

    2) Support from employers: We urge all members to approach their employer and have them send a letter to The President expressing support for our administrative fixes and appealing for an immediate relief. The template of the letter is attached below. Please request your employer to give you copy of the letter so that you could provide IV with the copy of the letter.

    3) Plea from our community: We urge all our members to write personalized letters to The President directly and convey their plight. If you would like to write your own personalized letter, please do so with your own story. Make sure to stick to the administrative fixes we have listed in the letter template and how these fixes could help you and your family. Please put your name and address in your letter. Anonymous letters will not be delivered and will be discarded. We request that you create 2 copies of your letter. One copy should be posted to The President and the second copy should be sent to Immigration Voice mailbox address at –

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    You can write your own letter or use one of the LETTER TEMPLATES below. Be sure it includes the key points.
    http://immigrationvoice.org/forum/showpost.php?p=212486&postcount=5
    http://immigrationvoice.org/forum/showpost.php?p=212483&postcount=2
    http://immigrationvoice.org/forum/showpost.php?p=212484&postcount=3
    http://immigrationvoice.org/forum/showpost.php?p=212485&postcount=4
    http://immigrationvoice.org/forum/showpost.php?p=212512&postcount=7


    The deadline for receiving all the letters is 1st March 2008. Our plan is to collect thousands of letters that we will also receive in IV mailbox and deliver them, along with the letters from employers and lawmakers across the country, during our meeting with the administration. We believe that this will make a necessary impact to strengthen our case and gather the necessary political will required for administrative fixes. We will also try to get media coverage for this campaign and draw national attention.

    Please inform all your friends stuck in greencard retrogression and have them participate in this effort. Please post information about this campaign and link to this thread to as many sites, blogs you can so that we can get extraordinary scale of participation. The success of this effort will depend on the collective sincerity of the entire EB community to get letters from lawmakers, employers and members of the community. Immigration voice is counting on each and every member and it is in up to each member to make this campaign a success and help us to improve our and our families’ lives.
    Reminder: Pls mail 2 letters

    1) (copy 1)please send a separate letter to the President.
    2) (copy 2)Send a copy of that letter to IV. After the letters are sent to the President, IV will have a meeting with senior administration officials. In that meeting we will carry the copies of the letters and deliver to them.

    ============================================

    Pls feel free to change the text of the letter and personalize it if you wish. If you wish to include your story and attach a photo copy of your degrees, patents, awards, please do so. Just make sure to include the information on provisions we are trying to push.

    If you are handwriting the letter, your writing should be legible. If nobody can read your writing, then it will defeat the purpose. Write the letter in such a way that the key points are easy to read. If you would like to use rules, bold text, highlighters etc... go ahead and do it.

    We all need to be as creative as possible to make this campaign a success.

    ============================================

    Everyone that took part in the IV lobby day in September 2007 should get in touch with the lawmaker offices now and request them for letters. If you have met your local lawmaker offices through state chapters or on your own, it is time to visit them again for this request.





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  • NYC-circuit
    11-05 08:03 AM
    Posted the letters on Election day :-)





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  • leoindiano
    10-22 10:07 PM
    my case assigned to IO on sept 17th. still waiting.

    Got biometric code 3 notices on 23rd. got it done on 29th. RD august 3rd. ND Oct 11th.

    Senator, infopass, lawyer follow up got the file assigned to IO.

    You can lead a horse to water, but you can't make him drink





    appusheth
    05-26 11:58 AM
    Hello,

    Citizen of India.
    1st H1 valid until Sept 2008.
    Consultate for CP will be Mumbai, India.

    I have a couple of questions pertaining to GC.

    My LC is approved 2 days back (Filed - May 17, Approved - May 25) I didnt know this happens so fast. We have not yet received the cetitified documents from the department so I dont know whether its EB2 or EB3.

    My lawyer says it is upto the department to decide whether my case comes under EB2 or EB3? Is this right?

    Now we plan to file the I-140 in June 07. Should I go for premium processing right from the first time? My company is ready to do this. But someone said on one of these websites that this creates a suspicion in the minds of the department. I dont know how true this is?

    I am thinking to opt for Consular Processing. What do you recommend on this?

    I have read that we can also file I-140/485 concurrently. What does that mean? I was under the impression that first I-140 needs to be approved and only then we can file the other papers.

    I read in one of the posts that the 485 and EAD were approved becore I-140. How is that possible?

    Now the main thing that is bothering me is the financial situation of the company. They have good money and they can afford to pay me well, but the old accountant messed up big time and filed all wrong taxes and di not maintain proper records etc. So on papers its not such a great company, but they have money for sure. How can this be a hurdle?

    All your help will be highly appreciated.

    Thank You.





    perm
    06-19 09:22 AM
    Hi everyone,

    I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.

    Thanks
    go to irs.gov > personal section and find somethink like transcripts. you can oder transcripts for free or copy of your tax return for $39 ( I guess)



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