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Saturday, June 11, 2011

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  • CaliHoneB
    06-05 03:53 PM
    I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
    I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to this should be handled seperately. I am willing to contribute, send faxes and call the senators.


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  • eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501

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  • irock
    07-27 12:15 AM
    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..

    Before they used to approve one or three years based on either Receive Date or
    approval date (random) of your H1 extension application.

    But in the latest FAQ (question 17),
    they announced that if your PD is not current at the time of your *date of filing/received date*, they will give
    you three years extension.

    I applied my extension on July 9th thinking that my PD is not current based on July 2nd VB. :(
    Now it seems I get only one year extension.

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  • gyrog
    06-04 10:28 AM
    Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.


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  • harivenkat
    05-17 02:36 PM
    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.

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  • redgreen
    01-07 01:37 PM
    USCIS has clearly mentioned that UI benefits are not considered a public charge.
    There are several threads in IV also on this topic.

    eb3retro clearly mentioned that he/she is not interested in the 'debate of whether UB can be claimed while in AOS state', but still many without even checking anything anywhere just going on doubting, worrying, suggesting nonsense, etc.
    [even though eb3retro knows that getting ui benefits is not a problem for gc application, it is surprising that s/he doesn't know where to find better information on ui benefits! atleast IV is not the best place to look for it! when people lose their job, are they not supposed to get these information by mail from the employer? atleast that is the law in most states.]

    Anyway many people ask even things like what is the fee for this/that application, etc? And people even argue on that when anybody can get these information very clearly from USCIS website. It looks like many people don't even read basic instructions.


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  • ragz4u
    03-06 12:46 PM
    i contacted Senator dewine, urging him to back the PACE act
    here is the reply i got

    keep ur fingers crossed:)

    Dear xxxxxx

    Thank you for contacting me regarding illegal immigration. I agree
    illegal immigration is a very serious problem and appreciate knowing

    Currently, there are approximately 11 million undocumented immigrants
    the United States, with close to 1 million more arriving every year.
    our current immigration system is broken. It is a system that is not
    for American security, particularly during our fight to combat
    international terrorism. It is not good for American workers and
    businesses. And, it is not good for the immigrants, themselves.

    To tackle this problem, we must have a comprehensive immigration plan
    toughens our borders, documents illegal immigrants, and provides for
    American labor needs. The Senate Judiciary Committee, of which I am a
    member, is set to take up immigration reform soon. In fact, several
    immigration bills are currently pending before the Committee, including
    border protection bill passed by the House of Representatives in
    2005. As the Judiciary and the full Senate debate immigration reform,
    will be certain to keep your views in mind.

    Again, thank you for contacting me. If you have any additional
    please feel free to contact me anytime.

    Very respectfully yours,
    United States Senator


    Disclaimer: The email account that this message originated from does
    accept inbound messages, therefore please send all electronic
    correspondence through our webform located at:

    This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.

    As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.

    Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.

    You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you

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  • rrk
    03-18 10:58 AM

    I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.


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  • gcnirvana
    04-30 12:37 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!

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  • pcs
    07-17 09:39 AM
    IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....

    WHAT ARE YOU WAITING FOR ???????????





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  • rocky17105
    07-29 09:48 AM
    Could anyone senior in the forum please let me know if there is any way for me to get 485 reopened sooner where its USCIS mistake to deny 140 and 485.

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  • akkakarla
    09-06 06:46 PM
    Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.


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  • ita
    11-12 09:42 AM
    My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.

    What is the # u called to talk to CSR?

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  • camarasa
    08-09 06:00 PM
    Immigration debate: Firms warn of lack of workers
    Federal crackdown could force firings across the state.
    By Susan Ferriss - Bee Staff Writer
    Published 12:00 am PDT Thursday, August 9, 2007

    California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.

    People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.

    Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.

    As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.

    The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.

    Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.

    Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.

    "This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.

    "I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."

    Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."

    Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.

    Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.

    Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.

    They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.

    While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.

    A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.

    "The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.

    Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.

    But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.

    "He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.

    "I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "

    Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.

    Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."

    Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.

    He predicted that dismissed landscapers will enter the underground economy.

    Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.

    "This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.

    He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.

    "Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.


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  • jsb
    03-25 02:45 PM
    If you have all the PERM case numbers with you then you should be able to find your PD in this link and
    It is interesting that you can find company names and sponsored people in this database. With job titles you can even guess who they are. I found mine, my job title being so specific.

    Although employer owns I-140, it also relates to the person being sponsored. So, it should be possible to get a copy from Company A and B.

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  • zoozee
    08-14 05:44 PM

    Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.



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  • lelica32
    11-05 11:31 PM
    Please send him letters to the following address:

    Barack Obama
    5046 S Greenwood Ave
    Chicago, IL 60615-2806

    Let him knows about our problems.

    I will send tomorrow a letter.

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  • gc_on_demand
    09-19 11:24 AM
    If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?

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  • Ann Ruben
    02-09 10:47 PM

    Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

    A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

    You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?


    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.

    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.

    07-10 09:47 PM
    as we know the answer now
    can somebody close this thread before people start writing one after other their last name and center.

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