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  • h1techSlave
    11-19 10:20 AM
    If you look at the numbers.
    EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
    EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.

    Now take your pick.

    h1techSlave,

    I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....

    Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?





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  • EB3Ind
    07-25 09:57 AM
    hi,

    what i heard from my new employer is that it is not advisible to invoke Ac21 as long as you get RFE from where you have filed your 485 application or through attroney,

    they told me that if you invoke AC21 it may delay your process. so what i feel is that it is better not to invoke AC21 as long as previous employer is in good terms with you....





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  • Dhundhun
    03-30 12:42 AM
    Read AVR rules.

    http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.





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  • ashkam
    07-20 09:11 AM
    My attorney said e-notice is fine and applied.
    but in enotice it is written

    Please note that this e-mail message is being sent as a
    courtesy and cannot be used as evidence of nonimmigrant
    status. Nor can this message be used as evidence to procure
    an immigrant visa


    I am worried if my packages comes back after aug 17?

    My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.



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  • ajju
    04-10 12:45 PM
    I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.

    Then its possible.. depending from where GC was filed...

    Call them and lets us know what you find out...





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  • nepaliboy
    05-17 04:41 PM
    Practically not much.

    If FP is for EAD, one is likely to get EAD soon with fingerprints.

    If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).

    FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.

    It is expected that Priority Date and Processing Date will be cause of delays

    so my pd is current now september 2005 row , my rd is july 2nd 2007 , i had not receive fingerprint notice yet but last week i took infopass and io shedule for 28 th may 2008 ,
    after may 28 2008 , after taking fingerprint for my i 485 what do you think they will process my case straight forward ?



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  • Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

    ---------------------------------------

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



    More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)





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  • Ann Ruben
    03-19 04:06 PM
    Unfortunately, there is no way to avoid the DOL online PWD system for PERM---it is mandatory.



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  • designserve
    02-22 02:25 PM
    IRS holds records for 3 years after which tracing back is not possible.Pray!!!





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  • amsgc
    01-15 11:13 PM
    Unless the country cap is removed from EB immigration - things will not change for folks from India.

    Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?

    waiting in the new congress
    Check the Bill H.R.264

    http://thomas.loc.gov/home/c111query.html



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  • Picasa
    08-13 08:01 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.

    How this is releated to our cause?:confused:





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  • titu1972
    08-17 03:31 PM
    Hello everyone,

    Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.

    SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?


    Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
    Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
    Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320

    If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...

    Hope for the best..



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  • gcformeornot
    10-13 07:28 AM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.

    you luck.





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  • simon03
    07-14 12:24 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?



    Should I



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  • whiteStallion
    10-17 03:35 PM
    If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.


    I agree to that wholeheartedly!
    I used to work for a Consultancy A(a middle size desi Consultancy firm based out of NYC)...signed a 2 year contract...broke it within 6 months & joined an even worse company B(which I found out only after joining them...very small west coast company)... got sued by company A ...left B and joined back A.

    But after coming back to them(A), I could appreciate more of their way of working ...as I saw even worse companies. If you are honoring the contract, then everything is fine...
    So, some of my friends, would say company A is a bloodsucker....for me they are still better than most other Desi consultancy companies.
    Since then, I have moved on in life and do not work for company A....





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  • 3ZS
    May 11th, 2006, 07:36 PM
    Hi -

    I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.

    Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?

    The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?



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  • vxb2004
    04-28 09:21 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.

    My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.





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  • purgan
    03-14 01:28 AM
    So now we have it....an official National panel has declared it.

    Immigration restrictionists are US schools have been doing just fine and so the country doesn't need scientists and engineers from abroad. Well, this just proves they have been llying all along...just because they don't like immigrants and don't want any competiton.

    http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR2008031301492_pf.html
    ===
    Panel Urges Schools to Emphasize Core Math Skills

    By Maria Glod
    Washington Post Staff Writer
    Friday, March 14, 2008; A06


    A presidential panel declared math education in the United States "broken" yesterday and called on schools to focus on ensuring that children master fundamental skills that provide the underpinnings for success in higher math and, ultimately, in high-tech jobs.[/B]
    The National Mathematics Advisory Panel convened in April 2006 to address concerns that many students lack the know-how to become engineers and scientists. The 24-member panel of mathematicians, education experts and psychologists said yesterday that students need a deeper understanding of basic skills, including fluency with whole numbers and fractions. It urged more training and support for teachers and called on researchers to find ways to combat "mathematics anxiety."

    Larry R. Faulkner, chairman of the panel and former president of the University of Texas at Austin, [B]said the country needs to make changes to stay competitive in an increasingly global economy. He noted that many U.S. companies draw skilled workers from overseas, a pool that he said is drying as opportunities abroad improve.
    "Math education isn't just about a school subject," Faulkner said as the panel released its final report at Fairfax County's Longfellow Middle School. "It's fundamentally about the chances that real people all across this country will have in life. And it's about the well-being and safety of the nation."

    Scores from the 2006 Program for International Student Assessment showed 15-year-olds in the United States trailed peers from 23 industrialized countries in math.

    The panel stressed that many students are simply befuddled by fractions. And one panel member noted that a recent survey of middle school students found that 84 percent would rather clean their room or take out the garbage than tackle math homework.

    President Bush charged the panel with examining ways to ensure that students have a strong grasp of the building blocks needed for algebra, a gateway to higher math. Students who complete Algebra II are more likely to attend and graduate from college.

    Education Secretary Margaret Spellings said the report's release was a "seminal moment" in math education and urged teachers, school boards, colleges, interest groups and parents to use it as a guidepost to refine instruction.

    "I want every stakeholder in the equation of education to look at all of this and act on it," Spellings said. "I think there are very actionable steps right now. Teachers, starting today, can pay more attention to fractions."

    The panel concluded that the math curricula and textbooks in elementary and middle schools typically cover too many topics without enough depth. It noted that countries in which children do best at math, including Singapore and Japan, emphasize core topics.

    The panel identified benchmark skills that students need for a strong math foundation -- for example, that students be able to add and subtract whole numbers by the end of third grade. By the time students leave fifth grade, the panel said, they should be able to add and subtract fractions and decimals.

    "I think the main message of this report is simple -- content is king," said Tom Loveless, panel member and director of the Brown Center on Education Policy at the Brookings Institution.

    It's not just lessons that need to change, the panel said, but also the nation's attitudes about math. In a culture in which parents say they "weren't good at math either," children assume they don't have the talent for numbers. The panel said that research shows that practice pays off and that adults need to give students that message.

    The panel also weighed in on the long-running battle between traditionalists, who favor a focus on memorization and drilling, and those who prefer stressing concepts and letting students make connections on their own. Students need to know math facts and have automatic recall, Faulkner said, but they also need "some element of discovery."

    "I think this panel has gradually evolved to the view that most members believe that most effective teachers draw from both philosophies at different times," he said.

    The panel met a dozen times, heard testimony from groups and individuals and reviewed thousands of research papers. The panel said that it is "self-evident" that teachers need to have strong math skills but that more research must be done to find the best ways to prepare them.

    Local educators, business leaders and interest groups were delving into the report yesterday afternoon. School officials in Montgomery and Fairfax counties said the recommendations mirror efforts underway to help more children successfully complete an algebra course by the end of eighth grade.

    Roy Romer, former governor of Colorado and chairman of Strong American Schools, said the report illustrates a need for states to voluntarily agree on standards that are "uniform for all of America and benchmarked against the rest of the world." The nonpartisan group seeks to make education a priority in the 2008 presidential election.

    "We include too much, we're much too broad and we don't go deep enough," said Romer, who also served as Los Angeles school superintendent. "We put out these textbooks with 750 pages, and if you're a fourth-grade teacher, you can't teach 750 pages. You have to be selective."





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  • kartikiran
    10-05 03:48 PM
    Administrators, I am sure the question from "bluekayal" was an innocent one.

    Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.

    I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.

    Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.

    Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)

    Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.

    IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.





    cheg
    08-21 03:15 PM
    I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?

    Gurus,
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.





    mnkaushik
    05-14 11:11 AM
    FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.

    If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.



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