Thursday, June 9, 2011

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  • jojet
    09-28 09:25 PM
    i am in the same boat.aos application reached nebraska july 2nd.checks not cashed.not in the system.clueless.




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  • spdy_mn
    08-02 01:49 PM
    Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.

    Alrighty, submit the copies and have the originals in hand. That works, thanks




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  • rennieallen
    11-04 10:41 AM
    Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

    That'd be "removing all doubts" ...




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  • pappu
    01-15 11:00 PM
    Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.
    Thanks Harsh.



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  • dontcareanymore
    08-24 11:50 AM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).

    I did not check your PD. You will get your day....stay calm.

    At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.

    Based on the facts you gave :

    1) Your employer has been paying more than the salary mentioned in your contract.
    2) You don't have any proof that you paid them for GC process.
    3) You did not provide any information that suggests they are willfully delaying your case.

    What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....




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  • LostInGCProcess
    06-17 05:05 PM
    The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
    The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.

    In this case EVL, W2s, and paychecks is enough to prove.



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  • sk.aggarwal
    06-17 08:45 AM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.




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  • eb3retro
    07-22 08:04 PM
    Hi Suk,

    We have been already working on this. Please see:

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

    On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

    This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

    Thanks for your help!


    Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.



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  • amoljak
    03-24 03:16 PM
    They have
    Exempt post-secondary foreign students in math/tech/eng/science (est.2)
    200000
    I don't know what that is...

    And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil

    There are no calculations for that.. you may want to ask her where that number came from...




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  • GodHelpUs
    03-21 10:48 AM
    I am really shocked on looking at this article.

    http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?hp

    An Agent, a Green Card, and a Demand for Sex

    Article Tools Sponsored By
    By NINA BERNSTEIN
    Published: March 21, 2008

    No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
    Skip to next paragraph
    Enlarge This Image
    Uli Seit for The New York Times

    Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
    Audio A Secret Recording
    Enlarge This Image
    Uli Seit for The New York Times

    The Flagship Restaurant, where Mr. Baichu met with a green card applicant.

    The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.

    �I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�

    She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.

    The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.

    No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.

    The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.

    His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

    Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.

    The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.

    The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.

    Reasons to Worry

    A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.

    She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.

    She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

    But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.

    So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.

    �We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.

    As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.

    In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.

    �If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.

    The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.

    He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�

    Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�

    Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.

    His reply, the recording shows, was a blunt demand for oral sex.

    �Right now? No!� she protested. �No, no, right now I can�t.�

    He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�

    Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.

    How Much Corruption?

    The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.

    Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.

    �It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�

    �Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�

    When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.



    Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.



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  • lsuk
    07-21 07:17 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?




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  • gcformeornot
    08-08 04:25 PM
    there already a big thread on this subject. Its right there on IV Homepage

    http://immigrationvoice.org/forum/showthread.php?t=12135

    Please refrain from creating threads for such matters. It adds confusion.



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  • kaisersose
    10-28 11:40 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?

    The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.




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  • lord_labaku
    10-05 06:20 PM
    Guys,

    These are standard trick questions. Its done quite frequently...maybe you guys dont travel frequently....but enforcing officers...like cops, security people, immigration check post officials are all trained to ask obvious, simple straightforward questions and supposed to judge your behavior, body language....not the exact answer....next time....try giving like a really long winding answer and see if they even care.....half way through your answer...they would have already stamped your passport.



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  • peer123
    04-17 11:17 AM
    How to find associated SOC code with DOT code (DOT code is on LC certification, OCC code , Ind COde and OCC title is on certified LC)? I tried to find my case in the MS Access databases (from year 2001 to 2007) but could not find my case at all. My PD is May 2004, and LC certified March 2006(was sent to Backlog Center in Dallas), which MS Access database do I need to look into?

    My title on LC is programmer analyst (OCC code= 030.162-014), read thru the forum replies, found that programmer analyst have OCC code= 030.162-014 and SOC code=15-1031, most of them found their SOC code from MS Access database(some found in their Certified LC??? ). I am presuming my SOC code to be 15-1031, but wanted to confirm that. I am debating on invoking AC21, but need to make certain SOC code matches with future employer (future employer gave me job code as 15-1031) as my future title will be totally different (instead of programmer analyst, it will be IT Business Specialist).

    Any help/hint will be highly appreciated.

    Regards,
    GCCovet


    why donot you try to get the letter in the format that confirms to your labor, I know its really hard to make everything the same, but if job duties are the same then you may not have any issues




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  • yabadaba
    06-14 08:04 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?



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  • GCwaitforever
    09-18 10:47 AM
    Why focus our energies on cosmetic changes?




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  • trueguy
    08-11 10:57 AM
    please add year 05, 06, 07 and 08 too.

    Please vote here for cases with PD of Jan 2004 onwards:

    http://immigrationvoice.org/forum/showthread.php?t=20797

    Thanks.




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  • satyasaich
    12-03 04:37 PM
    Very useful information and thanks for sharing.
    Truly i have no idea that people on H1B (for example) are also eligible for some sort of benefits.
    Good to know

    Satya
    Satyasaich you are wrong on multiple levels. People with an EAD are in fact eligible for unemployment insurance. Here (http://nelp.3cdn.net/5727e33f7447025233_1ym6b9eh4.pdf) is a document with more information. This is not to say that availing of that benefit might not harm your green card prospects. What you are, in fact, referring to are social security benefits which are different from unemployment benefits.




    ajp5
    05-05 10:15 AM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

    That is incorrect. It does not have to be approved before you can start working. My wife recently got her H1 to H4 to H1 approved and she started work as soon as H4 to H1 was filed.




    munnu77
    04-16 01:55 PM
    Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
    http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html

    How is the IT job market there? who are the big employers in Houston area?


    not a good place for IT...dallas or austin is better than houston...



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