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Monday, June 13, 2011

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  • Friend
    02-18 10:21 PM
    Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.

    In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.

    In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.

    For this reason, I advised you to wait until the PD for your category become current again.





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  • styrum
    02-25 02:39 PM
    Literally this means that by now they have processed only those applications, for which priority dates are current and they had been filed before April 2007. But they are outright lying! I personally know a EB3 guy who filed 140 premium and 485 in May 2007 and got GC before the July fiasco.
    Who beleives that since the last June frenzie (66000 approvals in one month so that they "have used" all the quota for 2007) and 7 months after that they didn't process anything beyond April? I don't!

    You see, it means the haven't been processing any applications since at least June 2007! :mad:
    Yes, even with priority dates current we are now stuck in the "processing backlog" which they expect to clear by the end of 2010 according to our "friend" USCIS Gonzales, because "there were too many applications filed in June-August", See? it's all our fault again.





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  • crystal
    07-08 01:59 PM
    Why is he mentioning as East Indians instead of Immigration Voice membershttp://www.immigration-law.com/

    It's right on the home page.





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  • eastindia
    04-08 08:39 AM
    Looking at this issue, isnt' it USCIS who is at fault here ?
    How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?

    This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.

    This is really wonderful.

    USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.

    I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.



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  • pbojja
    02-26 04:45 PM
    If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.

    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying





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  • senthil1
    05-18 01:14 PM
    This is an excellent provision. I support giving exemption for PHds from H1b also. It is not that much easy to get Phd and very less people opt for phd. This should not get any opposition even from anti immigrants.

    and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...



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  • dingudi
    06-07 11:45 AM
    Is this RFE on your pending 485? What service center is this at? TSC or NSC.

    Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.





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  • raysaikat
    04-23 03:28 PM
    Hello thanks for the reply.
    By applying for a petition did you mean:
    - give the job advertisement in a newsletter,
    - get the LCA
    - then apply for a petition - I-129
    >> what is the time frame for this petition application?
    - apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
    >> i'll be still working with my J2 EAD, during waiver comes.
    - once the waiver comes, then what is the procedure?\

    Thanks again!

    Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.



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  • jonty_11
    11-06 12:29 PM
    I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
    Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?





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  • krishgreen
    06-01 04:43 PM
    Hi All,

    I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.

    Here is the complete process that I have followed from start to End:

    * I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.

    * Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
    * Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
    * On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.

    **** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****

    *Then he will drop you at US Consulate and stay outside until you pass the security line.

    * After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
    * After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
    *After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.

    At the Visa Interview counter:

    Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.

    VO: Why did you change the company from your Old to New.
    ME: Explained the situations.
    VO: Do you directly work for the client of your Current Company.
    ME: No, I work for a client of another Vendor.
    VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
    ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
    VO: How do we trust that you are really working for the Client.
    ME: I pulled out my client letter and Photo ID Card and gave it to VO.
    VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
    VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
    ME: Handed over all the W2's and Payslips.
    VO: Can I see your bank statements for last 3 months.
    ME: Gave my bank statements.
    VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
    ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
    VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
    ME : No.
    VO: What is your job description.
    ME: Explained.
    VO: Is your greencard petition filed.
    ME: Yes.
    VO: Can I see your Approved labot and I-140.
    ME: I have approved labor, but, not approved I-140.
    VO: You are supposed to carry all the documents.
    ME: Blank face
    VO: Okay, your Visa is approved.
    ME: Thank you :-)

    NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.

    We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.

    Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.

    Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.

    Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.

    After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.

    If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).

    If anybody have any questions, please let me know.

    Good luck.



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  • h1-b forever
    01-24 09:29 AM
    This bill is probably stuck in some committee and will not see the light!

    Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?





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  • hydboy77
    04-27 11:53 PM
    if what you said is correct then if dates move forward then people at NSC are going to get far more GC than TSC because 485 applications have been pre processed at NSC and TSC will not be able to match NSC in issuing GC

    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.



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  • saileshdude
    07-21 09:44 PM
    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.

    mhtanim,

    My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.

    Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.





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  • chris9902
    06-12 07:41 PM
    about as much as i want aids



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  • rockstart
    06-10 08:30 AM
    I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.





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  • HOPE_GC_SOON
    07-12 10:21 PM
    Hi,

    Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:

    Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)

    Thanks.






    Thanks for the responses. Will call uscis on monday.



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  • ras
    05-24 12:26 PM
    Can the IV (ImmigrationVoice) university award me a Ph.D please..... :D. I have been doing research on IV Forums for the last few years...

    They are no lesser than any research being done in cozy labs out there...





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  • eb3retro
    03-15 01:38 PM
    eb3retro,

    Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

    Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.


    Thanks for the response admin, I understand your concerns.





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  • cox
    November 24th, 2005, 08:46 PM
    I took two very similar shots of the same flower. This is an Alyssum. The whole cluster is about the size of my index finger! Which treatment do you prefer, the light or dark version?

    Light (1DsII, ISO 400, 25mm extension tube, EF 100 Macro, f/9.0, 1/13s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0371.jpg

    Dark (1DsII, ISO 100, 25mm extension tube, EF 100 Macro, f/2.8, 1/160s)
    http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0331.jpg

    Any comments are appreciated :)





    permfiling
    01-18 01:35 PM
    Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements





    snram4
    01-19 09:42 PM
    People voted Obama just for economy and jobs. I remember when Paulin was announced GOP was leading for 2 weeks. When Stock market started tanking with demise of Lehmen GOP started losing. Imstead of not concentrating on economy he started working on healthcare. So democrats lost. In this situation he will realise now and he will take economy as first priority and immigration will be last 10th priority. Immigration group may have defend many anti immigrant bills and memos in this year. But nothing will be passed either for or against immigrants. Status quo will continue for 2010. This nov Election results will decide CIR 20111

    Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!



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