Saturday, June 11, 2011

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  • Vic
    10-11 12:12 PM
    Hi everyone,

    I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.

    My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.

    I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.

    Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?

    What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.





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  • k3GC
    11-11 11:21 AM
    Please check this post by murthy on Non 09, 2007

    http://www.murthy.com/news/n_nupush.html

    On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.

    Any IV updates on this ?

    Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?





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  • abracadabra
    07-06 12:51 PM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/07/05/DI2007070500813.html





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  • bbenhill
    10-12 06:20 PM
    Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

    Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

    I found this confusing, here are the questions :
    1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
    2. which one that I need to surrender ? is it from airport or H1B approval ?

    Please advice ... I am really confuse with this immigration things ..

    Regards,



    You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...



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  • bluekayal
    05-14 04:47 AM
    google "follow to join"





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  • pd052009
    09-13 12:31 PM
    No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(



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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.





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  • willigetgc?
    09-24 10:21 AM
    my problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.

    hypocrisy at its best!



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  • Blog Feeds
    11-19 03:01 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

    For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

    Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

    In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

    According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

    Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

    Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

    Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

    Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

    All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

    And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)





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  • Lewwy
    10-28 06:34 PM
    Wehey - I can do all that (- website layouts) and I havent had classes yet :)
    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?



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  • sk.aggarwal
    07-23 12:46 PM
    Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?





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  • gc_nebraska
    01-08 02:22 PM
    Thanks for the info Ram Nara , so on your passport you just have the B1 stamped ?Did they question you at port of entry? Any documents?



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  • augustus
    03-10 02:57 PM
    Hi,

    My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.

    Could you please guide us in self filing?

    a) Is there E- renewals? What about photographs for such renewals?

    b) What documents are required for renewing?

    c) Where can we find information regarding EAD and AP renewals?

    Please help us. Thank you very much.

    Regards,
    Augustus.





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  • bluez25
    07-26 10:20 PM
    Hi Rick,

    Are you saying plain white paper with out the letter head is fine?

    My local police is saying that they do not have a letter head printed.
    Can you share your number so I can call you some time today.


    I have sent you my local phone number to your IM . Please check..



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  • dhesha
    12-16 04:29 PM
    Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08

    I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska





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  • msyedy
    12-13 11:30 AM
    CIR agenda in 100 hours not days..........



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  • gcboy442
    08-26 10:28 AM
    Clockwork : Yes I am talking about LUD on approved
    I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....





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  • langagadu
    06-27 11:46 PM
    Please merge your thread with the following one which we had one year back. Join your hand with rpuja.

    http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html



    I dont know how true it is..I found the article at this site

    Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)

    Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)


    I think this is sick if its real





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  • Drifter
    09-01 04:50 PM
    I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.

    1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.

    OR

    2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....

    lots of questions .... no answers... only silence....





    GC08
    06-19 07:28 PM
    Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?

    Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).

    Thanks in advance!





    gc_nebraska
    01-08 02:22 PM
    Thanks for the info Ram Nara , so on your passport you just have the B1 stamped ?Did they question you at port of entry? Any documents?



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