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  • richshi
    10-18 11:05 PM
    An important bill was introduced in the house today that forces the FBI to end all namecheck backlogs. This is a very short bill and it has just one provision - to end namecheck backlogs. This is exacly the kind of bill we were looking for.
    This is different from the bill that was passed in Senate recently.

    The important thing for all of us:
    WRITE TO YOUR REPRESENTATIVE AND ASK HIM/HER TO SUPPORT THIS BILL.

    Unless you write, this bill is not going to pass - please do so immediately.
    You can find out who your representative is and for instructions on how to contact him/her here:

    http://www.house.gov/writerep/

    Please post this message in all immigration groups you are member of.

    PDF version: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t xt.pdf

    HR 3828:
    (a) In General- Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall jointly provide to the Committees on the Judiciary, Homeland Security, and Appropriations of the House of Representatives, and the Committees on the Judiciary, Homeland Security and Governmental Affairs, and Appropriations of the Senate, a plan for ensuring that, within 18 months of the date of enactment of this Act, the National Name Check Program, administered by the Records Management Division of the Federal Bureau of Investigation (FBI), will no longer have any requested name checks from U.S. Citizenship and Immigration Service (USCIS) in backlog status.

    (b) Elements of Plan- The plan shall include the following elements:

    (1) Necessary improvements to computer systems so that all records may be transmitted, maintained, and checked electronically, and whether it is possible to centralize this information in a single searchable database.

    (2) How the FBI will improve communications with USCIS to ensure the maximum efficiency in processing name check requests from that agency.

    (3) Security upgrades in transferring information between the FBI and USCIS to ensure the privacy of any individual receiving a name check.

    (4) Long-term fixes that will prevent any future backlog, including a risk management analysis of changes that can be made to streamline the process and policies for obtaining FBI name checks in connection with applications and petitions for immigration benefits.

    (5) An estimate of the funding required to complete the operation by the required date along with an estimate of any possible fee increases.

    (6) A study regarding the best practices in assessing the level of risk presented by applicants. The study will determine whether the current risk assessment process should be modified.

    (7) A report of the number of applications and petitions that remain pending at USCIS more than 6 months after the name check results have been returned from the FBI to USCIS.

    (c) Effect of Backlog On and After 18 Months of the Date of Enactment of This Act- Beginning 18 months after the date of the enactment of this Act, the National Name Check Program is not authorized to have any file in backlog status. After that date, any name check request from USCIS held in the possession of the National Name Check Program for longer than 6 months--

    (1) will be referred to the Secretary of Homeland Security, who shall adjudicate interim benefits in connection with the application with which the FBI name check was requested, unless the Secretary certifies there is reasonable cause to suspect that the applicant poses a threat to national security, otherwise poses a threat to the United States, or has broken United States immigration law; and

    (2) the name check fee shall be fully refunded.

    (d) Backlog- For purposes of this section, the term `backlog' means, with respect to a file sent to the National Name Check Program from USCIS, that the file has been pending under the jurisdiction of the Justice Department for longer than 6 months.

    END




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  • laborchic
    01-06 02:02 PM
    I posted this question at Change.gov. It has 301 votes now ...please vote for it and have others do it as well.

    Current US Immigration laws create, long delays for LEGAL, highly skilled immigrants, in getting their permanent residency. These immigrants pay their dues. When you'll address their concerns or you'lll continue to punish them for following law?"

    Engineer: Can you please provide the link for your question on Change.gov

    We will ask our friends and colleagues to vote for it.

    Great job..




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  • fasterthanlight�
    05-31 05:30 PM
    Theres a bunch of gangs at my school, one of them wanted me to join 'cause im pretty good with a bow staff...

    Ok, enough napolean dynamite quotations for now... ben specifically asked for no spam!




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  • raj1998
    04-19 12:54 PM
    Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!

    I work for intel, there are quite a few guys with under graduate degrees in Mathematics (though I will say that not anyone from India, that I know of) on H1b and I dont find them inferior to any of us 4 year BE employees. Secondly, I also dont agree to the online degree comment as well. My collegue just finish his Masters from North Carolina University and I can say it was not easy...



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  • GC2002-2008
    02-06 12:12 PM
    How do we call DOS ? Is there any contact number for this Visa delays ?

    Please let us know.




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  • maddipati1
    11-21 09:15 PM
    this means EVERYONE should go with EAD

    Nice. It appears that according to the link below:

    http://immigration-information.com/forums/showpost.php?p=18946&postcount=28

    The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.

    On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.

    Thoughts?



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  • chicago60607
    09-17 11:19 AM
    Members are slowly but steadily getting seated .... my guess is that in about 15 minutes it should start




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  • locomotive36
    01-24 07:15 PM
    Guys,

    How long it takes to get your passport back, stamped with a H4 visa, from the time you attend interview at the Chennai consulate.

    Do they delay even for H4's these days? Want to know the average turn around time to make travel plans.

    Please share your experiences.

    Thanks!



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  • DariusMonsef
    05-31 04:14 AM
    America Loves You.




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  • seahawks
    11-19 04:47 PM
    just found out, mine is pending too.. geez..



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  • sobers
    02-23 10:08 AM
    February 22, 2006
    Right TRACK Act


    KENNEDY PUTS FORTH PLAN TO JUMPSTART AMERICAN COMPETITIVENESS
    Gives Major Address On Turning Era of Globalization into a New Era of Opportunity for America

    Boston, MA�Today, Senator Edward M. Kennedy was at Northeastern University to deliver a major address on his plan to reinvest in America's competitiveness and turn around damaging impact of the global economy. He was joined by President Richard Freeland, business leaders, students and educators to share his ideas of how to this country back on track.

    Kennedy argues that our nation is at a crossroads: we can continue to be buffeted by the harsh winds of the global economy or we can think anew, and guide the currents of globalization with a new progressive vision that strengthens America and equips our citizens to move competitively to the future. He believes that we cannot advance forward by continuing down the same path of the last five years that put special interests over America's interests by cutting back on investments in education, invention, and innovation, as the Administration has done.

    He said, "The 20th century was widely hailed as the American century is up for grabs. No nation is guaranteed a future of lasting prosperity. We have to work for it. We have to sacrifice for it. We must open new doors and new avenues for all Americans to make the most of their God-given talents and rekindle the fires of innovation in society. By doing so, we can turn this era of globalization into a new era of opportunity for America."

    Senator Kennedy proposed a plan to move the country forward and to restore America's advantage in the workforce, education, health care and research and development. As he outlined it he said, "The essence of the American Dream is the ability to provide a better life for yourself and your family. At its very heart are a good job, first-class education, good health care, and a secure retirement. Some say the dream is out of reach in today's global economy. But I'm here today to tell you it doesn't have to be that way. We can revitalize the American Dream. "

    Senator Kennedy's bill, the Right TRACK Act (The Right Time to Reinvest in America's Competitiveness) seeks to:

    1) Create high quality jobs

    2) Educate Americans to fill the jobs of the future

    3) Preserve good jobs in the US

    4) Level the Playing field for US workers and businesses abroad

    5) Help those harmed by globalization, workers and communities

    6) Modernize U.S. Labor and Employment Laws

    For full text,
    http://kennedy.senate.gov/~kennedy/statements/06/02/2006222443.html




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  • laborchic
    12-26 03:06 PM
    Great stuff folks..

    I convinced more people from my office to send a message on change.gov. Even US citizens who respect your work could send a message to the transition team saying that they are for the legal and highly skilled immigrants...

    Getting recommendations from your bosses, managers and co-workers may also be helpful. Its very unusual for the USCIS/Immigration dept people to hear good things about the immigrants from US Citizens.

    These days lots of people are talking about the transition at work and they know about change.gov website. If you know good friends who can write for you then that could be of great help.

    I have a feeling that some good news is coming up in the pipeline. Was reading about Janet Naplolitano and Silos in today's NY times editorial.

    Lets give it a best shot here guys..:)



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  • sanju
    09-24 12:08 AM
    so let me understand it, you are saying that you don't agree with something that's why it has got to be wrong. Its not wrong because it is wrong, but its wrong because you don't support it. Is that right? And because you don't support it, it has got to be unfair and that's why its wrong. Isn't that what you just said?


    I made the post there. Since you are making some funny comments along with clarification, not sure if you are really looking for the information. But here goes

    1) Removal of per-country quota: Claimed to be fair for everyone. Not really. It only helps Indians and Chinese. ROW will see a serious degradation in the time they will get their GCs. I am sure there will be lots of bashing based on this, but the fact of the matter is that such action is not suitable for non I/C applicants.

    2) The Rich guy comment is based on the latest (supposedly supported by the CORE no less) action which is to ask for legislative changes if you have money to throw in to buy a house with 20% down.

    So yes, I do stand by my statement that IV is devolving into less than general purpose immigration group.

    I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota.




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  • anzerraja
    07-19 07:06 PM
    Thanks once again.

    Will do



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  • scorpion00
    08-13 05:56 PM
    What a stupid post.
    Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
    I am sure there are many more like me who were qualified for EB2 but applied in EB3.
    If this is the best you can come up, I really hope that this was your first and last post.




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  • pansworld
    12-13 03:27 PM
    "Recurring Contribution" with no strings attached for non-contributors. :)

    I do not support "Paid membership". I support "Recurring Contribution" Ultimately it is money but at basic definition both concepts are completely different.



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  • desi3933
    01-28 04:50 PM
    [/URL].....
    desi3933,

    Please refer [URL="http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf"]AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.

    Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?

    Here is the pdf link again
    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf

    I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.

    Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.

    Just harping "illegal memo" does not change anything.

    ________________
    Not a legal advice.




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  • funny
    09-17 12:59 PM
    25 min break...:mad: He also mentioned something about "being up against something at 3:00 pm"




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  • husker
    07-19 06:19 PM
    As a couple of members mentioned that the core will not take any money from the funds members contributed, and its is really unfortunate that Aman + all the core team have to spend a lot of money out of their pocket. I am not a CPA but have seen that a lot of NOP do set aside administrative funds. That how the organization would work. The good ones will have only 10% of funds towards administrative cost. The BEST ONE LIKE IV has NONE (No money for administrative cost!!!). I am sure the core will not want to dive into the funds people are giving BUT can members send money seperately to set up an administrative fund.

    I like khodalmd idea, I know not everyone is going to chip in, but if we have atleat 1000 people we can all send $100, so that atleast the core team dont take on the financial burden of the entire community. People sent flowers, a lot of people sent flowers...I am sure atleat 1000 appreciative members can shell out $100 for IV.

    I am game for the $100 suggested by anzerraja (I think)

    -------------------------------------------------------------------
    Contribution: Till now $300 + $50 re-occuring




    desi3933
    01-28 01:52 PM
    [From the pdf file]

    The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
    H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).

    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf

    _________________
    Not a legal advice.




    vbkris77
    03-10 06:21 PM
    CIS awhile back reported that they only have 60K I140 applications pending. So 125K I140 applications can't be pending..
    My understanding is VSC and CSC are working on H1B and NSC and TSC work on I140, I485s.



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