Friday, June 10, 2011

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  • Berkeleybee
    09-01 08:39 PM
    Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.

    It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)

    He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.

    Google the guy, you'll see his rage all over the web.

    These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.

    best,
    Berkeleybee




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  • fcres
    08-13 10:32 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.




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  • knnmbd
    07-14 08:41 AM
    Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.

    With so much of steam building up around the SKIL bill, does the IV core team have any time line on when this will even be debated in the House? Is this on the plate for before or after the November elections?




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  • number30
    04-17 02:20 PM
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot


    If he has canceled the visa that is not over stay. It is illigal stay which quite lesser offence then the over stay. What is your I-94 expiry date? If it is not surpassed yet you are not subjected to any bars.



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  • admin
    04-08 09:22 AM
    I have changed the title of this thread to make it less controversial.




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  • Almond
    07-13 08:51 PM
    I think it will change to green if someone likes you enough to vote for you:)



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  • retropain
    09-01 11:08 AM
    What's particularly interesting is the number of 'scare words' used in this selected testimony on aspects of the CIR bill. Its a lot like Loo Dobbs "War" on the middle class. Its clear CIS, Nusa, FAIR provide the script to him on immigration matters. I knew Loo wasn't that creative in the first place

    =---

    TESTIMONY OF MICHAEL W. CUTLER
    SEPTEMBER 1, 2006
    HOUSE JUDICIARY COMMITTEE

    Chairmen Sensenbrenner and Hostettler, Ranking Members Conyers and Jackson Lee, members of Congress, distinguished members of the panel, ladies and gentlemen. It is a distinct honor and privilege to provide testimony at this hearing because the topic of the hearing is of truly critical significance. We are here to avert what I believe would be a catastrophe for the United States. The United States Senate passed a bill, S. 2611, that would provide incentives for a massive influx of illegal aliens, aided, abetted and induced to violate our nation’s immigration laws at a time that our nation is confronting the continuing threat of terrorism and the increasing involvement of violent gangs, comprised predominantly of deportable aliens, in a wide variety of violent crimes committed against our nation’s citizens. It is of critical importance that this hearing and others like it, illuminate why S. 2611 would expose our nation to unreasonable vulnerabilities especially in the post-9/11 world.

    A nation’s primary responsibility is to provide for the safety and security of its citizens and yet, for reasons I cannot begin to fathom, the members of the Senate who voted for S. 2611 are seemingly oblivious to the lessons that the disastrous amnesty of the Immigration Reform and Control Act of 1986 (IRCA) should have taught us. That piece of legislation lead to the greatest influx of illegal aliens in the history of our nation. Fraud and a lack of integrity of the immigration system not only flooded our nation with illegal aliens who ran our borders, hoping that what had been billed as a “one time” amnesty would be repeated, but it also enabled a number of terrorists and many criminals to enter the United States and then embed themselves in the United States.

    A notable example of such a terrorist can be found in a review of the facts concerning Mahmud Abouhalima, a citizen of Egypt who entered the United States on a tourist visa, overstayed his authorized period of admission and then applied for amnesty under the agricultural worker provisions of IRCA. He succeeded in obtaining resident alien status through this process. During a 5 year period he drove a cab and had his license suspended numerous times for violations of law and ultimately demonstrated his appreciation for our nation’s generosity by participating in the first attack on the World Trade Center in 1993 that left 6 people dead, hundreds of people injured and an estimated one half billion dollars in damage inflicted, on that iconic, ill-fated complex. America had opened its doors to him so that he might participate in the “American Dream.” He turned that dream into our worst nightmare. The other terrorists who attacked our nation on subsequent attacks, including the attacks of September 11, 2001, similarly exploited our generosity, seeing in our nation’s kindness, weakness, gaming the immigration system to enter our country and then, hide in plain sight, among us.

    As I recall, when IRCA was proposed, one of the selling points was that along with amnesty for what was believed to have been a population of some 1.5 million illegal aliens would be a new approach to turn off what has been described as the “magnet” that draws the majority of illegal aliens into the United States in the first place, the prospect of securing employment in the United States. In order to accomplish this important goal, IRCA imposed penalties against those unscrupulous employers who knowingly hired illegal aliens. My former colleagues and I were pleased to see that under the employer sanctions of IRCA, the unscrupulous employers of illegal aliens would be made accountable, or so we thought. We were frustrated that we had seen all too many employers hire illegal aliens and treat them horrendously They paid them sub-standard wages and created unsafe, indeed hazardous working conditions for the illegal aliens they hired, knowing full well that these aliens would not complain because they feared being reported to the INS. Meanwhile the employer would not face any penalty for his outrageous conduct. Finally, it seemed that the employer sanctions provisions of IRCA would discourage employers from hiring illegal aliens and would also make it less likely they would treat their employees as miserably as some of these employers did.

    Of course, we now know that the relative handful of special agents who were assigned to conduct investigations of employers who hired illegal aliens made it unlikely that employers would face a significant risk of being caught violating these laws and that they would face an even smaller chance of being seriously fined. Furthermore, the way that the amnesty provisions of the law were enacted simply created a cottage industry of fraud document vendors who provided illegal aliens with counterfeit or altered identity documents and supporting documents to enable the illegal alien population to circumvent the immigration laws. Ultimately approximately 3.5 million illegal aliens emerged from the infamous shadows to participate in the amnesty program of 1986. I have never seen an explanation for the reason that more than twice as many aliens took advantage of the 1986 amnesty than was initially believed would but I believe that two factors came into play. It may well be that the number of illegal aliens in the country was underestimated. I also believe, however, that a large number of illegal aliens were able to gain entry into the United States long after the cutoff point and succeeded in making false claims that they had been present in the country for the requisite period of time.

    To put this in perspective, I have read various estimates about the number of illegal aliens who are currently present in the United States. These estimates range from a low of 12 million to a high of 20 million. If, for argument sake, we figure on a number of 15 million illegal aliens, or ten times the number that had been estimated prior to the amnesty of 1986, and if the same sort of under counting occurs and if a comparable percentage of aliens succeed in racing into the United States and making a false claims that they had been here for the necessary period of time to be eligible to participate in the amnesty program that the Reid-Kennedy provisions would reward illegal aliens with, then we might expect some 35 million illegal aliens will ultimately participate in this insane program. Once they become citizens they would then be eligible to file applications to bring their family members to the United States, flooding our nation with tens of millions of additional new lawful immigrations while our nation’s porous borders, visa waiver program and extreme lack of resources to enforce the immigration laws from within the interior of the United States would allow many millions of illegal aliens to continue to enter the United States in violation of law.

    The utterly inept and incompetent USCIS, which is now unable to carry out it’s most basic missions with even a modicum of integrity would undoubtedly disintegrate. The system would simply implode, crushed by the burden of its vicious cycle of attempting to deal with an ever increasing spiral of rampant fraud thereby encouraging still more fraudulent applications to be filed. Terrorists would not find gaming this system the least bit challenging and our government will have become their unwitting ally, providing them with official identity documents in false names and then, ultimately, providing them with the keys to the kingdom by conferring resident aliens status and then, United States citizenship upon those who would destroy our nation and slaughter our citizens.
    I hope that this doomsday scenario will not be permitted to play out.

    Insanity has been described as doing the same things the same way and expecting a different result. Where our nation’s security is concerned it would be indeed, insane to ignore the lessons of IRCA.

    When I was a boy my dad used to tell me that there were no mistakes in life, only lessons, provided we learn from what goes wrong and make the appropriate changes in the way we do things. However, to repeat the same mistakes was to him and to me, simply unforgivable.

    Chairmen Sensenbrenner and Hostettler, I commend your leadership in calling this hearing to make certain that these concerns are made public and are taken into account, especially as we approach the anniversary of the fifth anniversary of the attacks of September 11 and our nation continues to grapple with the immigration crisis.

    America is at historic crossroads at this moment in time. Courageous decisions need to be made by our nation’s leaders. If our nation fails to select the proper path, there will be no going back. If our nation decides to provide amnesty to millions of undocumented and illegal aliens, I fear that our national security will suffer irreparable harm as we aid and abet alien terrorists who seek to enter our country and embed themselves within it in preparation for the deadly attacks they would carry out. The priority must be clear, national security must be given the highest consideration and priority where the security of our nation’s borders and the integrity of the immigration system are concerned.




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  • ItIsNotFunny
    06-11 12:45 PM
    You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???

    It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.


    Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.

    I appreciate Pappu's maturity to tackle the issue and his explanation.



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  • pd_recapturing
    08-22 04:13 PM
    "Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).

    Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit
    Why do u need them for gc ? Your 485 is already pending.




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  • samsu
    03-22 08:31 AM
    Hi,

    My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

    My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
    Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

    I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

    Also, my old employer will most likely not revoke 140.

    Thanks,
    Sam



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  • ksircar
    10-13 11:20 AM
    :confused:

    Dear gurus,

    I have one fundamental question.
    why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
    This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
    I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????

    Sincerely...

    There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.




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  • jambapamba
    07-20 07:53 AM
    If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.


    What is wrong with taking Hope credits ??



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  • madras1
    01-27 12:38 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    Did you know your tri-valley university Ph.d does not count?




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  • jonty_11
    01-15 04:32 PM
    Canada Consulate Buffalo Letter states "please take test withing 120 days of this letter" Does that mean I have to only take the test withing 120 days OR
    take test, get results, mail them the results within 120 days...

    I think its the latter....but what if ELS test center delays results...?
    I think local ELS center is closed today due to MLK holiday...will call tomorow and see if then conduct this test ..



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  • akkakarla
    08-05 06:04 PM
    Step 1: You will be called for interview by random picking of applications,if the person is arrested and answered yes to if you ever got arrested(95% of the cases will be interviewed,if the people gets suspicision about the applicant and/or sponsoring company.

    Step 2: The applicant will be notified about transfer of I485 petition to the local office in email. This stops all LUD's on the case and they pretty much dependent on the local office communication and no updates on their case online.

    Step 3: The Local offices will schedule the interview based on the workload and the processing timelines.They will not stop interviewing because of the retrogression.

    Step 4: They send out the interview letters either to attorney and/or applicant 2-3 weeks ahead and they specifically mention in block letters the documents they are looking for in addition the original documentation submitted.

    Step 5: Attend the interview and make sure to take all the necessary documents listed below:

    1 The AOS interview notice letters
    2 Passport, I-94s
    3 EADs (latest and expired)
    4 The fingerprint interview notice letters
    5 Letter from old-employer-name
    6 new-employer-name Employee varification letter
    7 new-employer-name pay-stubs for current and past year
    8 new-employer-name Consultant varification letter
    9 Marriage Certificate
    10 Birth Certificates
    11 Couple of Marriage Photographs
    12 Degree certificates/transcripts
    13 The receipts of last fingerprint
    14 Copy of I-485 transfer notice to local office (least Important)
    15 Copy of I-485 receipt notice
    16 Copy of documents when we applied for I-485 ( if available)
    17 Copy of Letter from old-employer-name to INS written on 2/12/2002 with I-485 app.
    18 Copy of I-140 approval notice ( if available)
    19 Copy of Labor Approval ( if available)
    20 W2 and Tax Returns
    21 Employee/W2 wages List
    22 Latest bank statements and utility bills

    To the best of my knowledge these are the documents I may miss one or two.

    Step 6: Once the interview is completed and the officer is satisfied with the documents and answers he will take the passports and check for the visa number to the A#. If he feels some discrepancy they will say that they will send the decision in mail which means we need to embrace for anything.

    Step 7: If the visa number is issued from DOS he will then stamp the passport with I551 stamping and the card will be sent in week or two. If the decision is being sent in mail it generally(30%-70% of the times is rejection or asking for additional proof).

    PS: It is not adviseable to reschedule the interview date. Once the date is reschedule one has to be prepared for long periods of time.It is good to get it done and get the moneky of our backs.

    If you really need to reschedule the interview that is already scheduled one MUST MAKE SURE that the USCIS Local Offices are updated and get a written confirmation if possible otherwise the case will be considered abandoned.




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  • radhagd
    03-26 11:18 AM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.

    You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140



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  • sledge_hammer
    05-15 07:12 AM
    ^^^^




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  • milind70
    02-18 12:16 PM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.

    I am pretty sure the medical exam expenses do qualify for tax deductible.
    As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses




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  • bkshres
    01-22 12:50 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK




    mk58581
    06-07 12:13 AM
    Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm

    But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...



    Thanks a lot again i will contact DOL @ the earliest




    pappu
    02-18 01:06 AM
    Hello Varsha and NJ chapter members,

    Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.

    The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-

    (1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.

    (2.) The victims of the retrogression come from various parts of the world.
    The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.

    The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.

    Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.


    Regards,
    Pappu on behalf of IV team



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