Monday, September 26, 2011

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mallickarjunreddy
05-18 06:34 PM
3 deportations at POE (EWR) till date this yr .
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky

P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent

thanks





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10-15 06:30 PM
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Rules and Regulations]
[Page 51236-51237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc09-4]
---------------------------------------

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 6779]

Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

AGENCY: State Department.

ACTION: Final rule.

---------------------------------------

SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

DATES: This rule is effective October 6, 2009.

FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

Regulatory Findings

Administrative Procedure Act

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business

Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

The Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

The Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

Executive Order 12866

The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

Executive Order 12988: Civil Justice Reform

The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

Paperwork Reduction Act

This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

[[Page 51237]]

List of Subjects in 22 CFR Part 41

Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

PART 41--[AMENDED]

1. The authority citation for part 41 continues to read as follows:

Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

2. Revise Sec. 41.58 to read as follows:

Sec. 41.58 Aliens in religious occupations.

(a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

(1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

(2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

(3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

(b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

(c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

(d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

Dated: September 24, 2009.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
BILLING CODE 4710-06-P



More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)





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Krilnon
07-26 10:39 PM
Have you printed out the name of the file that was selected to make sure that that part is working? It seems like you've only done a minimal amount of debugging to determine the nature of the problem, so I would recommend starting with that.





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saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..



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easygoer
05-14 02:32 PM
Shujaat,

Your lawyer is right. You need one single degree evaluation that match your labor requirements for education. Experience not included for education requirements.





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finimits
05-03 01:01 PM
Saji007,
Thanks very much for your responses, it's been very helpful.



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jonty_11
08-10 12:12 PM
concentrate on IV Rally instead....guys..
Who has gained any solace from Calling USCIS....
the tier 1 2, or 3 or Tier N at USCIS know nothing......
All we know ...there is bound to be delays...ther e will always be a few lucky ones getting receipts and stuff in a months time....but most of us like the GC process itself will be backlogged again....for receipts now....

I suggest we make IV our horse and ride it to end the problem at its source rather than calling USCIS and hoping for an Update from themmmm

They would already be pissed at us due to VB July restoration...
So attack the problem at the source.





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s_r_e_e
08-13 06:20 PM
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

3) Show the clear evidence that you have performed a leading and critical role in your organization.

4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.


DOL guys seem to know what they are doing.



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idreamofgc
06-02 09:18 PM
there is no 10,000 source but i heard people say that..
are you also their client..are you audited..my audit is on business
necessity and recruitment..

does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake

My application has been in audit since July 2007.


I doubt they will audit 10,000 cases (as such they don't enough have resources to work on). If they do, then its a massive F** up on part of Frago-moron.





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validIV
03-09 06:27 PM
Real estate investment right now is very good. Buy some foreclosures cheap (under 50k) then rent. Use the equity to buy more houses. Daisy chain rinse and repeat. Within a year especially with this economy you will be living the American Dream.



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sukhyani
12-20 01:00 PM
Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.

Wonder what is the Governor's stance on legal immigration?

Do you know if he has a website? We can look for his position on different issues on his website too.





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gc_check
07-19 10:17 AM
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse

I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.

Thank you,

You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.



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Lisap
08-03 12:27 PM
What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?





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Appu
08-19 08:34 PM
You are eligible to work as soon as you receive the receipt notice. So I don't see a big gap.

Which service center is this?



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waitingnwaiting
05-09 09:30 AM
I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

Synopsis

After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.

Prologue

During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

Life after denials

I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

IV’s Advocacy Days in D.C.

I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

Final Request to Readers:

As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.

Do you get confirmation of G28?





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mzafar125
08-16 05:09 PM
My wife has a ITN number. Can she use the ITN number to start work and then cut over to the SSN once she gets it. I have heard it may take up to a month to get this processed.



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damit
04-07 10:02 AM
Hi all,

One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

Please let me know, if any of you agree with him.





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Berkeleybee
05-30 02:31 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.

That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?

Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.

It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.

Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.

If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions on AC-21 portability, these will save so many lives from being trapped.

These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.

Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.

Asian,

Not sure what you are getting at here.

The managers amendment of S. 2611 does have the provision of filing I-485 even when visa numbers are not available. This provision exists precisely because IV asked for it.
Read the post on http://immigrationvoice.org/forum/showpost.php?p=15093&postcount=2

Berkeleybee





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kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.

Can I work directly on my H1B petition with out stamping visa?

Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?


It depends on the type of H-1 approval you have.

1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.

2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.





needhelp!
10-25 11:23 AM
If you live in DFW, you are wanted at the IV booth!





s416504
12-09 01:46 PM
EB?/ALL/China/India/MEXICO/PHILIPPINES
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05



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