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Monday, June 20, 2011

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  • yabayaba
    06-11 10:41 AM
    Done





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  • ashwin_27
    02-07 06:09 PM
    I will be traveling from the west coast and am trying to find other South Cal folks who are travelling to the event. Maybe we can coordinate travel, if possible.
    Also, would appreciate any car pooling options when in DC/VA.





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  • av2004
    06-10 04:09 PM
    Sent e-mail to my senators..





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  • CADude
    11-20 11:51 PM
    Good though...

    Guys.

    Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...

    IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.

    If things work out - great! If they don't, it's disappointing but not the end of the world.

    People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...

    Let's not make this a platform for venting out our frustrations.



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  • HV000
    02-14 12:51 PM
    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.


    Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?





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  • lazycis
    12-21 10:03 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.

    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

    http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf



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  • willgetgc2005
    03-20 07:26 PM
    We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.


    Admin,

    Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.

    Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
    in 2007, you get in line ahead of candidates whose PD becomes current in 2007.

    So in effect all of us loose.





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  • whitecollarslave
    01-18 08:06 PM
    By law, you are not suppose to make copies of an official US document.

    Where did you get this information from?



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  • ufo2002
    01-17 02:09 PM
    waitingGC, Well said. Your assessment about this group of people may be correct. These are mostly apathy-stricken people with indifferent attitudes towards the events and surroundings around them. No change can be made with such an attitude. If it were for such lazy people, no revolution/change could have been organized and this world would still be be under imperialistic forces. Sloth is the biggest sin and an example to sloth is well demonstrated by the behavior of these people who refuse to participate.

    Equating revolution against an imperialist / occupying forces with this cause for a green card is hardly comparable. If my country was invaded, I will definitely do everything I can to resist and fight. Do people spill blood and die for a GC here? Do you know what a GC is? It is essentially a piece of paper that says you have permission to live, work, re-enter the country freely (just one step short of voting rights).

    Sloth is one of the 7 sins, and so is Vanity. I admire and respect people who are contributing to the IV cause, but you don't have to beat down on people who don't contribute. We all have our reasons for doing things our own way. Respect that, and people respect you.





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  • like_watching_paint_dry
    05-27 05:22 PM
    I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.



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  • anurakt
    01-16 07:11 AM
    Ok . I too signed up for $100 monthly

    20$ : 200 to go.
    50$ : 100 to go
    100$ : 18 to go.

    let's keep the count going forward.





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  • bondgoli007
    02-15 07:55 PM
    wow!!! Among the most divisive debate if ever I have seen one on IV.

    Without offering my opinion on the topic at hand (divide and rule), I think "some" (not all or even most) of the members posting need to take a step back and see how hurtful their posts on this topic are getting to be. Some posts seem to have subtle racial bias and the ones in response seem to read too much into them too.

    Guys, try not to post reactive or even respond to posts that are purely personal. I for one feel that this thread really doesn't do anyone any good and though Canuck's reason might have been more noble, it clearly is inducing normally clear headed individuals to get angry :-)


    We all agree in general that EB process is a mess and working together we are trying to fix it. Certainly each of us have our preference in 'how' it should be fixed. However the IV core has goals based on broadly accepted potential fixes...lets support those and keep the infighting to a minimum...

    GO IV



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  • abd
    09-20 12:39 PM
    Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.

    Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.





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  • HV000
    03-18 09:54 PM
    Common Guys. Let's focus on the topic of this thread...



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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.





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  • LostInGCProcess
    09-05 04:10 PM
    most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?

    What are the steps to be followed and things to watch out for in selecting a desi consultant?

    My humble opinion: The best suggestion you could get it from your own trusted friends.

    Thanks.



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  • insbaby
    07-18 05:02 AM
    USCIS did not say that they will return the application and they should be refilled.

    With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

    Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

    It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

    My lawer says:
    Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.





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  • Asian
    11-21 10:46 AM
    I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.

    My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?

    Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.

    Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.





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  • tinamatthew
    07-24 01:52 PM
    should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? TINA WROTE: For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter? abhijitp WROTE: I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)
    pls find above the answers.

    USCIS has released a press release July 23, 2007. Check QUESTION 13

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





    sameer2730
    03-12 11:22 AM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.

    Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
    "Sir it is judicious not to give unsolicited advices. You should spare yourself the embarrassment of its exact value to your listeners!"





    mrane1
    03-15 06:30 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!



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