Rabu, 22 Juni 2011

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  • sukhwinderd
    03-07 09:04 AM
    i need to accomodate people coming from NJ, CA, FL.
    if anyone wants to offer place at their home please let me know.





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  • rajuram
    01-28 12:19 PM
    thanks for your reply and clarifications. what you say is correct. I would like to request that if there are regular "positive" posts by the core group in public forums, then it will go a long way in keeping our community motivated.

    i hear a lot of complaints from you and i do understand your frustration.
    i also seem to realize that you want a lot and are holding on to anything you might give in return.
    work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
    i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
    we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
    if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
    so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
    enough said and thanks for reading.





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  • ujjvalkoul
    03-07 03:24 PM
    at the time when the PD becomes current....and u have used AC21 and now work for new employer. how would the USCIS know. Only way for them to know if to ask for a Employment letter(w/Job Duties, salary etc) and if they notice its not the sponsoring empoyer, they will look at it more closely....By the time all this happens you could be into the next month when you PD could have retrogressed back to 1900 again.....so as I see it....unless USCIS approved GC first thing w/o asking for additional info...is the best case scenario....





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  • rajuram
    11-10 10:34 PM
    We have no more excuses now.

    1. Elections are over. So all arguments like "wait till the elections are over" do not apply.

    2. We have a pro immigration president now.

    3. Democrats are incharge of the house and the senate.

    This is a good time to act. What is IV waiting for...

    Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)



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  • CSPAvictim
    07-09 07:17 PM
    I'm not sure I totally understand what you said, but
    a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
    b. However, June falls in the third quarter for which the limitation DOES apply.
    c.
    text in bold has a GREY area....'plus remaining balance from previous months.'

    They can always say the additional approvals were left over from previous months...

    Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.

    It'll be interesting to see how USCIS explains itself in court.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.





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  • sri1234
    05-27 11:44 AM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?

    I think American Citizens Drivers Licence do not have "Status Check" date where as Non-Immigrants have it.



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  • vdlrao
    07-14 12:45 PM
    Please find out the visa numbers allotment for EB1, EB2 and EB3 till now. Till now there is about 100k visa numbers allotment for EB3 every year due to the vertical fallout. From now on there would be around 100K allotment in EB2 due to the change to Horizontal Fall out of visa numbers. Out of these 100k EB2 visa numbers, India will get greatest share of around 50k + visas. Please see the below.


    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162

    Third: Skilled workers 34,282 --27,920--49,589--85,847-- 88,002-- 46,415-- 85,969-- 129,070--89,922-- 85,030

    Fourth: Special immigrants 6,570-- 5,072-- 9,014-- 8,442-- 7,186-- 5,389-- 5,407-- 10,133-- 9,539-- 5,481

    Fifth: (investors) 824-- 285-- 218-- 191-- 142-- 64-- 129-- 346-- 749-- 806

    See the link below for reference:

    http://www.dhs.gov/xlibrary/assets/s...7/table06d.xls





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  • ImmiLosers
    11-22 12:26 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • webr
    09-01 12:24 AM
    I am doing my online MBA right now , if you need more info Private message me.



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  • logiclife
    12-20 07:14 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.

    Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.

    Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.

    If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.





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  • eastindia
    08-03 10:07 AM
    Yea sure, I'd like to see all the high skilled kings that have been made by companies.
    It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
    At the end of the day, you are just another desk jockey.

    If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?



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  • coolmanasip
    03-07 09:41 AM
    see the responses......

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    ---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    -------->>does not matter either ways for AC21.....H1 transfer or EAD....

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    ----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21

    Thank for all the advise.

    ---------------------------------
    Contributed $100.





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  • mirage
    02-06 09:52 AM
    I have a conference call set up for Sunday evening, for those who may be interested in putting some efforts, but are still not convinced enough, can join the conference, hear what I have to say, than you can decide if you want to go ahead or not...
    PM me for conference details...



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  • ramus
    07-02 07:44 PM
    Thank you.. Please ask others to contribute.



    I put in $100 today to fight for our cause





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  • chicago60607
    09-10 05:36 PM
    Hey Yall,

    I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".

    So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.



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  • WillIBLucky
    06-22 08:36 PM
    Its against law to take color copies of ID, passport, DOB etc in Michigan. So you should not take color copies as it would mean you are breaking a federal law.

    b/w copies are more than enough for ID and passport. But, the ID should be enlarged in b/w.





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  • imneedy
    05-06 03:04 PM
    They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)





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  • invincibleasian
    01-31 06:17 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.
    H4 is the best option. F1to h1 is a pain!





    .soulty
    02-16 07:16 AM
    this is why you shouldnt post images before the due time, people dont give up, its an all level 3d battle, dosent matter how good or bad your skills are, this is so you can develop your skills, i m sure thirdworldman wasnt good straight off the bat, he had to start somewhere too and now his skills are pretty good but im sure he could even tell you when he started people wiped the floor with him, his image is great but its not impossible, the texturing and lighting is what sets it off the rest is some simple modelled geometry.

    everyone keep at it, and find a angle to your image which will make yours original.
    :thumb:





    hpandey
    06-10 12:58 PM
    @hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.

    I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.

    Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.

    If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .



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