masouds
02-16 10:16 PM
If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."
I hate to break my own promise to shut up on this, and I hate to be your history teacher: African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
When european immigrants walked into this continent and started hacking natives, they had firearm, they had the aggression and they had the numbers on their side. Which one of these do you (or we) have?
Let's stop debating this, since this issue isn't going to be resolved here; You either get the next president/congress to abolish this part of immigration law, or ask the courts to force the government to do what you like.
I hate to break my own promise to shut up on this, and I hate to be your history teacher: African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
When european immigrants walked into this continent and started hacking natives, they had firearm, they had the aggression and they had the numbers on their side. Which one of these do you (or we) have?
Let's stop debating this, since this issue isn't going to be resolved here; You either get the next president/congress to abolish this part of immigration law, or ask the courts to force the government to do what you like.
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pappu
02-18 01:14 AM
Thanks for the conf call.
http://immigrationvoice.org/forum/showpost.php?p=49150&postcount=6
http://immigrationvoice.org/forum/showpost.php?p=49150&postcount=6
kk_kk
06-10 04:53 PM
Sent
2011 Hippie Boho!
justAnotherFile
07-24 05:57 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
more...
sweet23guyin
10-16 10:49 AM
||
rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
more...
abd
09-14 03:02 PM
Here is detail. i changed job based on AC21 portability. Did not file papers.
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.
A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.
Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.
Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
The application for adjustment has been pending for more thna 180 days and
the new permanent position is in same or similar occupational classification as original employment.
If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.
:) Working with attorneys to get the papers ready....
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mbawa2574
02-15 04:59 PM
Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.
US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:
US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:
more...
kaisersose
07-24 02:05 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
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dealsnet
05-27 08:18 PM
These from CBP website:
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
If the individual being searched has undergone the total transformation, the current gender of that person will dictate whether or not a male or female U.S. Customs and Border Protection officer performs the search.
If the individual is a natural male becoming a female and has breasts, but still retains male genitalia, a female officer will complete an above the waist search and a male officer will complete a below the waist search.
If the individual is a natural female becoming a male, and still retains female genitalia, a female officer will perform the search.
more...
quizzer
04-08 04:19 PM
I look at this bill in a different perspective:
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
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reddog
06-30 09:15 PM
Never ever throw negative vibes, the universe is listening.
We will be able to file our Apps. Believe it.... just believe.
We will be able to file our Apps. Believe it.... just believe.
more...
house Nicole Richie has officially
anilsal
12-11 03:06 PM
First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.
Until then, there is no point in having any discussion on this.
Until then, there is no point in having any discussion on this.
tattoo Nicole Richie with Tobey
ivgclive
09-09 01:39 PM
Number of VISA numbers are same for EB2 I and EB3 I or not???
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
Numbers are NOT same for EB2 and EB3.
EB2 gets double or even more from the "unused" from EB1, which a LOT.
So it moves fast.
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
Numbers are NOT same for EB2 and EB3.
EB2 gets double or even more from the "unused" from EB1, which a LOT.
So it moves fast.
more...
pictures Boho chic.
vin
06-12 03:35 PM
"why should anyone now listen to Bush,"
Both the democrats and GOP is divided on the Iraq war issue, but this is a bipartisan bill and only some of the Republican senators are opposing the bill. 80-90% of the democrat senators are OK with the bill. Once Bush is able to convince and get the 15 votes he needs, which he most probably will, the bill is most likely to go through.
http://www.latimes.com/news/nationwo...adlines-nation
Saying that 80% of Democrats support the bill and 86% of Republicans oppose it, Reid said he had no intention of taking up the bill until the GOP leadership has "25 votes or so" for the legislation. "I'm not dancing that tune again," he said.
Both the democrats and GOP is divided on the Iraq war issue, but this is a bipartisan bill and only some of the Republican senators are opposing the bill. 80-90% of the democrat senators are OK with the bill. Once Bush is able to convince and get the 15 votes he needs, which he most probably will, the bill is most likely to go through.
http://www.latimes.com/news/nationwo...adlines-nation
Saying that 80% of Democrats support the bill and 86% of Republicans oppose it, Reid said he had no intention of taking up the bill until the GOP leadership has "25 votes or so" for the legislation. "I'm not dancing that tune again," he said.
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amitjoey
11-07 05:18 PM
bump
more...
makeup She does oho chic better than
srmeka
07-12 09:04 PM
Yup in the same boat :D, hopefully we will cross the gate this time
I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.
I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.
girlfriend I love the Boho-Chic look.
sanjeev_2004
06-30 09:52 PM
What exactly are you trying to say?
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.
Have Fun.
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.
Have Fun.
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delax
03-16 03:04 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?
Thats because many people like me took nearly 3 years to clear their labor certification - so despite EB2 being current there were'nt many EB2 485s filed in 2004-2006 by people whose PDs were in the 2003-2004 time frame. My PD is July 2004 but my labor cleared only in Feb 2007 - thanks or no thanks to Philly BEC. Honestly I have nearly abandoned this whole desire for GC - I dont think GC is a need anymore, its only a desire - not trying to be philosphical but living my life without having to worry about some bureaucratic process over which I have no control.
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?
Thats because many people like me took nearly 3 years to clear their labor certification - so despite EB2 being current there were'nt many EB2 485s filed in 2004-2006 by people whose PDs were in the 2003-2004 time frame. My PD is July 2004 but my labor cleared only in Feb 2007 - thanks or no thanks to Philly BEC. Honestly I have nearly abandoned this whole desire for GC - I dont think GC is a need anymore, its only a desire - not trying to be philosphical but living my life without having to worry about some bureaucratic process over which I have no control.
hsm2007
09-23 02:18 PM
Hi abd,
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.
Thanks.
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
god_bless_you
12-13 07:40 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?
can we start mass web faxing USCIS for rule change?
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