Senin, 27 Juni 2011

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  • raju123
    07-06 02:49 PM
    This is the great break through so far as long as media attention is concern. NBC nightly news is very popular news. I always watch NBC news.

    Thanks to Dr. Murtaza Bahrainwala.





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  • bluekayal
    02-04 10:24 PM
    Good idea. Most of the Bay Area folks are in South Bay and I am sure would find it pretty easy to get to ICC.


    Bluekayal


    All,

    I'm posting this here since the old volunteer forums are no longer available. Where all have you posted flyers, info in CA?

    For those in the Bay Area: Have you contacted the new Indian Community Center in http://indiacc.org/Default.aspx (they have locations in Milpitas and Sunnyvale)? I don't live in the South Bay, but it seems like this is a pretty active space. Wonder if they would let us give a talk, and/or post flyers etc. If no one has been in touch with them, I could try.

    Thanks,
    Berkeleybee





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  • ChalapathiChitturi
    10-15 03:08 AM
    I filed my I-485 (Nov 2004 EB3), but my old labor ( EB3 Mar 2003) got cleared. I am going to apply another labor in EB2 and move this EB3 priority date to that EB2, that way my case will be current.

    Not very much sure about its possibility, any suggestions.

    But coming back to the point, you are in a better boat by not filing, you can atleasr make it as EB2 and get the Green card Faster.





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  • EkAurAaya
    06-19 06:13 PM
    I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.

    Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!

    Sucker will rot in hell for sure!



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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?





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  • raysaikat
    01-06 12:42 AM
    reminds me of a popular hindi maxim:
    "Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

    loosely translated in english it means

    Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

    (thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)

    He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p



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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.





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  • ndny
    07-25 02:32 PM
    go to top ..please



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  • nixstor
    07-06 07:10 PM
    please, go to http://www.wandtv.com/

    Is it the synopsis or the total video?





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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.



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  • greensignal
    11-09 12:30 PM
    Still waiting for FP and no SR is filed





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  • gc_check
    11-03 08:53 AM
    Possibility of CIR happening diminishes each day passing by and as always every one acknowledge Immigration Reform as an important issue, but the reality, it is not as important as the other issues, economy, jobs, housing crisis, etc .

    Only window the Democrats have to do something about CIR is in the lame duck session, but it is easy said than done and could cause a deep divide among the parties that already have a bitter relation. If not in lame-duck session, then nothing untill after 2012 election.. that pushes to 2013.

    One of the promise Obama ran the first presidential election on was CIR and if none is done on that, he probably should write off the Latino votes, without which he cannot win again. Also getting a CIR through the Republican controlled house, that the Senate also agrees on -- don't think it will happen and well.. Also time now is to plan on re-election strategy for 2012 election for Obama and team.

    Only slim chance is before this congress term ends and not sure, if they can get something through. There is a very slim chance it might occur.. but again Media and special interest groups could blow it up too...

    Will have to see how it goes.. or if the blame game / finger pointing keeps continuing...



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  • walking_dude
    10-11 04:51 PM
    I don't know why some people have issues with everything?!

    If all those demands, that you blame, are passed - PD will move by at least a couple of years. Many, if not all, will be able to apply and get GCs faster too (as GCs are given by PD). That will definitely help the oldtimers.

    I support your cause. It should be possible to apply 485 even if dates are not current. However, it's never achieved by creating acrimony in the EB Immigrant community - H1 vs EAD, H1 vs F1, Oldtimer vs NewComer etc.


    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.





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  • nozerd
    01-05 02:07 PM
    So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?



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  • sreeni.k
    11-03 02:49 PM
    Its christmas time in vacation.. they want less work not more- my guess is it will be set back by couple of years- ..May be they think other way around; Christmas gift - move it forward by couple of years. :mad:





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  • red200
    10-26 09:56 PM
    NRK,

    Did you get any high level traffic citations any time ?
    Mostly they dont matter unless its high level

    If I-140 is revoked , i believe the message should be some thing different

    thanks



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  • mugwump
    01-04 11:25 AM
    Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.

    Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE

    But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa





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  • drona
    08-27 07:04 PM
    To IV members who are within driving distance of DC and are not committing to attending the rally, please have a look at this poll and see that there are people flying thousands of miles to attend this rally all the way west from California.

    Please take a day off and attend the DC rally. There are many major world issues and US issues at the forefront of discussions in Washington. We have one tiny slot to make our voices heard. This is our chance. If you are taking one day off, it is only one day. Work extra hours on the other four working days in the week. Act now, take this one important day off and join the rally in DC.

    Join us on September 18th in Washington DC.

    CA Members voting NO in this Poll, we are going to CALL, EMAIL, PM you to change your mind.

    CA Members voting YES, you are all superstars! Please remember to edit your profiles and select "YES" - I am attending the DC Rally. This will enable you to receive the latest updates on the rally from IV Core.





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  • Hydro
    03-10 11:59 PM
    Helo Im messaging from India,

    I found this site useful so I joined in here, but since they did not have India in the listing I added Calfornia. I have a F2B immigration visa pending filed by my parents in the US. I had interview in Chennai, India on Sep 2007. I fell short of some docs and submitted those on 28 Dec 2007 and was given 221g and told my case will be held up due to administrative processing.

    I wanted to know if this new name check ruling helps me in any way. Also how long more should I expect to wait for the visa.

    Thanx

    Hydro





    mannubhai
    06-16 10:45 PM
    This is a really good initiative. I appreciate the IV core for taking this up. I have read enough stories from people on Murthy forums. I will ask people on those forums to post their stories first hand on IV forums.





    shamu
    01-11 09:51 PM
    1) Try state group insurance
    Texas and for that matter every state has a group insurance coverage for folks
    who donot get coverage from any other insurance provider.

    This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.

    Check the state insurance board website.

    2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.

    3) Ask yours employer's insurance agent, group insurances gurantee insurance.

    Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.

    donot worry.

    Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.

    I will try to explore your option tomorrow.

    Thank you very much.

    I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.

    Life cannot stop for these small problems.

    Life has to go on and on..

    Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.

    I wish good luck to one and all.

    Thank you very much!



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