Thursday, June 16, 2011

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  • Jimi_Hendrix
    08-01 04:02 PM
    I have worked as a newspaper editor. I have very decent writing and editing skills. If you need help let me know.




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  • indio0617
    03-09 10:39 AM
    Sure...




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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.




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  • santb1975
    05-24 10:30 PM
    We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.


    Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.

    We are just drifting my friend..no direction..no hope....



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  • eers
    07-20 02:21 PM
    You are forgetting spouses , EB-1 and in some cases 18+ years children.
    Also quota in 2001, 2002 and 2003 was 195K and not 65 K

    not every h1 guy can or will apply for GC. For example many of this big indian IT companies, with lot of H1s in hand, either dont apply GC for employees or they have very strict policies so that most dont qualify.

    I know for sure , coz i am a victims of such situation :)




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  • gc_dedo
    08-11 06:06 PM
    The reason CIS isnt processing EB3 for last 3 months is because the dates are U and since they have lot of pressure not to waste visa numbers they have put all resources into EB2.
    I have seen EB2 cases filed in May-08 been approved.
    But i know this is unfair for EB3 people like us waiting for over a yr.



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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,




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  • santb1975
    05-28 07:04 PM
    That is Awesome



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  • JunRN
    10-03 11:50 PM
    Yes, I am from Philippines.

    Just read Matthew OH's website confirming with a ? the 800,000 figure. If the 800,000 figure is true, then be prepared to renew our EAD more than 2 twice.

    I still have reservations until official figure from USCIS comes out.




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  • svr_76
    09-14 06:20 PM
    GCTest..you are right. I am with you.

    Rather I would like to add more items to what u have listed-
    1. Its wrong for EB2 filers to find/marry a us citizen. That will be unethical of them to do as they will be jumping lines. Because u would be unable to do if u would have married non-citizen..so based on GCTest's logic please dont marry us citizen or if u have marriued continue to only use you EB2 application for processing :-)

    2. Also people who are now planning of using EB5 (assuming u have now saved/gather enough money). So EB2, EB3 or other people u have been saving money and are now thinking of risking ur money/career/life on EB5 filing..please dont do that...because that will be unethical.....u r doing it bcos u now have money. Per GCTest's logic u did not having money u filed ur EB2 or EB3 application so if u have money now...dont try to use it.

    GCTest...can u think of other conditions ...do post them.

    Oh yes corollary to #1. Also bachelors in EB2/EB3 category make sure u dont fall inlove and plan to marry any girl/boy from the countries which are current. Help GCTest's cause.

    :-)



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  • rajeev_74
    04-25 05:41 PM
    Go back and look at the forum postings. There are much more amenable and practical suggestions made. This PD thing doesn't pass the basic test: was there a precedence or prior history, can it be done and does it lessen the time for one to apply for I-485 and GC. Does it reduce backlog?

    PD as the date of < insert whatever> doesn't pass this basic test.
    I guess we can move on then...Thanks




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  • gc_chahiye
    12-26 06:10 PM
    Filed AP on Aug 13th, havent got it yet.

    filed on 13th AUg. Receipt has notice-date of sept-end. Online status says 'pending'...



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  • yabadaba
    08-10 01:09 PM
    anyone living in lincoln can go to the service center and ask R williams where our apps arE??
    this post was a just a joke in case someone actually thinks of doing it.




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  • mjadala
    07-15 06:35 PM
    7YFTT-TQ791

    $:) 10 from me



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  • arnab221
    07-28 01:30 PM
    Folks ,

    Any approvals for the month of June ? Is there any hope for June filers ? There seems to lot of approvals since last 2 weeks folks . Can IV core provide some direction and guidance to the people stuck at Atlanta service center ?




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  • digital2k
    05-03 07:58 PM
    This is The call
    Don't miss the chance

    IV and We suceeded in July, 2 Year EAD and many more ...

    Pls pick up the phone and do your bit

    IV is YOU and is Your Best Friend

    As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.

    Call your Legislators:

    Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the �Advocacy Day(s)� in Washington, DC and �Meet the lawmaker� drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.

    Don�t miss this opportunity:

    This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.

    When:
    This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.

    Who:

    This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.

    This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.


    TIER I: LIST OF KEY SENATORS FOR CIR

    Senator Scott Brown (R-Massachusetts)
    (202) 224-4543 begin_of_the_skype_highlighting**************(202) 224-4543******end_of_the_skype_highlighting

    Senator Judd Gregg (R-New Hampshire)
    (202) 224-3324

    Senator Richard Lugar (R-Indiana)
    (202) 224-4814

    Senator Michael Enzi (R-Wyoming)
    (202) 224-3424

    Senator Lindsey Graham (R-South Carolina)
    (202) 224-5972

    Senator John Ensign (R-Nevada)
    (202) 224-6244

    Senator Orin Hatch (R-Utah)
    (202) 224-5251

    Senator John Cornyn (R-Texas)
    (202) 224-2934

    Senator John Kyl (R-Texas)
    (202) 224-4521

    Senator Mitch Mcconnell (R-Kentuky)
    (202) 224-2541

    Senator Amy Klobuchar (D-Minnesota)
    (202) 224-3244

    Senator Claire McCaskill (D-Missouri)
    (202) 224-6154

    Senator Jon Tester (D-Montana)
    (202) 224-2644

    Senator Jim Webb (D-Virginia)
    (202) 224-4024

    Senator Sheldon Whitehouse (D-Rhode Island)
    (202) 224-2921



    What you could say to the Senator offices listed above:

    When you call:
    Be courteous. Tell the lawmaker office that:

    --------------------------------------------
    I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.

    I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.

    I strongly urge the Senator to please support this bill. If it is possible, could you please share the position of the Senator on the Comprehensive Immigration Reform bill?

    Thank you and I am counting on the Senator�s support for this very important bill of national priority. Please convey regards to the Senator.
    --------------------------------------------
    If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.

    - Then ask: What is the lawmaker�s position on this bill/issue for you? If the position is
    - Supportive: Then thank the lawmaker office for it.

    - If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.

    - Be polite and persuasive in your message.

    Question What if some Senators say they do not support amnesty. -

    Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.

    I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
    giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"





    TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL

    Senate Majority Leader Harry Reid (Nevada)
    (202) 224-3542

    Senator Dick Durbin (Illinois)
    (202) 224-2152

    Senator Chuck Schumer (New York)
    (202) 224-6542

    Senator Patrick Leahy (Vermont)
    (202) 224-4242

    Senator Dianne Feinstein (California)
    (202) 224-3841

    Senator Bob Menendez (New Jersey)
    (202) 224-4744

    Sen. Ben Cardin (Maryland)
    (202) 224-4524

    What:

    When you call:
    Be courteous. Tell the lawmaker office that:
    --------------------------------------------
    I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.

    Thank you for the Senator�s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
    --------------------------------------------

    - Be polite and persuasive in your message.

    Stick to the message and you will really make a big difference.

    Please post the outcome of your call on this thread. For more information please contact IV.

    Thank You,

    Immigration Voice



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  • chanduv23
    04-30 02:27 PM
    The link got working again, but nothing is happening as of yet.

    Is there audio?




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  • amitjoey
    03-02 07:01 PM
    Yes, if we do not do anything, then yes, we will only get our GC's as per the calculator- which is 2024 and beyond. If we want it earlier, we need to educate: Get vocal: Vocal about reforming employment based immigration laws. Lobby the government: (which means we need to contribute money to IV to make a war-chest- to pay the lobbyist.), Get noticed: Which means we have to meet our lawmakers.




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  • immi_seeker
    09-28 10:10 PM
    This is very bad . considering the fact that people have been put in to this endless wait of retrogression. FY2006 they wasted 11k visas and the whole year dates were retrogressed for most of the countries




    catopa
    03-04 09:44 AM
    Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.

    There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:




    needhelp!
    09-10 05:15 PM
    raminmd, Miya Maqbool, Guest007, sxm101, nosightofgc, p_aluri, uslegals, krispal

    Here's to a strong community of active members!



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