Saturday, June 25, 2011

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  • ramus
    06-03 03:44 PM
    If you are eligible to file I-140/485 now then how come you are stuck?

    Remember nothing has become law yet..


    My labor was approved 8 months ago. Although i submitted all the documents to my attorney 5 months ago My employer is yet to file. the fact is i am eligible to file for 140/485/ead/ap. So now i am stuck. Will this affect me.Thanks in advance.:mad: :mad: :mad: :mad: :mad:




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  • vine93
    05-01 03:33 PM
    1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.

    2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.

    3. Let Join hands together and follow the HSMP people did in UK.




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  • manderson
    03-11 11:12 AM
    Napoleon, thanks for those great finds. I always suspected Self-Porting is possible but with too many caveats.

    Please see IV user unitednation's experience while skirting around self-employment / AC21 issues and dealing with "financial viability/ tax returns" type interview questions. He finally succeeded in getting his GC, which still gives me reason to believe that it's possible to be independent after EAD (if you can navigate the loopholes):

    http://immigrationvoice.org/forum/showpost.php?p=142698&postcount=212

    Sorry if this is a repeat post/link.




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  • GCard_Dream
    01-04 02:59 PM
    Agree. Truthinspector is simply expressing his opinion and if one doesn't agree, just put your side of the arguments to counter his but their is no need for character assassination. It's perfectly fine to disagree with someone but there are better ways of letting him/her know that.

    truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.


    for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.

    truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........

    this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........

    you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....

    the truth always hurts. some more so than the others........



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  • kevinkris
    05-27 12:47 PM
    goto top..




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  • saimrathi
    07-06 11:08 AM
    I like your analogy...

    I agree with you 100%.

    The material damages to would-be July filers are a travesty. That is undeniable and deserves, at the minimum, material compensation.

    But making the bulletins current in the first place, instead of a making a measured movement in the priority dates was like trying to fill a glass of water with a firehose. Broken glass and severe water damage were sure to follow.



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  • priti8888
    07-23 06:34 PM
    I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.

    Thx!

    Correction:-
    My RD IS DEC 04 and I got Ead in feb 05...Mixed up the dates-Sorry!




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  • lonedesi
    08-06 08:24 AM
    Raydon, thanks for expressing your situation. But I still feel we are not requesting TSC to expedite our cases. All we are asking his, please do justice to us and follow the FIFO for the I-140 petitions. TSC has been consistently approving cases filed in recently and just continuing to ignore our cases. If you can explain your attorney, I am sure he will understand. Or atleast have him, fill out form 7001 on your behalf and send his own letter explaining the situation to Ombudsman's office.
    I understand that I-140 is employer petition, but it ulitmately belongs to you. So you need to do whatever you can do some how convince your employer or attorney to assist you one time. I-485 is your petition, and you do not need any consent, if you need to send a letter to Ombudsman's office. So please try your best and see if you can mail the form & letter to Ombudsman's office.


    lonedesi,
    Much as I'd like to participate in this campaign, it's the employer's signature that I can't guarantee. My employer is a big and prestigious (supposedly) company and will not want to sign this petition or do anything against the counsel of the attorney. The attorney is not gaining anything by expedited processing of the I-140 and won't support this either. He's an AILA member too, if that's of any significance.
    If this is worthless without the employer's signature, then I'm unable to participate in this campaign, though it is a worthy effort.I would urge all members who can get the employer's consent to definitely participate and wake up the USCIS from it's slumber.They need a big kick up their you-know-where, especially the TSC.



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  • svm
    07-18 03:47 PM
    Thanks for the reply!




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  • knnmbd
    04-25 12:59 PM
    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".

    In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
    I agree. Also, since F1 is not a dual intent visa this will not hold water. Anyways this is a ridiculous demand. We are not the law makers and we should consider ourselves lucky that couple of IV's amendments are in a few of the senator’s bills, though there are no guarantees if they will be included in the final text or let alone be passed. We should only push for what is already include in the 2 bills and not confuse everyone every time one of us comes up with this "brilliant" idea of using H1B entry date as priority date. So what's the next amendment we want " include the day I first envisioned that I will come to America as the priority date". WE NEED ONE VOICE and we have already been heard so let’s stick to what is practical and push those amendments through.



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  • billu
    08-05 07:20 PM
    Hi!
    I'm RN outside the US:cool:

    I will try to answer on your second question first. Shumer/Hutchinson amendment is the only our chanse for now. Try hammond law group, or shusterman, you will find info about it there. Shortly, it is the second try of Mr.Shumer and Ms. Hutchinson to amend an "Omnibous Bill" with a favorable for nurses and PT amendment. It would provide all schedule "A" with 61000 visas! If it is passed, we will be in chocolate:D , I mean you will get your GC in approximately 6-8 months (or a year). Nobody knows what are the chanses! My opinion that we have 50% that such a bill will be attached, and than we again have 50% that it will be passed and signed by Bush, before the end of the year.:rolleyes: If we are not lucky we would not see any favorable bills till after the elections of president and senate, late 2009(!).:mad:

    Under EB3(if no schedule "A", and there is no other favorable changes in immigration law),and you are from India, you will have to wait forewer (10 years or so)! But if you are in the US, and you will be able to file I485, DO IT!

    My advise is: file I140 as soon as possible, not sure about the avilability of premium processing, if you can, then use it also, if you can file I140 and I485 concurently - DO IT! I'm not familiar with procedures for PT, maybe you will find information here:

    http://hammondlawgroup.blogspot.com/
    http://shusterman.com/toc-ahp.html
    http://shusterman.com/toc-rn.html
    http://immigrationvoice.org/forum/showthread.php?t=4817

    hi chisinau,
    thanks for all the info...i missed the july opportunity as my employer told me that filing I-140 would take atleast a month....including applying for labor ETA 9089 form,job posting etc....so i could not file I-140 before july 31st....and the august 17 deadline is not valid for me anymore...
    it seems difficult to comprehend that all PTsts and nurses coming to US from india wud now have to face 10 yrs of wait for GC especially with acute shortage of these professions here....i am sure some kind of bill or extra numbers would be given for these professions to speed up the process......in some states there is such an acute shortage for PTs that they are paying huge sign on bonus and pay package and the future demand is going to increase due to baby boomer generation retirement.....with h1 numbers going down to 65k for ordinary and only 20k for masters,i am sure there would be some steps taken to ensure getting more PTs and nurses from outside US in the future(2-3 years)......lets hope for the best n keep our fingers crossed.......
    thanks for all the info again n all the best for ur process




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  • chanduv23
    05-15 10:58 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    Ok - any ideas how we can ask? What fee waiver are we asking for?

    We need to understand if there is a system in place for fee waiver?

    To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.

    Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.

    I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.

    thats why we need innovative ideas to deal with this.

    Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.



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  • desi485
    11-26 01:19 PM
    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.

    *************************

    Hmmm....I am still wondering...

    1> How much money an applicant will spend on MTR? on self, on dependents?
    2> How much money an applicant will bleed to move to US District Court?
    3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
    4> if he looses EAD job, will CIS again punish him for not having a job?
    5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
    6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?

    (sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)




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  • eb3_nepa
    12-18 02:35 PM
    We have to differentiate ourselves from the illegals. Let the illegals do Rallies, Huger strikes etc.

    I agree. All this Gandhigiri is not going to do anything. Guys lets just stick with lobbying and reduce what we ask for like I mentioned on another thread. As long as everyone gets SOME benefit we should be good.

    Too much of these fasts and rallies is going to do just one thing, it will send a powerful message of the WRONG kind to the American people that "First they come on temporary work visas, then they forcefully demand Permanent residency". It will affect us even more when we go back for visa interviews and also new people coming here will have problems. Also, unfortunate but true, IV is still viewed as an organization For the Indians, By the Indians, even though this is Not true at all. If you add the whole Gandhigiri aspect to it, it will only add more fuel to the hate fire that most anti-immigrants now have against some of us Indians.

    By all means let us send a card every week to the Senators and Congressmen asking for help. A nice personalized card to each one of them EVERY week. Other than that let us PLEASE not entertain thoughts of "non-co-operation" and "Hunger Strikes". Let us remember Gandhiji was fighting to get OUR OWN country back from the FOREIGN British Rule. However we are in ANOTHER country BY OUR OWN WILL! Now we cannot start protesting and fighting that "Give us our GC or we will strike". Please get rid of these self destructive ideas.



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  • franklin
    09-29 10:50 AM
    Except, Franklin is not from a retrogressed country.... :)

    jazz

    Actually, techincally I am - eb3 ROW suffers from retrogression




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  • vasa
    07-07 11:46 PM
    The NYT Editorial is on reddit. Please go vote on it...

    Search for immigration malpractice.
    dugged/reddit...

    this was a good article



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  • Asian
    08-10 02:55 PM
    O.K. I might have confused some.

    There are certain child tax credit that you qualify with ITIN. But there is another kind of child tax credit which you cannot claim without the child's SSN. I cannot remember the exact name of the tax item but I do remember it was a big amount. Eventually, by the time we can get her SSN (hopefully if we are lucky enough) after GC, we won't qualify once again because of the income limit.

    This is from the IRS website at:



    As for:

    I have filed returns for my child but my child was born here so we do have a SSN.




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  • Macaca
    01-06 11:18 AM
    Vivek Wadhwa Bio (http://www.soc.duke.edu/GlobalEngineering/project_facultystaff.html)

    Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.

    He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.

    Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.




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  • eb3_nepa
    07-14 01:33 PM
    sent $10.00 instead of $5 to make up for someone that doesn't.:)
    Used Bank Bill Pay Conf : 119124506

    WAY to go hariswaminathan. THAT is the spirit.




    rockstart
    07-11 08:30 AM
    I agree looks like CIS is getting its act together. but with such a big jump in dates. We will see random approvals like May 2006 before July 2004 etc.

    Is this big jump for EB2 due to overflow from other categories? Is this as a result of awareness around visa wastage?




    ars01
    03-12 04:45 PM
    Just got the email that Card Production Ordered. I hope it means the GC has been approved. Do any of you know of any situation like this?



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