Tuesday, June 21, 2011

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  • gcSeek08
    08-13 01:47 PM
    Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
    My concern is will my wife's application get rejected since my I485 has been approved? Pls help!





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  • WaldenPond
    03-16 12:20 PM
    Here are comments from Senator Specter about the developments.

    http://www.bloomberg.com/apps/news?pid=10000103&sid=ag6IQySOv77w&refer=us





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  • GCBy3000
    04-02 11:01 AM
    Sent Both faxes. Good work.I will register my spouse and will send two more.





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  • Totoise
    07-24 02:36 PM
    Filed on June 12:RD on June 16 and got 2 yr EAD on July 23rd. Valid from July 18, 2008 thru July 17, 2010.

    I lost approx 3 months.



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  • gdhiren
    08-29 10:41 AM
    I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?

    Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!

    Ok, the thread title has been changed to include the transportation as well.

    http://immigrationvoice.org/forum/showthread.php?t=12565





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  • JakeLeone
    07-21 06:57 PM
    Hi,

    If you check the bright future jobs website, you will not find any reference to such a "Call".

    Beware, calling the number might expose your phone number, and you might become a victim.

    Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.

    I hope the deranged person who originally posted the message can receive help soon.

    BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.



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  • venky08
    01-06 02:48 PM
    dont worry, nobody will take any offense from your post...we all are one big happy family around here...right guys???:)


    The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.

    If it is of any further consolation then here is my brief backgroud:
    I am a Hindu by birth.
    Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
    Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
    So you see, I would be the last person to use this story to stereotype folks from any particular religon.

    I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.





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  • aspiration
    06-24 05:01 PM
    One more co-sponsor added for HR 5882.. from California's 5th district- Sacramento...

    Now total 23-Co-sponsors for HR 5882
    Rep Matsui, Doris O. [CA-5] - 6/23/2008



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  • Eagle
    12-01 04:50 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.





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  • payur
    06-27 08:44 AM
    you should probably correct ur sentence "... and obviously every one is as anxious as others to get their papers (fedexed) filed on time, fedexing it will not alone guarantee your filing.


    You are having fun. Don't you?



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  • vkraman7
    02-12 05:09 PM
    First thing is that your employer most likely will not send you a legal notice, as it would cause significant time and money for his already depleted financial resources. Even if he does, if such a legal notice is in an email, just ignore it. DO NOT RESPOND.
    If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.

    May God be with (and only with) your good intentions.





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  • megatron
    02-04 10:47 AM
    what programs do you guys use to make those pixel pictures? Is there somthing that Im missing or do you just end up doing it in illustrator or somthing?:moustache



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  • pcs
    06-17 01:07 PM
    We can fax, while we work up a strategy...





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  • longq
    12-20 03:41 PM
    Hello IV and its core members,

    I am one of the members of the forum and suffering due to the severe retrogression of EB visas. I highly appreciate IV�s effort to bring some legislative relief to address the severe backlogs in EB visas. I too participated in all IVs campaign in urging the law makers to bring some relief for this crisis. However, I have some concern here; about the method followed U.S DOS in allocating EB visas particularly in EB2 category for India and China. I am worried whether U.S DOS is violating the INA 202 (a), by suspending AC21 provision that eliminates country quota in EB categories. If they are violating by mistake, it is our responsibility to notify/clarify with them or we need to understand the law clearly. This is very important. Because, even if 110th congress passes SKIL bill, if DOS violates the AC21 law then it will not help applicants from oversubscribed countries (India and China). Here is my analysis based on following facts.

    The cutoff date for EB2 India has moved just 7 days since last 9 months. However EB2 �Row has been current. EB2- ROW has never retrogressed before. EB3 ROW has seen considerable movement in last 9 months.

    There may be four possible separate or combination of following reasons for the freeze of cutoff dates for India in EB2 at Jan 2003.

    1. The backlog elimination effort of DOL pumped massive approved labor certificates from BEC. There may be tons of EB2 applicants from India and China with PD in the year 2001 and 2002 might have applied 485s based on recent approvals from BEC. However I doubt that. Because, in the year 2001, 2002 and 2003, EB3 India and China were �current�. No body cared about filing EB2 labor certification till the later part of 2004. Most lawyers preferred to file EB3 as it was easy, and there were no difference between EB3 and EB2 at that time. First ever indication for EB3 retrogression was issued by DOS only in later part of 2004. I doubt so many people have filed EB2-labor till 2003, keeping in mind that EB3 will retrogress in 2004 or future. Traditionally EB2 has been less demanding compare to EB1 and EB3.

    2. Perhaps, there may be a huge demand by ROW (Due to PERM) to consume all the 86% of visa numbers in EB2 category in every month that prompts DOS to allocate only 7% to India and China. I doubt this too, because India and China itself consume about 60% of EB2 visas.

    3. There may be lot of EB3 Indians and Chinese with PD 2001 and 2002 porting their PD from EB3 to EB2 by filing new LC and EB2-I-140. This may escalate the demand. However, how many will do this? How many employers will to do this �favor� for their employees? A real US employer/big corporations will not do double time work for an employee. Only consulting/staffing companies will do this. I think this may be a small group (or may not be?).

    4. There may be another possible reason. There may be something wrong with U.S.DOS in allocating visa numbers in EB2 category, as per section 202 (a) of current INA. They may be issuing only 2800 (7% of 40,000) visas to India and China in EB2 and redirecting unused EB2 numbers to EB3 category. They may be imposing hard country cap in EB2 (Suspending AC21 law as per their VB Nov 2005). There is a large room for this speculation, due to the pattern of cutoff date movement in EB2 category. This is just a speculation. This argument/speculation is valid if DOS has issued less than 40,000 EB2 visas in FY 2006 as mandated by the law, and issued those numbers (40,000 minus actually issued) to EB3-ROW. In my view, it violates section 203 (b) (2) of the INA. One has to wait till they release statistics for FY 2006, to see how many EB2 visas are issued in that FY.

    Here is some detailed analysis that says why it violates the law.

    Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 203 a and b of the Immigration and Nationality Act (INA) sets numbers for each preference categories with in FB and EB.

    Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320. This section also explains how to handle unused numbers with respect to country quota.

    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. Here is the section of INA before year 2000, describes how to allocate unused visas, if overall/total demand for FB an EB visas are less than supply*.

    INA 202 (a) (3)

    �Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a-Family category) and (b-Employment category) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter�.
    Therefore, the 7% country cap had always been �soft� till year 2000.

    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.

    After 2000 (After AC21) the following law was added to INA in the section 202.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    As per my simple interpretation of above AC21 rule, DOS should allocate unused visas by ROW �EB2 (ROW- countries other than India and China in EB2 category) for the first two months of any calendar quarter to over-subscribed countries (India & China) at the third month of that calendar quarter. They should not allocate to lower Preference category (EB3), if demand is more in higher preference category (EB2) to consume all the visa numbers in that preference category. They should allocate visas to all the documentarily qualified applicants in that (EB2) preference category, irrespective of country of birth. If they followed this rule/law, there may be a considerable movement in cut-off dates for India and China in Dec 2005, Mar, June and Sep of 2006 in EB2 (last month of each calendar quarter in a fiscal year). We have not witnessed such movement in last 1.5 years. No one knows how DOS is allocating numbers. They may be allocating only 7% visas to India and China in EB2 category very strictly, every month, and allocating unused numbers to EB3 category, by suspending AC21 law as indicated in their Nov 2005 Visa Bulletin. If they do so, it is against the law, at least in my interpretation of AC21 rule that eliminates country quota in EB categories.

    DOS can not interpret above AC21 rule that eliminates per country limit applies �totally� to all EB categories put together, not by individual preference categories. I.e. If they say they will issue more than 2,800 visas to EB2- India per year (more than 7% of 40,000), provided overall demand for EB visas are less than 140,000. If they interpret the law like this, then there is no need for section 202(a) (5) (A) due to AC21 law. The law before AC21 {i.e. section 202 (a) (3)} itself address the elimination of country quota in both FB and EB category*. Then, section 202(a) (5) (A) is a duplicate wording of section 202(a) (3). So, this section of AC21 law becomes a redundant/duplicate law. Then, there is no meaning of employment �preference� category if they interpret �totally or overall worldwide demand�. In other words, a non-Indian/Chinese restaurant cook (EB3) is more preferred than a NIW PhDs (EB2) from India or China. Is it the intend of the congress when enacting AC21 law in removing per country limitation in EB category? Is it the American Competitiveness in 21st century? I highly doubt that.

    Now it is the time to ask US DOS, how they are allocating visa number in EB2 category. If DOS interpreting the law differently, then we need to ask the law makers (Congress) what is their original intension behind the section 202(a)(5)(A) when they drafted the AC21 law in 2000 and how it is differ from 202 (a) (3).

    Perhaps Core IV team can initiate to discuss/consult this issue with an immigration lawyer and place an enquiry with DOS or Law makers, if needed.


    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



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  • raj2007
    05-14 08:07 PM
    As far as I know, Fiancee visa is only for Fiancee of Citizens, not for GC folks.

    Someone pls confirm.

    You are right..Financee visa is for citizens only..





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  • waiting4gc
    04-09 01:16 PM
    Guys n Gals,
    I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.

    Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.


    Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up

    i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..

    simple non sense.. random selection .. my behind..

    I really feel like sending flowers to the uscis similar to what the indian folks did last year..



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  • ilikekilo
    03-26 02:41 PM
    My HR already mad at me. Because

    (1) First EVL - for AC21 job change
    (2) Second EVL - to answer NOID
    (3) Third EVL - for travel on AP

    All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway


    lol...cant you ask a different HR?

    I dont know..in IL they give 4 yrs for a DL regardless of your EAD/H1 or whatever expiration is..and they dont ask for EVL...





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  • santb1975
    01-11 08:37 AM
    Real threads have to stay on top





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  • pappu
    04-13 04:40 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace


    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    We are glad that it worked out.





    Oblique
    02-04 08:24 PM
    Now that I look at it more, I really really like yours Kit :P I was just skimming through them and voted, but now that I look at em again, I should have voted for you :( Love the castle, and the background work for it.. Kinda looks like one of those Aztec Mayan thingers you see in the mountains or whatever :beam:

    Nice job too all..





    neoklaus
    10-28 07:24 PM
    - How has greencard changed your life after receiving it?

    we will see

    - How did the long wait upset your life?
    greatly!
    - How did immigrationvoice help you during this long wait?
    greatly!
    - Would you like to continue your support to immigration voice and help others waiting?
    for sure
    - Any advice for everyone?
    knowledge, knowledge and knowledge! The earlier- the better.
    Greatest disappointment that haven't discovered IV back then, say in 2001:D



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