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kvranand
01-16 09:57 PM
Here is my $20/month contribution through BOA Bill Pay. First payment is scheduled on 1/23
Contributed so far: $200
Give IV a big blow!!:)
Contributed so far: $200
Give IV a big blow!!:)
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h1techSlave
02-03 11:00 AM
I agree with you completely. Removing the country quota is one thing the lawmakers should be able to push through.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
But some how IV is opposed to piece meal immigration reform approach. From the beginning they IV has this grandiose dream of fixing all immigration issues. Is it time to rethink about that approach? Sure IV might antagonize ROW applicants. But aren't they already out of IV in all practical sense?
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
imh1b
11-12 04:03 PM
Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
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rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
more...
Ramba
07-14 06:39 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
abhijitp
08-03 02:25 PM
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
more...
gcisadawg
03-09 06:40 PM
I am tired of words "Something is Cooking". All I care now is cooked food - whatever is cooking.
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Openarms
10-20 11:47 AM
Well said... no other explaination is needed.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
more...
achu
06-10 05:53 PM
sent email. thanks.
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coolmanasip
03-10 10:27 AM
Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28
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xlr8r
06-11 08:55 AM
Done.
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alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
more...
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amitjoey
08-11 10:21 AM
Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."
Mr Path of Joy
I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.
I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.
So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.
Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.
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perm2gc
12-31 01:43 PM
Good Job Guys...We will me seeing more results if we can regularly post in the other forum/board.Lets make every friday a target day to post in as many forums/boards possible.
Thank You for all who has given their valuable time to IV.
Thank You for all who has given their valuable time to IV.
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neelu
12-11 05:09 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
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rajeshalex
07-01 08:19 PM
I strongly support this idea. And may be we can become petition with max number of persons signing this/ set record. That way it might get more popularity
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abhijitp
07-23 07:37 PM
When we emailed him about our concerns regarding this issue his response was the following:
I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
To tell you the truth I'm still very worried.
The cited press releases do clearly say that they MAY deny an AOS application. What disturbs me is... why on earth should someone NOT obey the instructions which are clearly laid out on the front pages of the I-485 application forms? Is there a benefit to NOT submitting the employment letter?
I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
To tell you the truth I'm still very worried.
The cited press releases do clearly say that they MAY deny an AOS application. What disturbs me is... why on earth should someone NOT obey the instructions which are clearly laid out on the front pages of the I-485 application forms? Is there a benefit to NOT submitting the employment letter?
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lvinaykumar
11-26 10:57 PM
My View
I started doing online MBA, the meterial was great and the course required real effort and i liked the program but i was not able to interact with people or learn from there experiences, we had group work but it was mostly to the point. I thought i can learn this stuff on my own with out paying huge amount of money.
Then after my first semister with online MBA, i did not feel like continuing, so i stated looking for part time programs as i need to continue with my job and applied for MEM (Masters in Engeenring Management) program in Northwestern, it is reasonable priced and covered most of the objectives i had in mind. Most of the professors are shared between Kellogg College and McCormick College which are highly ranked, so the quality of education is really great, I love this program and I really find a huge difference between online and part time.
Final Thought, I would any day do a on camps program either part time/full time but not a online program in Management, For technical stuff, online is a great alternative this is save money and time.
Good luck.
I started doing online MBA, the meterial was great and the course required real effort and i liked the program but i was not able to interact with people or learn from there experiences, we had group work but it was mostly to the point. I thought i can learn this stuff on my own with out paying huge amount of money.
Then after my first semister with online MBA, i did not feel like continuing, so i stated looking for part time programs as i need to continue with my job and applied for MEM (Masters in Engeenring Management) program in Northwestern, it is reasonable priced and covered most of the objectives i had in mind. Most of the professors are shared between Kellogg College and McCormick College which are highly ranked, so the quality of education is really great, I love this program and I really find a huge difference between online and part time.
Final Thought, I would any day do a on camps program either part time/full time but not a online program in Management, For technical stuff, online is a great alternative this is save money and time.
Good luck.
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saimrathi
08-15 04:02 PM
This is already on another thread..!!!
http://immigrationvoice.org/forum/showthread.php?t=12391
http://immigrationvoice.org/forum/showthread.php?t=12391
joydiptac
02-19 02:22 PM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
sanju
02-13 09:08 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.
Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of "ALL AMERICAN" FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.
.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
No one asked anyone to come to this country. But when we came here few years back, we were told that there are set of procedures in place to get green card. Congress never intended to make people for 10 years to get their green cards. So no one asked us that wait for 10 years either. But we paid taxes for all those 10 years. And my tax $$$, government has decided to bailout banks telling them not to hire me. Again, no one asked me how they will spend my tax $$$ just like no one asked me to come to this country.
Sense of entitlement comes from sense of connection and sense of what we deserve. I am entitled to permanent residency because my wife and I have paid around 1/2 million in taxes in last 10 years, more than 99% of "ALL AMERICAN" FAMILIES. So don't tell us what we are entitled and what we are not entitled for, because that's ridiculous.
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