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  • newbee7
    07-05 11:48 PM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.




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  • GCwaitforever
    01-13 04:19 PM
    Still waiting for labor clearance.

    Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)




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  • java_jaggu
    06-04 01:15 PM
    http://www.ilw.com/articles/2007,0604-lee.shtm

    Based on this article, it looks like even those 140's and 485's filed after the cut-off date will be fine as long as the GC is approved before Oct 1, 2008, so folks will have some breathing time and flexibility to plan their next move, if the bill passes in the current form.




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  • desi485
    11-18 03:50 PM
    We must also step forward and work towards resolving other things

    (1) Create blog on how to report Employer wage violations to Wage and Hour division

    (2) USCIS poor customer service - inconsistencies, rude answers ....... We must create a blog to let people know how to contact Ombudsman to report issues

    (3) Any other pressing issues....

    Folks please add anything you feel must be addressed

    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

    --------------------------------------------------------------------------------

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.



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  • losthope
    06-11 02:11 AM
    http://www.socialsecurity.gov/pubs/10024.pdf




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  • garry_kay
    06-20 12:20 PM
    Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.

    Do you know if you got an audit? Any idea about how they decide to do audits?



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  • WillIBLucky
    12-19 09:00 AM
    If "you" meant me then FYI, I have contributed before and will be contributing again. I am no sencond thoughts on what IV core memebers are trying to achive and why they need money. I completely understand the need.
    What am I saying is IV has done everything for Lame Duck session to try and get the bill passed. More money then would not have helped is what I think. Yes we could do better from the lessons we learnt from that day. We definetly need money for all this purpose. Most of the members here understand that and want to contribute too but you cannot expect everyone to be in a position to contribute due to various factors.
    But you should not say that you are spending a lot of money on lawyers but members pay lawyers as there is no alternative. You would not be a part of IV if your GC is not filed and affected by retrogression. To get to being retrogressed you should pay the lawyers as without labor and i-140 you are not there yet.
    Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.

    Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.

    I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.




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  • gconmymind
    08-13 07:04 PM
    The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.


    ______________________________
    US Permanent Resident since 2002
    N-400 Oath Date on Aug 19th, 2008

    IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.

    I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.



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  • Michael chertoff
    09-04 08:29 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.


    -

    Dear Pappu, what do you think about next bulletin? any internal information? there will a forward movement or reterogression?

    Thanks

    MC




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  • sirinme
    09-10 05:33 PM
    Just contributed $100 via Google Checkout. Can't make it in person to the rally, but thanks & best wishes to everyone involved.



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  • Guest007
    06-29 02:43 PM
    I'm really hoping they'll catch up and we won't have to wait 4 months. My 6th year H1 is expiring this December and I need to get the I-140 approved so I can get H1 extension.
    You dont need a approved 140 for filing H1 extension for 7th year.. Only advantage with approved 140 is you will get 3 yr extension instead of 1.
    All you need for H1 extension for 7th year is that a labor cert be filed at starting of 6th year.




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  • ramus
    09-09 10:14 AM
    GCOP
    Junior Member Join Date: Nov 2006
    Posts: 1


    $100 Contribution

    --------------------------------------------------------------------------------

    I just made $100 contribution for Rally on Sept.18
    Google Order# 664888870694671

    PD:Oct.03, EB-3
    I 140 Approved
    I-485 filed on July 25,07



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions




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  • ItIsNotFunny
    10-20 12:55 PM
    Folks - there is going to be some changes in the strategy here. I have discussed this issue with IV core and we will update the new strategy soon, until then you may continue to send the letters.

    Folks who are running the campaign - please keep this thread alive.

    nk2006, pdrecap and others who are active please make sure your profiles are upto date on IV and please join your state chapters.

    nk2006, pdrecap I will discuss with you offline on the next steps. I will send you a PM.

    Can we make this thread like a sticky on home page?



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  • santb1975
    05-27 11:56 PM
    still under 20k :confused:




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  • gc28262
    08-12 11:40 AM
    He has already been able to pass the law. Now whether he calls them chopshop or backtracks, or praises them.......it does not do anything. This will soon be a law.

    By the very nature of this senator, he didn't even have to rephrase it. If he did that, there is a reason for it.



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  • JunRN
    08-20 09:36 PM
    While Illegal immigrants are simply using international drivers license, we, legal immigrants, are having difficulty getting to drive legally. This is simply ridiculous.




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  • buddyinus
    08-11 05:11 PM
    SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.

    Receiving a call from Ohio Area Code dozn't mean that hez in Ohio. Wake up. Anyway, my point is...We've seen a lot of this guy...Dont trust him. He mislead ppl on the other thread and ppl started booing him. But he was goin on and on and on...I just realised he was the one to start this thread too...Its already 6 days since Monday and this thread is still alive. Doz he even have any decency to acknowledge his mistakes. Admins...When somebody reads something like "June end and July 2nd filers receipts by monday" on ur homepage they get excited. Bottom line is, its misleading. The "Monday" is already gone and nobody knows when USCIS will process July 2nd receipts. Pls delete this thread. SriKondoji is notorious for spreading false rumours.




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  • raysaikat
    01-06 04:11 PM
    I am not sure why people jump onto drawing conclusions so fast...look at the above post from a so called professor....he encountered a couple of a folks from some universities & concludes that those universities are just crappy....!! Many of my colleagues are from the professors' "oh-so-good" list of IITs/univs and they are no better!! (In fact, some of them suck so bad)!!

    raysaikat - Do you really think any student from the above crappy-univs could not tell what is f(0.7) by looking at the graph?? Do you really think those univs (anna/osm...) are so bad? Now another question for you prof....how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??

    PS: Sorry for digressing from the main topic of the thread.

    I do not particularly disagree with either points. AFAIK, there are many colleges under the Anna University (i.e., students from all colleges get the same degree); some of them might teach properly and students may learn something. But the point of illustration was that there got to be some serious problems with those degrees if a significant number of students are getting that degree without actually learning/knowing anything. I never made a statement that *every* Anna/Osmania Univ. student is bad. My statement is that I have witnessed a large number of singularly bad students with degrees from those Universities. Those students may well be at the bottom pile. The point is that even a bottom level student who get an engineering degree must know better than those students: otherwise they should not be given the degrees. There are not-so-good people in IITs (B.Tech) as well; I know a few personally. But even they are way better than the students I have encountered. Let me know if you have met some B.Tech (and not M.Tech) from IIT who cannot write a 'hello world' in C; I am very curious.

    I also do not disagree with your second comment. But that clearly illustrates the point that Wadhwa stated; there is a severe shortage of jobs that *require* a Ph.D. It is plain impossible to get a faculty position in a reasonable school in CS/EE, in particular, in computer networking. There are just no jobs. Note that my track record is quite good: Ph.D. from a good school (although not in the top ten) with a good publication list (a reasonable number of papers; all in good journals/conferences like Transaction on Networking; JSAC; INFOCOM, etc.; most of them cited many times) and a post-doc from an Ivy league school. At present, other than Biomedical Engineering and related fields, faculty positions are very scarce. And hopefully you understand that you cannot "change fields" like a computer programmer since in academia you need to have a research record of 4-5 years in the new field before you can change to it. I wanted to be in academia and struck this trade-off of accepting a position in a not-so-good school.




    swo
    07-22 01:11 PM
    One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.

    Remember...some of these 600K will get the GCs or have them denied. For example, concurrently filed I-140s will be denied etc. So the numbers may reduce over time.

    ....

    So, no worries. There must be a solution ahead for us.

    Correct. They will have ways of trying to cope. If they need more workers, they will somehow get them.




    IN2US
    07-06 03:26 PM
    you mean 60k

    I meant janitors approving 485 applications



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