Saturday, July 2, 2011

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  • tonyHK12
    11-11 01:01 PM
    Dear tselva,

    why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.

    MC

    Why not 3 more years either :)


    Another point I think is that even if IV had a couple of million dollars I don't think it will be able to pursuade the Congress to pass any legislation to bring relief to legal immigrants considering the mood of the people in the Congress . No one would like to hurt their political career with voting for us in the Congress. The politicians do only lip service whether for illegal or legal immigrant bills. They have zero interest in seeing them passed in the Congress.

    Well thought I had to answer this better. The answer is YES, we can get bills introduced and passed if we had 2 million dollars. Lets not make assumptions about what congress cares for, we'll let core members handle that. As written previously, we have managed to get quite a lot of change done with minuscule funding, even though we haven't been able to afford the best people.
    Maybe right now even achieved a bit more than the illegal immigration lobby.
    How exactly do we do it? - Check Donor forum, where we get constant updates on our efforts in Washington DC.

    Donations start at a one time of $25, even if that's the only thing you do all year.
    There are some thinking why not get everything for free, when IV is already working? Its a tendency of many to save as much as possible, and get the thrill of getting something free. As I speak, Donors are benefiting from IVs efforts. United we can achieve a lot, Divided we fail.

    The other common excuse is - "I really don't care, even if I don't get the GC, I can always find a job back home. Pay $1000 for my return flight. Just visiting... "
    Well I guess the other option of spending much less, getting a GC in 1-2 years, starting your own business in the USA, making much more money is really something no one wants.





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  • raj2007
    02-19 12:18 PM
    Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
    like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
    Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.

    In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
    Thanks

    Hi TInku,

    I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
    Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.





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  • octoberbloom
    12-28 11:39 AM
    Omm,
    I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
    Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.

    n2b,
    I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.

    Thanks





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  • redcard
    09-15 08:34 AM
    What kind of job is that that pays $$$ an hour? LOBBYING ? :)

    working for Halliburton ?? or being an immigration advisor :)



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  • mygoodluck
    08-13 04:11 PM
    Just wanted to see how many duplicate application USCIS will get this week.

    My lawyer has specifically recommended against re-filing. He said exact duplicate applications in the system is a really bad idea and could get to both being rejected. This is different from the case that if one has missed something in the first one, he can re-file.





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  • eilsoe
    02-03 03:33 AM
    Ah.. finally placed my vote... :)


    and it was NOT on myself, ask kirupa to check if ya don't believe me :P



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  • bkarnik
    04-12 11:27 AM
    The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

    Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

    ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.





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  • kumar1
    11-06 12:14 PM
    For December 2009 visa bulletin - Please call Ajmeri Baba at +44-91-29-2434343434



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  • cbpds
    07-06 03:52 PM
    Your need to also wish that legal immigration issue is included in the bill as senators might CIR at the expense of the legal immig issue......you do not provide them the votes they need

    Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. :)





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  • greenlight
    05-12 03:26 AM
    Hello,
    I am EB-3 ROW, and my PD has been current since March 2008.
    I am wondering if anyone had to interview before their green card was approved? If so, please share your experience as well.

    Thank you and congratulations.



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  • sbeyyala
    05-22 03:44 PM
    I guess this bill passage is a trigger to all skilled workers to do the following.

    Option-1: Become Illegal and get a Z visa.

    Options-2: Go back to home land and live with dignity and peace of mind. (This is the option I would take). I am thankfully to the congress for helping me to make a decision, rather then wait for life time.

    Options-3: Re-apply in merit based system and wait in line for 4 to 5 years, until some other similar bill comes and says you to restart again in some other system.





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  • jai_immigration
    09-19 08:07 PM
    Anna35,

    So you only want results without any effort from you, you have not answered how you have helped us, did you attend the rally, or sponsor money. I took the opportunity and travelled and participate in the rally for a common cause. Look at your self and ask your self these questions, and see how you can change and help IV by contributing.



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  • checklaw
    07-02 04:49 PM
    $1200 (Medical+Photocopying+Photos etc.)
    $700 (Lost wages)





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  • munnu77
    02-21 04:55 PM
    why r we wasting time in such a useless topic...
    those who really want to help IV financillay and r backing off frm just some false rumours...

    Go to the post Office and send a money order...so tht u dont have to worry abt anything...anyway..its a matter of time u will know all theses rumours were false...

    We might succeed in ending GC retrogression...but i am sure some desi minds will retrogress for the next 100 years...



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  • dixie
    12-04 09:44 PM
    Personally, if I am not going to get a GC, I would much prefer loosing 20-25% of the PPF and have some chance of recovering the remainder from the "babus" than loosing all of it to the US government that considers me ineligible for benefits that I have already paid for in full. Its a positive sign that the Indian govt, whatever its vested interest may be, has at least considered taking up this issue.

    Lets not nitpick on corruption and nepotism in our home countries. Its no secreat that it exists here as well - except that it goes by different names such as premium processing, amnesty etc and the whole thing is more streamlined and marketed with a positive spin on it.Nobody has experienced that more than us. And yeah, I am being cynical here.





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  • suresh.emails
    10-21 02:50 PM
    Despite of my request on RED dots and interpretation issues,

    Some one gave me a RED dot for this posting. It is as follows

    1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))

    Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.

    We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.

    We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).

    Core member do some thing.



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  • akbose
    03-21 02:21 PM
    I am from NYC too. Lets team up.





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  • shana04
    02-12 06:33 PM
    Hi Shana,

    Just came home from work and logged back. My scenario:

    - I have my H1 until Sep'09.
    - If i change the employer will i get an extension for 3yrs based on the approved 140?
    - Do i need to file 140 again with the new employer?

    Thanks in advance

    If I 140 approved then you get 3 yrs extention. And if 485 filed then 6 yrs - (minus) remaning time.

    If 485 filed and in 6th year then 1 yr extension hear after.

    Good luck





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  • eb3retro
    02-21 12:30 PM
    Hi

    Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
    I am on H1B visa.

    I would appreciate if someone could give any sort of information related to calling for a home visit.

    Thanks

    how about filling your profile first.????





    Berkeleybee
    04-10 08:51 PM
    Bee:

    Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.



    I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.

    (i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22

    "In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."

    So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.

    (ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)

    We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.

    best,
    Berkeleybee





    chanduv23
    03-21 08:50 PM
    Hi....already joined the list under the name abose_98, NYC

    Great, lets keep mobilizing , please promote the group..
    lets add contact information
    here Contact Info (http://groups.yahoo.com/group/immigrationvoiceny/database)



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