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  • nozerd
    12-29 09:59 AM
    Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
    Thanks





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  • vbkris77
    11-30 10:42 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________




    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



    (1) Nondiscrimination. -


    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.


    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.



    This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that





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  • shivapb80
    06-05 04:22 PM
    actually this memo, as far as my understanding goes, does not say it. there is no where the clause that filling AC21 documents means that it will become urgent for USCIS to make a decision on your i-140.

    it is more applicable to the i-485 i.e. if your i-485 comes up for adjudication and you have file ac21 and your i-140 is pending as well, then the portability is only valid if i-140 is approved. of course after that to make sure that the portability is valid they will apply the "similar job" criteria.





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  • immilaw
    12-12 12:50 PM
    Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.

    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.



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  • JunRN
    12-20 01:37 PM
    I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.


    There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.

    I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".





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  • akhilmahajan
    06-19 12:22 PM
    Could you please send to me also?

    Send you a PM also.



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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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  • delhirocks
    07-14 09:34 PM
    So let me guess, your parent applied under 245(i) in 2001 and thats why you have aged out. No thanks, that 245(i) amnesty has caused us enough problems with the labor certification backlogs.

    What was 245(i) amnesty?...just curious

    Also, It is a big concern for me when when some EB visa holder's kid age out and is left out of the process. If someone can show me that this so called dream act will help in that, i will support it and do my part.

    But Iam not getting on the field to bat for an illegal.



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  • mirage
    02-03 09:41 AM
    Guys,
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...





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  • Berkeleybee
    03-09 04:46 PM
    Report back
    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
    Bluekayal

    Great summary Bluekayal!

    A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

    (1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

    (2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

    (3) Background checks
    (a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
    (b) FBI conducts a finger print check
    (c) FBI conducts a name check.

    So I don't know what she meant by FBI can do it. They already are.



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  • se_vnt3
    02-28 01:49 PM
    Though I want to feel sorry for you I cannot. Between all the things you have written I was trying to find one small indication to know that you are sorry for what you have done. I did not find one. You are arrogant enough to blame the immigration laws for not permiting you to come to the US, but never really looked into your own flaws for flouting drug laws.

    Besides, this is a forum for legal employment based immigrants. You may hardly find any resource here that will help you with what you want!

    ...It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed.

    I have nothing to be sorry for. I�m still paying my dues along with my family and we�re all grateful for the opportunity to redeem ourselves. It�s time we are recognized. I�m struggling with the principal of the matter. I�m not as bad as immigration is trying to make me out to be.

    The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana, yet it is granting the 212(d)(3) Waiver for Non-Immigrant Visas to Aliens deported with a drug-related offence of more than 30 grams of marijuana and who wish to travel to the U.S.. United States Citizens need an Immigrant Visas Waiver available to their Alien Immediate Relatives deported with a drug-related offence of more than 30 grams of Marijuana in order to even the scales on both U.S. citizen and Alien immigration privileges concerning Deported Aliens with a Drug-Related Offence of More than 30 Grams of Marijuana.

    The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own.

    It�s pure hypocrisy and it�s my family�s and my name being placed on the line.

    I mean, really, how great can the U.S. be if it�s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives? The U.S. government�s violation of my family�s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family�s civil liberties to equal protection under the law, to due process and privacy are being discriminated against, they are not receiving fair treatment.





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  • praky
    05-30 02:43 AM
    Dunnito



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  • kaisersose
    05-29 07:22 PM
    Xenophobia (fear of foreigners) has always been high in the US, though not always on the surface. Most probably we remind them of their own history of invading the native american's land, killing him and occupying his land.

    Back in the 1850s, Ireland went through the great potato famine which killed millions. A number of survivors migrated to the US where they met with hostility from local Americans who were scared these foreigners would take away their jobs. This has been going on since 150 years and is not a recent development.

    In 1997, unemployment in the US was zero and so no American felt threatened by foreign presence. The sun was shining, the birds were chirping and everything was hunky-dory for new immigrants. However, the situation is considerbly different today with increased outsourcing and brown desis seen everywhere in the US - especially in walmarts.

    With all this, it is inevitable that an immigration reform that will put an end to all our woes is not going to happen. However, we can try our best and hopefully expect at least some reprieve in the forthcoming revamp. If not, then we have Bangalore, Hyderabad and Noida where we do not have to spend an average of 2 hours everyday brooding over immigration issues.





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  • vhd999
    11-25 06:43 PM
    I am sure IV must have reveiwed these numbers before posting this analysis for public view.

    If that is the case, I am clearly missing something here.



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  • Macaca
    07-10 08:57 AM
    Media Matters Lou Dobbs section: http://mediamatters.org/issues_topics/shows/loudobbstonight
    Here is a recent attack on undocumented "DREAM act" students exposed by Media Matters: http://mediamatters.org/items/200707060009?f=h_latest


    Media Matters for America is a Web-based, not-for-profit, 501(c)(3) progressive research and information center dedicated to comprehensively monitoring, analyzing, and correcting conservative misinformation in the U.S. media.

    Launched in May 2004, Media Matters for America put in place, for the first time, the means to systematically monitor a cross section of print, broadcast, cable, radio, and Internet media outlets for conservative misinformation � news or commentary that is not accurate, reliable, or credible and that forwards the conservative agenda � every day, in real time.

    Using the website www.mediamatters.org as the principal vehicle for disseminating research and information, Media Matters posts rapid-response items as well as longer research and analytic reports documenting conservative misinformation throughout the media. Additionally, Media Matters works daily to notify activists, journalists, pundits, and the general public about instances of misinformation, providing them with the resources to rebut false claims and to take direct action against offending media institutions.





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  • dummgelauft
    11-03 05:22 PM
    Re-capture, STEM un-capping, "one visa number per family" or other such legislative action/executive order is the ONLY way any retrogressed EB category will see relief.
    Recapture too is a one time solution that will just get rid of the CURRENT backlog. In future, EB application numbers need to be tied to number H, J, L,O and other visa types
    Otherwise, its same sh!t, just side view



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  • nousername
    11-10 01:43 PM
    very well said goel.. I said the same thing to IV and I got God knows how many reds. The only time I saw a huge impact was after July fiasco but again it was not IV's alone effort, many other organizations were included.

    Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.

    To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..

    In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).

    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....





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  • bestia
    01-26 10:30 PM
    Here it is
    http://www.news.com/2100-1017-255994.html

    Yeap, that's what I was talking about. Thanks.

    ...
    Looking back, I should've sued the company because it did not pay me full salary for the first month while I was on the "bench" (searching for a contract). ...


    lol, back than (speaking about myself - can't speak for everybody) I was naive. It is now we grew big teeth and became half-lawyers :)





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  • radhay
    04-01 10:30 PM
    Sorry to hear the screw up. I had some what similar issue with H1B extension when attorney didn't timely file my application. USCIS approved H1B with no I-94 attached basically asking to leave country and get stamping in India.
    We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
    I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.





    buddyinsd
    10-28 01:49 AM
    Mr. Murthy didn't bring out the message correctly. If you read clearly his message is directed towards state govts which dont provide infrastructure and mandatory English as education. So, I think he meant that as long as state govts act upon giving good infrastructure and mandatory English, young talent will remain in India.

    But r the bloody politicians listening?

    The man is worth $1.6 billion and need not resort to such cheap gimmicks and hez no longer the chief of Infosys. And the guy who cant interpret a simple message and calling it a gimmick whoz he? Some small time programmer sitting in a corner typing stuff about Infosys/gimmicks???--- LOL. Give the revolutionary businessman some respect will ya?





    newcomer
    06-23 04:57 PM
    I beg to differ with your opinion about using the walmart bags are trash bags.

    One of the reason that I can think of is...

    There are apartments where kitchens are so small where you are forced to buy small trash cans and stuff them under the sinck.The best way to fit these can's is with Shopping Bags, not with 5 or 10 gallon's garbbage bag.




    Brahmam and Company -

    This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.

    To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.

    I'll give you the last call to burn your ego.:cool:

    - Shalom



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