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  • coolmanasip
    07-24 10:08 AM
    60 days...period of authorized stay.....check with the international advisor in school......





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  • nomi
    12-13 08:38 AM
    Whats the advice on this from core group?
    can we start mass web faxing USCIS for rule change?



    Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.

    I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.

    All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.

    what do you guys think ??


    thx.

    Nomi





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  • sukhwinderd
    02-09 08:43 AM
    I would like to join, I live in Orlando area... do you happen to hear from other interested members?

    most likely one of my friends will join. so 3 of us till now. i am trying to check with my other friends.





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  • giveme_gc
    10-15 08:40 PM
    1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
    2) Differentiate ourselves from illegal immigrants
    3) Statistics such as taxes paid, contribution to economy, etc will help
    4) Ability to purchase homes, start business, and create jobs
    5) For the sizeable population we are, involvement in crime is minimal
    6) Peace loving people who want to live in this county and contribute towards its growth.



    Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.



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  • sivakumar
    02-22 11:57 AM
    Hi Friends,
    I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
    In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
    Since I had a RFE on I-140 it finally got approved on 25th October 2007.
    NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
    I am under EB2 caterory from India. My priority date is 12 March 2003.
    As there is a feeling that the April visa might have 12/01/2003 as the priority date.
    I may get it or I might not get it ( depending when FP started)

    Please advice,
    Thanks a lot in advance and anticipation of an answer :)
    Siva.





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  • smuggymba
    09-10 01:05 PM
    So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.

    The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.



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  • iptel
    12-11 02:59 PM
    When we file I485 its with Department of States and not USCIS which is part of Department of Home Land Security. In my opinion it is DOS who has to agree filing I 485 even if visa number not available.





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  • diptam
    07-14 11:20 AM
    Murthy sent the letter after LOGICLIFE declared that something GOOD is likely or on the way.... IV is doing the job and she is getting the fruit (money)by just publishing it. When the lawsuit issue came up she took U-turn saying its AILA's job...

    When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .

    Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.



    Murthy will never mention Immigrationvoice or our effort on her website.
    Murthy will always want to take credit for everything good even if she has no hand in it. She tried to take credit for the June bulletin. But she vanished when the July fiasco happened. Why did she not take credit for the July fiasco if she was so close to DOS and was so easily able to influence the June bulletin. It is publicity stunt of these lawyers and their websites to try to show off how influencial they are so that their clients are simply awed by them and give dollars to them as fees.
    I want to ask Murthy this question-- How much money has she given to Immigrationvoice till now?
    If she has not given any money, then it means she does not care about immigrants and this cause. It means she wants retrogression to stay so that she can make quick bucks off it.



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  • piyu7444
    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.



    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)

    Thanks





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  • Legal_In_A_Limbo
    03-20 09:13 AM
    Can any one share with me the AC-21 offer letter + Employer verification format?

    I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.



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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • India_USA
    04-13 01:09 PM
    I am new to this country........reading the posts from members, I wonder if we did the right thing in coming to the usa? Life in India is improving a lot.
    Planning to study here.......is it better to go back after a couple of years?



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  • gc03
    07-24 03:36 PM
    Mr. Gonz�lez,

    I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.

    My Question:

    Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.

    Regards,





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  • vchip
    06-10 01:35 PM
    I am just wondering what are they going to do with this new act. Get rid of the immigrants.
    It is bad for USA and US Economy.

    Good Luck to us all.

    Cheers,
    VChip.

    Calli Passion (http://callipassion.blogspot.com/)

    Contributed $50

    :eek:



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  • anukcs
    09-26 09:53 AM
    I sent a message





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  • engineer
    09-27 10:17 AM
    This is great news for IV cause..IV can use this to its advantage to prove the EU will get immigrants easily and US will face pressure in getting highly skilled immigrants.

    We know it very well that most of the students go to EU, Australia etc due to delays in F1 visas and less prospects of getting green card..



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  • webm
    04-24 01:48 PM
    I also got my "Card production ordered" status few days back.

    however I also received a mail for biometrics appointment of 05/02?

    the biometrics letter date is 4/14 and my "Card production" status change was on 04/21.

    why would they send me a biometrics appointment and then approve my 485 and issue me a GC? is this common?

    should I still go for the biometrics appointment or just ignore it, I'm assuming that i'd have my physical GC in had before 05/02

    ---------------------------------------------
    PD - JULY 2003 EB2 RIR
    Concurrent I-140/I-485: No (I-140 Approved Earlier)
    Mailed From State: MA
    Mailed to (state NSC/TSC): NSC
    Received at (state NSC/TSC): NSC
    Transferred to TSC (state Yes/No): Yes
    485 Receipt Date : June 14th 2007
    485 Notice Date : July 2nd 2007
    MY FP Completed : 08/02
    485 LUD - 08/02, 08/02

    I would say you better get biometrics done....on a safer side..:)





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  • pbojja
    12-10 11:45 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .





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  • hiralal
    09-10 04:42 AM
    for eb3 - I think things will be better than what most are expecting. I know that is not enough but atleast it is not hopeless. I guess what most can do is hope for best and be ready for worst. this is why I feel it will be better
    -------------
    my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
    simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.





    kumar1
    01-09 09:38 AM
    We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!





    brick2006
    11-11 03:06 AM
    he cant act on immigration when the economy is down and ppl are losing their jobs..so we are in a sinking boat...
    better to wait and watch!!!



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