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veerug

07-03 07:55 PM

What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.

I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.

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suriajay12

04-04 08:59 AM

immigration-law.com says:.. Please read the second part which is more relavant to us.

04/04/2009: Congress Passed Concurrent Resolution, H. Con. Res. 93, to "Conditional" Recess Until April 20, 2009

* The 111th Congress has passed most of key and time-sensitive bills in the first three months. The last important bill which the Congress passed was the Obama Administration's FY 2010 budget proposal. Both the House and the Senate swiftly passed the budget in the last two days. It is historical in that the single most hot button legislative bill is a budget for the government and it tends to drag the legislative process for months. This week's Congressional action on the FY 2010 budget recorded a history.
* Having resolved most of hot botton legislations, yesterday the House and the Senate passed by unaimous consent a concurrent resolution to go into recess "conditionally" until April 20 for the Senate and April 21 for the House. "Conditionally" means when any hot issues develop, the leadership of the House and the Senate can always call back the Congress into the session during this period. Accordingly, unless such event develops, the Hill will remain quite for almost next three weeks in the legislative activities.
* The members of the House and the Senate are returning to their neighborhoods to recharge their energy in their political constituency. This presents a golden opportunity for the pro and con immigrant advocates to work with the legislators to support their immigration agenda when they return to the Hill after April 20th. These legislators never rest. Recess does not mean that they can take a time off to enjoy sleep for extended hours or enjoy a vacation. In fact, they tend to get busier in their community to harden and expand their political roots. It is time for the immigration advocators to roll up their sleeves to work with these legislators in their neighborhoods on person to person basis.

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shannonxi

07-18 10:47 AM

Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.

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InTheMoment

07-13 10:56 PM

Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p

The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.

I-485 CAO's are usually the most experienced adjudicators.





EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year ’08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year’s visa numbers.
If this happens even EB3 India will be potential losers also.

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stucklabor

07-24 10:15 PM

.. there should definitely be some policy interpretation at the discretion of the USCIS

1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

2) If you are interpreting it based on the words ....

"an immigrant visa is immediately available to him at the time his application is filed"

Then according to 245(a)(2)....

"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.

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mlvats

06-10 06:22 PM

My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
Currently she does not have any VISA.


Can her current company "A" apply for L1 and she can come to USA on L1?
And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
working for Comapny "A".?


Thanks in Advance.
-Moti

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vin13

03-09 12:22 PM

This is horrible. Does not make much sense.

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pmb76

03-18 06:47 PM

Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.

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sledge_hammer

06-19 04:59 PM

Do we use form G-325 or G-325A?

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akilhere

10-11 12:44 PM

Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]

feedfront

I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.

Please let me know.

Thanks,

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yabadaba

07-24 07:51 AM

Sorry, you are right. I hadn't had my coffee. Sorry for the false alarm.
can u please delete your post...this is ridiculous

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ajthakur

07-15 02:39 PM

I am truthful to IV members. I dont understand the reason for such a statement. Also there is nothing fishy here. Stop being a detective please. I dont feel comfortable sharing the reasons why I quit my employer in August. That something private. That shouldnt imply there is anything fishy.

Please be truthful to the IV members.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.

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Jaime

09-10 12:23 PM

You pay your taxes, abide by the law, follow all rules - And yet you are discriminated against with per country caps and with most immigrant visas going to the unlimited family members joining former illegal aliens in the U.S.

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prioritydate

12-20 08:59 PM

That's just another proof. A person who accumulated more than 180 days of unlawful presense is inadmissible into the US (at least for 3 years).


Wow! I would have gotten a shock of my life!!

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xyz2005

07-18 09:43 AM

What is meant by "Rejected" here?

-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

I contacted my attorney but so far no reply. Will update all of you.

I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks

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ramus

07-03 08:41 PM

Thanks for your contribution..


In all 400$ to date.

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niklshah

09-10 02:37 PM

can some one pls post the link for live telecast

thanks

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keshtwo

07-09 04:46 PM

what made you think so ?Do you think they are violating the law and allocating more than 7% to other countries?


Spillover means India, china and mexico get more than 7% for one year, dont it?

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dummgelauft

08-21 09:28 AM

You are an illegal. Go back to Canada, and try properly.

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03-07 06:31 PM

sry guys, i have to pull out. I have a big essay that has been assigned and i cant spend the time needed to make a good entry. sry!

i'll make one later and just post it in showcase :)

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optimist578

01-31 01:44 PM

If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?

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mbawa2574

07-02 05:20 PM

$100
Google Order #562171840098049

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zuhail

03-10 01:25 PM

I disagree that this is not the right time for visa recapturing. It will be never be the right time.
Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.

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grinch

03-02 06:24 PM

Noooooooooooooooooo!!! gah thats two ppl who dropped out... aw

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delhiguy

07-09 04:08 PM

If the class is certified, we may want to join that class rather than have separate lawsuits.

Yes , we are in that class.

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BharatPremi

03-12 12:02 PM

I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving

Yes, I believe, most companies (new employers - mid level) would not even ask and if requested and you can not provide then generally they may not make a big deal but underlying result for asking is to check if financial strength is "Good" and I-140 is approved then no problem hiring an EAD holder.

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arvindkappula

01-19 12:19 AM

Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -

I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.

Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.

Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?

The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).

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vin

06-13 11:21 AM

thought that the video was quite funny. Now for some one to think that it is true is even more funny

LOL true. I think the clip must've been made for comedy central.

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alterego

09-17 10:37 PM

This is no doubt a bad time for the US economy. However the world is not going to collapse. We will nearly certainly see a recession. Outside chance of a depression. The credit markets are frozen, confidence has been shaken, housing is searching for a bottom, unemployment has ticked up a percentage point so far, and the stock market is down about 20%.

However, put that in the context of the great depression in the late 20s and into the early 30s. 25% unemployment, Widespread bank failures with no FDIC insurance, Many companies collapsed and people lost their life savings just by keeping it in the bank, Stock markets down by nearly 90%, people died of starvation! Yeah those things happened in this country. In fact, many observers attribute that experience for the extremely frugal nature of the elderly in this country, the so called great generation. Perhaps this will change current US attitudes away from consumption and toward savings. Perhaps entitlement reform will be fast tracked. We shall see.

Things are bad. Structural changes are needed. The war must be ended and the resources redirected. Americans also need to adjust to the new realities in a globalizing world some of which are not particularly appealing.
However also remember, the US has many geo-political advantages, control of a massive amount of natural resources, still the best R&D, an advanced industrial base, well developed infrastructure, and despite the current wall street mess no currency seems imminently capable of replacing the US dollar as the global reserve currency (hence giving the Federal reserve the enormous power of the printing press). Note that not a single currency has appreciated more than 5% viz a vie during this crisis. In fact Gold has outperformed all! Quite simply noone believes another economy is ready at this time.

Hopefully the job market will not get too messy. The market will bottom in the next 6 months or so, once their is a complete clean out of the balance sheets. We are probably past the half way point in this. Exactly when it ends noone knows however.

If you have savings consider putting it in blue chip consumer staples, when you feel there is a bottom in stocks. Diversify internationally, Consider letting your wife go on a gold buying binge............:).

Quit worrying, this too shall pass. This downturn will be longer than recent ones however. Might be measured in terms of a few years rather than months.

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StarSun

02-18 11:04 AM

Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com

Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.

Thank you.

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vijayassr

08-05 08:53 PM

Hi, Looks like you have a propabilities now.

1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).

Good thing u can stay in country and work for B.

2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.

Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.

3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.

4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.

Hope the above things help.

Thanks
Vijay

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harish

04-24 10:07 AM

Congrats Googler!

I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

EB2, NSC PD 10/02
I-485 RD - 02/2007
Approval Notice - April 23'08

Congratulations and enjoy the green!

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ItIsNotFunny

10-17 02:38 PM

What did we achieve? Didn't come out with common agenda!

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sunty

11-10 11:27 PM

vin13,

I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.

I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.

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Macaca

01-26 08:29 AM

Finally, I understood the purpose of this forum. No, the title is not wrong.

I understand that you are

1. explaining retrogression, and
2. predicting time it will take a person to get GC.

The above are based on
1. applications with USCIS, and
2. USCIS policy to approve GC.

If this is true, it is the first good idea I have seen here. Alisa for president! (Arnold, California Gov, is working on changing rules for naturalized citizens).

I have the following suggestions. I will help after I read everything. Give me some time.

1. Indians are over-represented in IV. Consider the case of a country that is doing better and mention countries that are worst.

2. Write a short paragraph that goes in IV email sales pitch. This has a URL to this complete report.

3. This complete report has URL to USCIS data.

4. We work on similar report (with URLs) on lobbying effort and funding level of anti-immigration organizations.

USCIS numbers and rules are not the only factors against us. The anti-immigrants are a much bigger factor.

5. IV email sales pitch has a para with URL on
a. explaining retrogression (this report).
b. lobbying effort and funding level of opponents (next report).
c. IV's experience with legislation.
d. BEGing for contributions.

6. KISS principle baby: Keep It Simple, Stupid. Too much gymnastics in IV writeups.

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GCard_Dream

12-13 01:18 PM

I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.

Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.

If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.

We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.



All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

Hope this explains this topic. Thanks

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senthil1

06-12 02:29 PM

It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill

So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?

all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.

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kartikiran

08-21 09:48 AM

welcome to the world of dealing with USCIS

I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
.
.
.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?

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eastindia

08-11 02:57 PM

Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)

See their board and IV name is in it

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dagabaaj

09-28 04:39 PM

Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.

The point here is that, is the EU a greener pasture than the US?
IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.

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vandanaverdia

09-11 12:45 PM

This aint my fight... This aint your fight..
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...

There are miles to go before I sleep.....

---

vagish

04-04 03:31 PM

Solution is :

1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..


If only i was president !! :)..
keep dreaming ,
1) H1B based on market ( will never happen ) , how ever hiking it to some
rational number like 100K to 130K is a good possibility.

2) reform GC process so that after working for 5 years, with one company
one should be able to get green card without delay, this would be more
meanigful as it will demonstrate that the poners really has a full time job
as oppose to somebody just buying green card without ever
working for a company.

thanks

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I went to some half-assed club and got threaten by some 15 years old guy who wanna find trouble cuz he dislikes the way i was dancing in the club!!!

Luckily, my other fren knew some guys from his gang, so everything’s cool…

also, i see young girls/boys like 11-12 years old who start smoking, drinking. getting tattoos and stuff, acting like bigshots(like as if they are the mafia boss)! I wish the REAL Yakuza or Mafia would come and kick their arrogant a** or something…

also many gals in my school got pregnant at 14-17 and had to get married..

Will the society collasp under the hands of our future youth? Very likely i guess…

Well, if your idea of a fun night is hanging out at half-assed clubs, I guess that’s what you get.

I have no idea of where you live, but aren’t there any PARENTS in charge anymore?

Hate to sound like an old person, but things weren’t that bad when I was a teen. Kids nowadays!