Wednesday, August 10, 2011

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  • thomachan72
    05-26 05:00 PM
    The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.

    This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
    I completely agree. This is supposed to be the most advance nation on earth. If we show the drivers lisense and give them the social security number, shouldn't they be able to see whether we are legal or not? Carrying the I-94 is a possibility but it is not a picture ID. I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time. I understand such requirements for B1/B2 who dont establish residence and are either in a hotel / somebody elses apartment. The bottom line is, "times are bad and they are looking for somebody to direct all their anger and unfortunately it is us that they have chosen". I still dont understand the logic behind this. Americans hate people comming here to work but appreciate people staying in their own country and producing cheap goods to be marketted here. There is also this quite ridiculous situation with the drivers lisense, right? most states we have to retake the whole damn test, yes computer and the acutal driving test, each year when we renew the H1b!! Interesting way the past immigrants treat the future immigrants!!





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  • ZigZag
    07-12 05:51 PM
    Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!

    That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
    Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.





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  • pappu
    02-04 02:27 PM
    Some questions to those who are supporting country cap.

    Why not put a country cap on foreign students� visas since many of them get into the green card line eventually?
    Why not put a country cap on H1B visas since many of them get into the green card line eventually?
    Why not put a country cap on labor certifications?
    Why not put a country cap on I-140s?
    Why not impose a country cap at the port of entry?
    Why not put a country cap on visitors� visas?
    Why not put a country cap on business visas?
    Why not put a country cap on US trade with other countries?
    Why not put a country cap on amount of US $ reserves that each country can have?
    Why not put a country cap on children that foreigners in the US can bear?
    Why not put a country cap on the foreigners� earnings in the US?
    .
    .
    .
    And the list can go on.

    Putting country cap on greens cards serves a hidden racist agenda of not letting the people of one particular ethnic group grow in number and become strong.

    Big question:

    Why not put a country cap on the CIR for all undocumented?
    What are the reasons for not doing that?

    Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?





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  • calgirl
    07-20 02:33 PM
    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.

    Thanks.



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  • GeetaRam
    07-29 12:53 PM
    Add CareFirst - Blue Cross Blue Shield
    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...





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  • desi3933
    01-30 02:43 PM
    I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.

    Please comment.

    You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.

    Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • kishdam
    02-20 03:28 PM
    Thats a slight good news (in the current bad news or no news era regarding legal immigration) - hopefully there are are enough EB1 spillover visas to move EB2 by a few months each quarter.





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  • Ramba
    07-09 07:44 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.

    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...



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  • vin
    06-12 03:02 PM
    http://www.latimes.com/news/nationworld/nation/la-na-immig13jun13,1,432583.story?coll=la-headlines-nation



    There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.

    McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.





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  • feedfront
    10-07 02:53 PM
    My packet delivered to mailroom today morning at 9:07 by UPS. And just now at 2:48 got page and checked online status and its says they issued RFE again?

    �On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�

    Not sure whether it�s their system glitch or it�s my luck... :confused:

    Is it happen to anyone else or it�s me?

    I hope it is just system/human glitch.



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  • ak27
    01-22 11:01 AM
    Hello Indirant,

    Would you able to pick couple of initiatives mentioned on my post...

    and let me know your emailid, I will also add you to our google group





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  • BlueSunD
    03-10 07:36 PM
    Rendering..... the wait is killing me... :bounce: and I�m killing my cpu :P Hope I�ll still make it on time! :worried:

    Very cool image Grinch! Kinda reminds me Max Payne! (I love that game!)



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  • reddymjm
    09-09 01:50 PM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )

    If the fucking DOS/USCIS follow the same rules as they did for EB3, EB2 cannot be current (It can move till 2007 July) until last quarter of 2011 as the allotted quota is 3k for EB2 and there are 10k before Jan 1st 2007.

    With their regualr quota EB3 ROW should be current by last quarter of 2011, it cannot be current before that, same logic quota 42k , waiting 42k.

    Then in the last quarter of 2011 EB2 all Current, EB3 ROW current. THe new applications will take atleast 4 months to get processed. So if f** DOS/uscis does not want to waste visas they have to move EB3 I C M dates by atleast an year. So if alteast EB3 before 2004 may see some apporvals in the last quarter of next year. For any one after 2003 PD start Porting, waiting does not do any thing.

    THIS MAY HAPPEN IF THEY FOLLOW THE SAME RULES as they were following so far for moving EB3 dates. If they make EB2 current in the first half all EB3 is screwed with lubricants.

    For all those EB2 who preach EB3 that they are tracking LUD etc and not doing anything stop doing that.





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  • kutra
    07-21 10:03 AM
    once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.

    IMO a simple case would be someone who:
    - has never changed employers
    - was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
    - was never denied any application (change of status / entry to US)
    - has clear medical records
    - has clear documents related to birth certificate

    Complicated cases are when:
    - someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
    - some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.

    You are correct. Unfortuantely, they are not looking for these "ripe" or "low hanging fruits" cases in a FIFO order. It can be highly exasperating when a "ripe" case with a March 2006 PD gets approved when "ripe" cases with PDs earlier than 2003 are languishing! That really makes the whole system even more unjust.



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  • CADude
    07-23 11:17 PM
    is she using her own FAQ? USCIS FAQ has different question at Q9.

    So does my lawyer per the FAQ she sent earlier:

    Q9: My adjustment was already filed. Do I have to re-file now?

    A: No. If the adjustment was already filed, USCIS will retain and formally accept the filing.





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  • rajuseattle
    07-14 07:41 PM
    ajthakur,

    competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.

    If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.

    This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.

    Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.

    I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.

    Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.



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  • whitecollarslave
    01-18 01:36 PM
    Talking about ID cards, wouldn't a driver's license be a proof of legal stay? With the new rules they check for immigration status before issuing a drivers license. People who are tourists or visitors will not have a US state issued drivers license.

    In my case, my driver's license is valid till my H1 validity.





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  • GC9180
    01-17 06:54 PM
    xyzgc,

    "If he had lost his job, he wouldn't bull-shitting around like this on public forums."
    What he spoke was what one goes thru at that point of time, this happens to people who have lots of responsibility..maintain family, medical insurance, loans etc. If one has few $$millions$$ (i assume you have, as you assumed about him bull-shi**ing) then one does not worry about layoff or madoff..for the job was just a pass-time.

    "pretend to be shell-shocked" to accuse anybody without proof, in soft words you spoke lies about him, in hard words one can call you a liar.





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  • ajay
    11-10 05:20 PM
    I will send.





    bobzibub
    07-17 10:34 AM
    NUMBERS USA TAX SERVICES!!!!!!

    On an H1b? THEN PAY NO TAX!!!! WOOHOO!!!!!!!


    All their "research" is suspect, this is just the most obvious. I did start building spreadsheets to regress employment/unemployment numbers with each immigration law they cite. There was no significant correlation. I should really do that again and post it somewhere.... Gotta get some better regression software though. Work like this will point out that the king has no clothes.

    I'm ashamed to be a member of numbersUSA!!! :D

    Cheers,
    -b





    immigrant2007
    08-12 08:18 AM
    Hey Buddy,
    recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.

    Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!

    Thanks!

    I agree recapture will not impact jobs much. Becuase all of them are already on job....
    (atmost the jobs that spouses might take up after GC, but too will be minimum, anyone who wanted to work is already working on EADs of wahetvere is available to them)...
    I like your suggestion on donations ...We should aim of a chain reaction type of campaign for EB3



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