nk2006
02-19 03:07 PM
I dont think this bill will survive in house - any bill with a set number of years residence as the only condition will raise the cries of amnesty and can get killed. In the current economic conditions, not sure if Obama administration will take any agressive steps to fix immigration issue - unfortunately they have far more urgent issues at hand. A bipartisan support could have made it possible but any bill which can be interpreted as 'amnesty' will sure raise emotions.
Having said that - it seems useful (irrespective of if illegals will also get benefited or only legals get benefits) for us - any bill that can potentially take thousands of people from the waiting list can also benefit people with <5 years anyways - so it should benefit everyone. Hell....even if there is a bill that grants greencards after 10 years of legal residence - I am sure it will ease the retrogession a lot (from all the stories in IV, I am sure there are quite a few still waiting after 10 years of legal residence). Whether such bill can be passed in the near future (in 2009) is another matter and I highly doubt it.
Having said that - it seems useful (irrespective of if illegals will also get benefited or only legals get benefits) for us - any bill that can potentially take thousands of people from the waiting list can also benefit people with <5 years anyways - so it should benefit everyone. Hell....even if there is a bill that grants greencards after 10 years of legal residence - I am sure it will ease the retrogession a lot (from all the stories in IV, I am sure there are quite a few still waiting after 10 years of legal residence). Whether such bill can be passed in the near future (in 2009) is another matter and I highly doubt it.
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go_gc_way
12-29 11:32 AM
Whatever you guys are doing ... its working.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
Thanks logiclife.
I AM SURE , ALL MEMBERS REALIZE THEY HAVE A REASON TO VISIT IMMIGRATIONVOICE.COM AND KNOW EVERY ONE'S CONTRIBUTION IS NEEDED FOR US TO MOVE ALONG , AND WE NEED IT SOON.
ALL TOGETHER CAN WORK MAGICS.
We are seeing higher than usual new registrations on this website in the past week.
Thank you all for posting about Immigration Voice everywhere else.
Thanks logiclife.
I AM SURE , ALL MEMBERS REALIZE THEY HAVE A REASON TO VISIT IMMIGRATIONVOICE.COM AND KNOW EVERY ONE'S CONTRIBUTION IS NEEDED FOR US TO MOVE ALONG , AND WE NEED IT SOON.
ALL TOGETHER CAN WORK MAGICS.
amslonewolf
10-15 08:56 PM
I am all set, just need to drop it in the mailbox..
This is the easiest campaign and hardly takes more than a couple of minutes..
Just do it..
This is the easiest campaign and hardly takes more than a couple of minutes..
Just do it..
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bobbydalal
08-21 04:32 PM
luvchoclates ,
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
more...
kalyan_c
03-25 09:11 PM
is anyone from NJ? I am looking for accommodation in DC for sunday and monday, it would be great if someone can host me or if anyone is willing to share a hotel room
greenguru
12-10 02:16 PM
He got his GC.. i will not expect him here.. we need one more VLDrao
more...
amsgc
12-21 10:35 PM
Lazycis,
For academic info:
You mentioned that 245(k) allows up to 180 "out of status". Does it also cover "unlawful presence"? If not, then what does?
I am getting a bit confused by the terminlogy. I understand that "out of status" impiles: Your I-94 has not expired, but you have violated the terms under which you were admitted.
And "unlawful presence" means you overstayed your I-94, or sneaked in.
Is this correct? Please clarify.
Thanks,
Ams
For academic info:
You mentioned that 245(k) allows up to 180 "out of status". Does it also cover "unlawful presence"? If not, then what does?
I am getting a bit confused by the terminlogy. I understand that "out of status" impiles: Your I-94 has not expired, but you have violated the terms under which you were admitted.
And "unlawful presence" means you overstayed your I-94, or sneaked in.
Is this correct? Please clarify.
Thanks,
Ams
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pv2715
07-13 10:24 AM
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Yagw,
I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Yagw,
I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.
more...
nlssubbu
09-24 01:55 PM
check with your attorney if a birth certificate issued by the consulate is ok
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
They provide it based on the passport - and then you may attach an affidavit
I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.
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Jaime
09-11 01:12 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.....Well said! This is OUR fight! Let's go guys! EVERYONE TO DC!!!!
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.....Well said! This is OUR fight! Let's go guys! EVERYONE TO DC!!!!
more...
kaisersose
02-21 04:19 PM
Thats true. There will be supply of more 485s to the pool but that will be from EB1 and EB2 row which are always current. I guess you could reduce the 140k/year based on those numbers but since these cats are always current does it suggest there is not much demand?
Yes. Current means Supply is more than Demand.
Yes. Current means Supply is more than Demand.
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sanju
09-11 12:05 PM
wow..they resume discussions on sept 18th?
There is a slight correction, they will resume 4 hours break time on sept 18th.
There is a slight correction, they will resume 4 hours break time on sept 18th.
more...
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sledge_hammer
10-20 10:01 AM
Thanks gclabor07!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
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downthedrain
02-03 01:21 PM
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi3933, Sorry I am a little confused, I have been working for the same company for last 8 years and I am continuing with them. I substituted on another approved labor when filing I140 from the same company. So there is no future job for me, it is the current job.
Thanks for your advise again
more...
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rajuram
10-25 09:38 PM
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
vomited us out between Jan 2007 to September 07.
Lets get for another round of rotting
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AirWaterandGC
07-15 03:39 PM
Talk to an attorney soon then.
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
more...
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geesee
01-16 05:18 PM
...
For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
...
Good one :)
I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...
For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
...
Good one :)
I can certainly feel the tension that you shared in your story... recently we had few layoffs in our group...and i had to go thro the same.. more than GC, these days i am really waiting for some improvement in overall market...
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new2gc
03-10 11:40 PM
You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.
yes, on CNN, Anericanworkforce.org are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:
yes, on CNN, Anericanworkforce.org are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:
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svr_76
02-19 01:28 PM
When/(and IF) this bill is passed....DHS/USCIS will be flooded with 12 million (some say 20 million) + all of the EB & FB applicant already in process.
So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)
So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)
ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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