Tuesday, June 28, 2011

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  • Macaca
    07-09 05:07 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates�(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I�485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101�238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.

    Please post URL of this and others. Thanks!




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  • thomachan72
    02-01 12:59 PM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!
    I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
    Wondering how they would adjust to the tests, languages, discipline etc etc




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  • chmur
    07-28 12:23 AM
    I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.

    In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.

    Lets not swear by capitalism but selectively resort to socialism.

    Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .

    is there anything that says that distribution further has to be done in a particular way ??

    I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.

    In that light every comment about EB*->EB? , failing smell tests are speculative at best.

    You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.




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  • Lisap
    09-03 01:28 PM
    It is possible that check depositing staff also has there own back log. Once, application and checks are accepted, EAD can be issued, but check depositing staff may be slow in their work.

    I hope that is the case. I just checked my account and still the checks have not been cashed..... I will keep you posted if there is any change



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  • ganguteli
    03-10 03:26 PM
    Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.

    Senthil, I agree with you for once.
    However some people are too bent on doing this campaign that they forget the realities. Maybe they are having a secure jobs and have EADs. So they have nothing to lose. For people on H1B any wrong step will cause government to shut down the entire immigration or punish immigrants. They did it with TARP and now they will do it in every industry if we do not understand. The newspaper headline will be H1B Indians immigrants asking for greencards after taking American jobs. Like it or not, but this is how antis will show us and all Americans and lawmakers who are sympathetic towards us till now will support antis due to bad economy and for the need of Citizens to stick together in bad times. You have also made this issue of Indians and that is a big no no. Indians now getting a bad name and have become notorious and if you highlight 'Indians' then you are in for a failure. So any campaign should be about all immigrants and not just Indians. Indian Immigrants are having a bad reputation in IT circles these days.

    Guys do you know that economy is going from recession to depression? I read somewhere that in the last depression they shut down immigration. So let us not do anything that will be hard on H1Bs just because you have a secure EAD cards.




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  • h1techSlave
    05-01 09:43 AM
    One of my friends was a plaintiff in the lawsuit that you mention. As you mention, USCIS quickly approved all cases. So didn't the plaintiffs won the case?

    I hope our potential lawsuit will have a similar effect. We file a lawsuit saying we are discriminated based on country of birth. USCIS opposes the lawsuit, but quickly approves all our 485s. We both win in that situation.

    I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.



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  • caprianurag
    08-27 05:00 PM
    Applied on Aug 9th for i-140, i485 and EAD.
    No reciepts yet




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  • Lasantha
    02-05 10:30 AM
    I only took Bank Statements. In my case they did not even ask to see those.

    As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?

    Thanks.



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  • feedfront
    08-26 02:48 PM
    Do you have Pritority Date written on your I-485's notice of action? It's blank for me.




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  • logiclife
    07-06 06:39 PM
    Bay area residents:

    Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.

    People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.

    But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).

    Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.

    Let's do this.



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  • HumHongeKamiyab
    12-13 03:03 PM
    Do we have anyone here who opened a SR for FP and has received FP notice ? Does it really help if you open SR for FP?

    Thanks




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  • makemygc
    08-01 04:52 PM
    My friends check encashed today from TSC. His Attorney send application (6/20) to NSC and received there on 6/21.

    So long way to go... I am not sure next weekend estimate will also hold good for July 2nd filer. :) Don't kill yourself and it will not make it faster.:D :D :D

    Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
    If it goes like this, it will take a century to get EAD and AP itself.

    Just venting out my frustration...:mad:



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  • intheyan
    08-12 02:01 PM
    What does ADIT processing means any idea is that we need to go to local USCIS office for the interview?

    Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I posted it in a new thread but it is not appearing in the home page links




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  • desi3933
    06-26 02:55 PM
    Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose

    >> you have nothing to loose

    How can you say that? Do you EVEN know what are you saying?

    I suggest you talk to lawyer before losing "something".



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  • mirage
    03-07 10:23 AM
    Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..

    Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
    Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).


    Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.

    Even though we are far from Citizenship test, I know there are 3 branches of government,
    Judicial, Legislative and Executive.

    We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.




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  • sss9i
    08-30 11:07 AM
    You are correct, NOT seeing main page.
    Everytime we need to look at page 92.
    IT people can create subaccount in Main page.
    Thanks.

    That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.



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  • conchshell
    07-11 11:30 AM
    Guys thanks for your appriciation on my recent blog "Power Behind A Flower". Please note that the reason behind this writing is to help our movement and encourage people to fight against injustice. Now the question is what's next??

    With a successful flower campaign to USCIS, we must draw our conclusions from this success, and use the outcome to make the San Jose rally a success.

    Please note that legal immigrants is a small handful set of people. Just a usual rally/demonstration will not make a dramatic impact. We have learned from the flower campaign that if we use innovative-peaceful ways of demonstrations, and manage Public Relations and Media well, we can be successful once again.

    Please think and try to come up with some ideas. I have come up with these four ideas:

    1. Project Martin Luther King Jr. as our hero in these rallies: Please understand that local Amrican people better understand about Martin Luther King Jr. andhis idealogy then M.K. Gandhi. My suggestion is that we should include large picture posters of Martin Luther King Jr. with a slogan "We legals too have a dream". We should also take Gandhi's posters. There is a possibility that all Black American organization may lend their support to us.

    2. An act that attracts media attention: Please remember the scene from Gandhi movie when protesters led by Gandhi peacefully burned their resident permits in South Africa. To do something similar and show our symbolic protest against USCIS, we can publically burn a Photocopy of our H1B approvals (I-797). Please note that we are not asking people to burn the original I-797 approval but a photocopy of the document. This will send a message that taking the great pain in obtaining these legal documents are not helping us getting a better treatment by USCIS. This act will perfectly portrey the pain of legal immigrants and once again will attract media and newsprint to keeps us in headlines. This should be part of our demonstrations.

    3. Waive American Flags: Please understand that recent media reports that only Indians are responsible for the flower campaign may hurt the campaign in the longer term. Please waive small American flags and show our solidarity with local Americans.

    4. Distrubute a flower with a pamphlet to the people passing by at the demonstration site. A well worded paper will be required that can project our problems to the people.

    Please share if you come up with innovative ideas to make these rallies a huge success.




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  • insbaby
    09-23 04:03 PM
    * is expected to move very slightly forward
    * are expected to move slowly
    * is expected to move very slowly
    * is expected to remain unchanged
    * to move very slowly forward

    I love english. You can say the same thing in 10 different ways without hurting others.

    -- He could have done it with just two words as "Forget it" and closed the meeting.




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  • akhilmahajan
    04-08 12:12 PM
    I did my landing this weekend.
    Every thing went smooth both on US and Canadian side.

    I was not asked any questions.
    Just wanted to let everyone know.




    zoooom
    07-20 12:02 PM
    Thanks Zooom, for starting this thread. I've mentioned about IV Core's selfless service in our 'Thanks' thread couple of days ago but didn't know about the magnitude. $64k is helluva money and its just not right coming from one pocket to favor thousands of others. Aman and other core, day by day you raise above and beyond our imaginations as a leader and guide. We assure you that you will not pay another single dime from your pocket.

    I pledge $100 to Reimburse the core team now and more later.
    And I am sure with the kind of response we have been getting it won't be hard to raise a significant amount....




    caydee
    05-23 07:25 PM
    I like this as it gives a personal touch.

    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years � 2.2 million a year � to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor�s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    David Chappel



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