Tuesday, June 28, 2011

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  • eb3India
    04-20 03:31 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.

    I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).

    I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,

    I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)




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  • anzerraja
    07-19 08:18 PM
    Thanks !

    Very much. We only need 640 guys like you to step forward and get this done.
    $101 from me




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  • tonyHK12
    02-01 02:38 PM
    Donated $100 for the event.

    Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.

    Total Contribution: $600
    Amount to be raised: 50,000 - 600 = $49,400




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  • GCNaseeb
    08-30 09:37 PM
    Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.

    :D:D:D:D:D:D:D

    Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?



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  • karthkc
    04-20 10:24 PM
    hi guyz,

    Here u go. The company name is 3i Infotech Inc. based in NJ.

    Googling the company name brings up some interesting information. The company seems to be well-established and looks like it has some ties to the federal government in terms of clientele..

    I would assess the situation carefully and come up with a strategy before you take further steps...




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  • immi_twinges
    07-10 08:14 AM
    some suggestions on the content that we should put on the banners for the San

    Some Quotes from famous people which might help in the rally:

    There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist

    We can add some thing personal below the above statement on the pamphlets

    Everywhere immigrants have enriched and strengthened the fabric of American life.
    --John F. Kennedy
    PS: So Let it be ….




    America was and is the immigrant's dream.
    Don DeLillo
    PS: Do not smash it by the incompetent immigration services

    Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
    Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
    ps:....


    The divide of race has been America’s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
    If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
    …. hehehe my quotation



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  • GCwaitforever
    12-12 05:38 PM
    I have an American Lead who interviewed this indian guy over the telephone and he did appear very smart, but when he joined our company he was plain dumb and didnt know anything. Apparently somebody else attended his telephone interview. Talk about breaking FAITH i have built all these years. He doesnt trust Indians anymore. Who is to be blamed here???

    Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

    I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

    I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

    My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

    My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

    Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

    I am expecting my Greencard petition to arrive only in another four years.

    Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

    I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

    Some of the key provisions which would need your support are ...

    1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

    2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

    3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

    4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

    5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

    Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.




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  • simple1
    05-04 07:38 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.

    To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.



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  • map_boiler
    08-12 12:56 PM
    did you move within the same city, or was this an out of state move?

    - if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails

    - check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)

    - your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.

    - if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.

    - can also consider getting I-551 stamp from local uscis office

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Filing Fee if you are filing because:
    • You never received your Permanent Resident Card; or
    • Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
    Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0

    If you are filing because your card was never received

    • If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
    • It has been returned to USCIS by the Post Office as undeliverable; and
    • You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;

    My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
    They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.




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  • bomber
    07-20 12:22 PM
    There are still many out there who are happily enjoying the fruits of Aman's and other core members' hard work without even knowing what they did for us. For them it's just something that happened on its own. I joined in June and became a contributing member when I came to know the efforts being put in by core. I know for some people shelling out $100 is a big deal, particularly AFTER the victory in this first fight, but guys, think if you were made to wait for 3-4 more years before you were allowed to apply. Your spouses can work now and make more money for your household.
    I pledge another $200 for IV once my wife starts working - This is apart from regular contributions that I will make.



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  • immigrationaccount
    08-28 06:19 PM
    For those who got approvals,

    Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?

    I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.

    I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.

    Thank you.




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  • chi_shark
    07-10 11:28 AM
    so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

    looks like this case actually tells me that maybe we could do self-employment easily...

    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document
    .



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  • obviously
    07-09 05:06 PM
    Please re-use... there are over 8 flyers READY TO USE in .pdf format !!!!

    http://immigrationvoice.org/forum/showthread.php?t=3361

    Good luck!




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  • sanhari
    07-26 09:43 AM
    GCperm, Thank you for your inputs.
    I actually got this input of contacting congressman to implement this change, from USCIS only(their blog). I will also contact the ones mentioned in your posting. I also request all EB folks affected by this spillover usage not based on priority date, to contact them in addition to their local congressman. Let's not leave any stone unturned to make this happen, to help us all out. If this happens soon to create an impact, we may see some light in the upcoming bulletins. So all of you please do your part to contact them today(if not done already), I am on it now.

    Sanhari,

    If we go with your feeling, and run the Campaign right way then following is summary.

    1) What you mentioned was there is no need to Legislative change for your solution only Interpretation of INA need to be changed challenged.
    2) EB3 Folks want only on using Fall Across / Down /UP visa's to be allocated based on PD, rather then category.
    3) Removing Country quota will need legislative change and EB3 folks don't want to take it on hand at this time.
    4) You and EB3 folks are good with division created by this Campaign.

    Now, If above summary is true then You need to be doing following,
    1) READ INA and Find where is violation or Incorrect interpretation in Applying VISA to EB2.
    2) You need to be contacting DOS - Mr. Charles Oppenheim / Hillary Clinton their 2007 interpretation of Applying VISA to EB2.
    3) You need to be contacting DOS Liaison to Challenge their 2007 interpretation of Applying VISA to EB2.
    4) If EB3 Guys are confident of incorrect INA interpretation, collect Money and Prepare for Law-Suit if needed.
    5) As there is no Legislative changes needed, there is no need to contact Law makers (Senators, House members).
    6) There is no Process improvements so no need to reach out to USCIS ombudsman.
    7) Its About VISA allocation by DOS, so contacting USCIS won't help either.



    Now Contacts for DOS,

    Followings are Contact Information for DOS Liaison,

    Palma R. Yanni (dl), DOS Liaison Committee Chair, AILA Past President, Washington, DC Contact Information (http://www.palma-yanni.com/contact.htm)

    Jerome G. Grzeca, DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI http://www.grzecalaw.com/contact_us.cfm


    Following is the Link to Send email/Questions to Department of State.

    Contact Us at the U.S. State Department (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=4Eiijc*j&p_accessibility=0&p_redirect=&p_lva=264&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTYsMTE2JnBfcHJvZHM9JnBfY2F0cz0mcF9wdj0 mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ub CZwX3BhZ2U9MQ)


    Following is the Contact information for DOS

    http://www.state.gov/documents/organization/111781.pdf

    Oppenheim, Charles W. CA/VO/F/IV L415(CHIEF SA-1 (202) 663-1087


    Good Luck and God Bless.



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  • sam2006
    07-19 07:53 PM
    Try to make the Post Sticky




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  • lost_in_migration
    05-01 05:31 PM
    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

    From the text highlighted above can we infer that EB principal applicant's PD will be applied to EB dependent (irrespective of whether the visa number is taken from EB or FB) ?

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
    203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP



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  • SunnySurya
    08-18 01:51 PM
    Now again any volunteers for the letter we have been talking about?




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  • trueguy
    07-28 10:48 AM
    This thread was opened for working on Action Item. EB2-I community is giving all stupid reasons to divert us from our Action Item. Please stay focused and lets work on Action Items.

    We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.

    Thanks.




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  • arunkotte
    07-02 09:53 AM
    all USPS shipped Guys
    Any idea, can we get information any info from the USPS of Lincoln, NE when would they deliver our packages ?


    They say this " Information, if available, is updated every evening." I guess we have to wait till the update to know when it was delivered.




    sury
    11-21 10:31 AM
    I am shocked to see this thread. All my prayers are with you and your family. As other members suggested, I strongly recommend you to do PRANAYAMA everyday. If possible try to consult any Yoga Teacher.

    W.r.t to your question I recommend to you talk to attorney.




    h1techSlave
    03-10 05:56 PM
    "There goes my people, I must follow them."

    I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.



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