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  • mallu
    02-15 02:08 PM
    Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.

    Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.





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  • nomi
    12-12 04:59 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?


    what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.

    What do you guys think ??





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  • logiclife
    12-20 07:24 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice

    You are mixing up a lot of things.

    Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.

    The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.

    If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.

    Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.

    So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.

    If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.

    REGARDING RESTAMPING H1 OVERSEAS:

    I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.

    I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.

    Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.





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  • rayoflight
    03-09 04:54 PM
    I just called my congressman office and explained the sitatuion. The aide asked me to call the legislative aide in the Capitol Hill to discuss about changes. She said the congressman understands the importance however the political fraternity is currently trying to resolve the financial crisis and Immigration Reform is the last thing on their mind.

    When I asked her honest opinion about visa numbers being released she did suggest that if you can join an immigration group with a good lobbying firm it can be a possibility that Congress can approve a 'piece-meal' bill releasing visa numbers by moving numbers from unused categories and/or unused from past years.

    Again the emphasis was "Group focusing on Legal Immigration with a good Lobbying Firm".

    Administrators, Senior Members and All:

    I think it is the time to plan something big as 'Saburi' mentioned and bring our issues to their attention.

    Please count me in for any rallies / organizing help.

    All IV members please weigh in your thoughts.

    Thanks,
    Rayoflight



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  • dotnetguru
    04-08 11:11 PM
    Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.

    You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?


    different lanes means like up to 5 to 20 lanes for only citizens and gc holders.there will be some space with the division with that belt u see in airports and then up to 5 to 20 lanes for visa holders.number of lanes differ based on the size of the airport.this is what i have seen in newark,ATL,PHI,CLT,MIA.now ur friends might be in corner lane and then there is space and then that visa holder who got sent back is also in corner lane to be able to hear if at all it is possible to hear.so now tell me which airports do not have separation like that. any one can pitch in.i could hardly hear the next person questions how come ur friend had heard in the above scenario.beats me...





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  • same_old_guy
    07-09 04:47 PM
    And we are not in deep shit right now ???? Where have you been all the time ?

    Why are you so scared ? Is it because you think USCIS wil do harm to you and others ? Well, what the hell it was doing while allocating all the quota in 15 days to avoid the rush ?

    I wish USCIS would get down on it's knee and issue an apologies to all those people it's screwed over !



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  • vsrinir
    11-11 04:47 PM
    Immigration Reform Rally Planned For January
    11/11/2008 2:57 PM ET
    TOP MARKET NEWS




    (RTTNews) - A coalition of immigrant advocacy organizations is planning a mass rally in Washington on the first full day of the Obama Administration to push for immigration reform.

    Hoping to draw tens of thousands of immigrants and supporters from around the country and around the region, coalition leaders said they would push the new Congress and administration for "just" and "humane" reform of the nation's immigration laws.

    "We are looking for humane immigration reform … less punitive laws," said Jessica Alvarez, co-chairwoman of the National Capital Immigrant Coalition.

    Alvarez said the coalition is hoping to build on the electoral efforts of the immigrant community, noting that the Latino vote was up 30 percent this year from the 2004 presidential election.

    "The immigrant community has embraced the spirit of hope and democracy surrounding this historic election," Alvarez said. "We helped them get here. We also need our issues addressed."

    Speaking with RTTNews after a press conference to announce the rally, Alvarez conceded that immigration reform has been a "thorny" issue that could be difficult for the Obama Administration to tackle early on.

    However, she argued that immigration issues are central to the country's economic recovery.

    "The economy's priorities are around families, around jobs, around the welfare of our communities," Alvarez said. "That's exactly what immigration reform will bring to our communities."

    She added, "Immigration reform will bring a clear picture for our economy."

    In addition to a less punitive attitude for those who have entered the country illegally, the coalition is also seeking stricter enforcement of labor laws to reduce incentives for employers to exploit immigrants, said Angelica Salas of the Fair Immigration Reform Movement.

    "We want more enforcement of labor laws. That way you take away the advantage of unscrupulous employers and put everybody on a level playing field," she said.

    by RTT Staff Writer



    http://www.rttnews.com/Content/PoliticalNews.aspx?Node=B1&Id=772155





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  • nomi
    12-12 10:38 AM
    We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.

    The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.


    Well... then I should not drop my Candian Immigration.



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  • delhirocks
    07-01 10:16 PM
    I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.

    Well...I guess its a good sign if thats what happening...





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  • nitkad
    03-19 12:09 AM
    Agreed.

    :D



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  • User00
    06-22 12:54 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    PLease advise.
    Thanks





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  • vandanaverdia
    09-11 04:19 PM
    bump



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  • reddymjm
    10-16 01:36 PM
    Please work on the IV approved action items before working on these.
    http://immigrationvoice.org/forum/showthread.php?t=22037
    http://immigrationvoice.org/forum/showthread.php?t=18955





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  • vghc
    07-03 11:23 AM
    The point is to not 'distribute pain', it is to reduce the pain of a group.

    Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.

    So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.

    Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!

    I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.



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  • akred
    02-21 10:58 AM
    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks

    1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.

    2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.

    3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.





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  • americandesi
    12-20 04:30 PM
    Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?

    Are you sure about this? Refer the following thread

    http://immigrationvoice.org/forum/showthread.php?t=6205



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  • thesparky007
    03-08 05:06 PM
    Hi Sparky! Well a quick google search turned some results, hope you find them usefull,

    Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/

    These seem nice, some of the basics of modeling are shown:
    http://www.vrotvrot.com/xoom/tutorials.html

    And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
    http://www.blender3d.org/Education/index_old.php?sub=

    and another one... almost the same
    http://www.blender3d.org/cms/Using_Blender.80.0.html
    thx man!
    the 2nd one was really helpful, i ll go home and make them...
    once again thank you bluesun





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  • indio0617
    11-20 09:20 AM
    Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this position......so there is nothing like missing the opportunity....!!!!


    VERY TRUE...





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  • NKR
    03-10 10:09 AM
    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases… Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.





    eb3India
    06-12 08:08 AM
    Pitha (shree)

    if you read previous discussion and particulary logiclife post, you will find, any immigration reform bill will not be discussed let alone passed until it resolves illegal immigration issue

    gone are the days where h1b increase use to be part of some budget bill.

    you just can't do that any more

    only chance SKILL has is thru CIR or other forum where it address illegal issue,

    my point is we don't need any legislative change at this point,

    IV is for legals who are already here legally and our demands are very simple, such as if they allow use to file I485 with being current and if they use unused visa numbers and allocate them to over subscribed countries our life will be lot better,

    we need to rethink our stratergy and stop knocking these law makers, who cares only about illegals, either they are against them or far them, but they just don't really care about legals





    kvrr
    01-16 05:42 AM
    Signed up for $100/month recurring payment. Thanks for setting this up.



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