Thursday, June 16, 2011

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  • immigrationmatters30
    09-19 02:06 PM
    Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.





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  • thomachan72
    07-05 02:45 PM
    Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.





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  • BharatPremi
    03-17 01:33 PM
    1) Labor Substitution
    2) Long EB3 queue and thus switching to EB2
    3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
    4) I-140 approval queue
    5) Name Check queue
    6) Bogus multiple filings filing (To take a chance people pursue multiple
    filings. This generally is done through desi
    companies. In general one valid filing and other
    is worked out for rainy days)
    7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
    husband as principal applicant and other is with Wife
    a principal applicant)
    8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current

    All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
    streams flourished out of frustration or manipulataive calculation to have security net.





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  • signifer123
    02-17 05:41 AM
    kirupa.com

    so!!!!!!!
    none of them is free???
    uhhh, look at the post in the very first part of the thread i set up this (%0Ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k



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  • illinois_alum
    08-02 10:28 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...

    GC is not a right. The corporations are completely within their rights to decide whether they want to sponsor someone's GC (and of course the big question being can they sponsor by following the due process if qualified citizens or existing perm residents are available for the job)





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  • kaisersose
    08-17 10:06 AM
    hi everyone,
    I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.

    I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
    I recently got a master's degree in another field, and my current job can hire me in a different position.

    Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?

    Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.

    Thanks.

    A1: If you have an approved I-140 for the earlier PD, the answer is yes.

    A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.



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  • dhesha
    03-16 03:06 PM
    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !

    Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.





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  • singhsa3
    03-04 10:58 AM
    Folks,
    I need some help from anyone willing.
    There are too many media and I can't cover them all.
    Please feel free to replace my name by yours and get the ball rolling.
    We won't know unless we try. Don't be discouraged by skeptics, they do serve a purpose by making us think from all angles.

    So please, if you can please this to local media and hope someone will take note of it.
    So far I have covered,
    WSJ
    CNN
    Foxnews
    Realtor
    Seeking Alpha
    Left voicemails for WSJ and Realtor



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  • eilsoe
    02-22 02:42 AM
    do we have a set date for the deadline? I haven't worked on my entry for the past... since I threw up that WIP, and I only have today and tomorrow to work on it.

    basically I'm just gonna throw in a train (if I can make one), and some more details... maybe some newspapers lying about... and stuff like that...





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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik



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  • ujjvalkoul
    03-07 03:24 PM
    at the time when the PD becomes current....and u have used AC21 and now work for new employer. how would the USCIS know. Only way for them to know if to ask for a Employment letter(w/Job Duties, salary etc) and if they notice its not the sponsoring empoyer, they will look at it more closely....By the time all this happens you could be into the next month when you PD could have retrogressed back to 1900 again.....so as I see it....unless USCIS approved GC first thing w/o asking for additional info...is the best case scenario....





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  • nixstor
    07-05 01:02 PM
    And there is nothing wrong with that, right, because in the end you do not know what the financial situation of people on here is. One guy suggested a monthly contribution of 20 bucks, I laughed myself off the chair when I saw that. You're right, this is about "how not to pay" and why shouldn't it be. I don't make a lot, the lawyer's sucking me dry (in more ways than one if it were up to him), I've been waiting for this for ever, I have a family to support, etc.


    Well, in the end you all do what you want, don't worry, be happy :D

    Financial situation of all the non paying members is so bad that they earn 55-60K on avg and beyond. They all have all the filmi difficulties we see every day. What more reasons do we need NOT to pay?



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  • HV000
    08-15 06:04 PM
    Unfortunately, China and ROW EB2 are 2 and 3 years ahead of INDIA EB2!!!
    Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.

    The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!





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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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  • ash123
    02-13 02:09 PM
    Can someone tell me how to close this thread.



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  • caydee
    04-23 12:55 PM
    Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.

    I had the same problem with phone numbers. About 8 numbers turned out to be incorrect. Update your profile, please. And if you do not want to be contacted by phone, please leave the phone # box in the profile blank.





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  • sen_raju
    09-19 10:39 AM
    Yes, I agree we should change the name to LegalImmigrationVoice. I feel a gr8 sense achievement and satisfaction that I was a part of the rally and was carrying Florida's flag.
    Yes we need to put the word LEGAL everywhere. Even at the airport and in the flight after looking at our T-shirts people were asking what we were demanding. It was not clear to them whether we are legal or illegal and so we had to explain them.
    Also we should not narrow it down to India and China only....May be in future it will be a good idea to check with the speakers what they are going to talk about.
    Overall it was a gr8 effort and hope we will have more turnout in the future.





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  • ak27
    02-08 08:00 PM
    Varsha,
    I can try to make it but I am not from his district..





    Life2Live
    07-09 04:05 PM
    Hatz off to that lady... Lot of us are still thinking to fill law-suit against USCIS/DOS.... We should act fast now and file law-suit rather than just waiting and discussing here. I felt bad some people even asked when will be outcome of that law-suit....That clearly tells you are going to wait till the out come of it and you will file law-suit....

    Weird........Weird...Weird





    stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.



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