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  • nomi
    12-12 04:02 PM
    instead of sending emails and faxes which will likely get thrown out with yesterday's trash, how about a large group of us get together and schedule a meeting directly with DOL and USCIS officials?
    In person gets more attention. maybe we can even generate some press for this if it is a large enogh group


    I like you idea and I am with you. Would you please take a lead of this task or let me know what to do next ??

    thx.





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  • lazycis
    12-21 10:03 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.

    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

    http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf





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  • Hassan11
    07-17 02:31 PM
    let us keep fighting /exposing these liars.





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  • GreenLantern
    02-15 08:01 AM
    Give me a preview grinch. I would like to see how somebody else is going about this.



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  • monkeyman
    09-27 10:28 AM
    I have worked in France and Belgium for a little over an year and this is my personal experience - the work environment at that time 2000 - 01 was alright. However, I had to struggle with language barriers and worse of all - the keyboard barriers. The standards in IT industry were very very different and though it was an experience, the learning curve was huge. Personally, I would much rather prefer to be in US or better still in UAE I'd think.

    Next, I have been reading a lot about reverse brain drain - where families were going back home. I also heard about some site about return2India.com. And my brother took the step after pondering over it for an year - he had it all - GC, a family here, job at you know where in Seattle - and his experience has been an enlightment - he is now struggling with work life ratio - he spends most of the day/night at work and he has to pay bills at the bank and he has no clue what is going on at the school and somehow, his team in India thinks he is a smartass because he tries to apply certain standards (which ofcourse is normal here) and he speaks with an accent. And yes, if you studied here and lived for 10 years, you too will have the accent. But, he says he is very satisfied and happy to be there.And then he says, the pay scale is sufficient for him and his family to lead the Indian dream. We should have some way of commuicating with such expatriates too!!!





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  • BharatPremi
    03-17 01:35 PM
    As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....

    Read this story...

    http://immigrationvoice.org/forum/showthread.php?t=13810

    What are you talking about? I have seen people granted H1 and GC (Under EB2) not even with graduate degree.. It is all paperwork game.



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  • kumarc123
    03-12 02:11 PM
    You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.

    No one is accusing IV

    All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.

    However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.

    I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.

    I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.

    Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.


    Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.


    There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.


    Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.


    Thank you





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  • suriajay12
    05-11 09:42 AM
    Keep writing letter, regular mail etc to president, Ms. Joe etc...

    I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.

    But EB2 guys from much later date:
    If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...



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  • sajimm
    12-13 04:18 PM
    I'm getting confused on the date part after reading various posts.

    Is it mandatory to wait for 180 days after I140 to port your PD from an old I140 to a new I140(with a different company) ?

    To change jobs and continue the same GC process I believe one has to complete at-least 1180 days in I485 stage. However in this stage the new job title and responsibilities should be same

    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer





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  • h1techSlave
    03-17 01:55 PM
    People with PD having DEC 2003 and before will have fair chance as well.

    Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.



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  • paskal
    12-26 03:23 PM
    I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:

    1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
    appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
    I chose not to travel.

    2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.

    3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.

    4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....

    5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)

    6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....

    I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
    But i would love to have a green card as long as i'm here, life would just be easier...





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  • pappu
    01-10 12:48 PM
    Some people are already doing our job.
    http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
    This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.



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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351





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  • varshadas
    01-25 10:00 AM
    Date: Saturday, January 27, 2007
    Start Time: 10:00 AM Eastern Std Time
    End Time: 10:40 AM Eastern Std Time
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 34645


    Thanks,
    Varsha



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  • mayhemt
    08-02 06:20 PM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.

    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.

    It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.

    It is an unfortunate truth we all need to get accustomed to live with.
    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..





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  • ramus
    07-03 10:47 PM
    Do you know even to come to site and get some info also need money..

    Not to hurt you but just giving one small example of why we need money...




    That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.

    I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.

    Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.

    Thanks for this portal for everyone to get organized on immigration issues.

    Amar



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  • alex99
    04-03 12:56 PM
    please participate





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  • Dhundhun
    06-28 11:55 PM
    Thank you Dhundhun.

    For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.

    One of my friend's family got GC (friend's wife and son - approx 3 weeks after mail). But his medical records were lost in USCIS - got RFE to produce medical records. His GC got delayed by 6 months.

    So looking at the way things are going on, have patience - now it may take some time, but it will come.

    Just you have to see, what that RFE is for.





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  • Ramba
    02-21 03:00 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)


    Dont rely on tracitt. no one knows how many report there. It is not scientific or true. For right numbers, anlyse the DOS report for each year, if you hva more time.

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html





    retrohatao
    02-14 10:23 AM
    eb3_nepa,
    FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
    http://immigrationportal.com/showthread.php?t=174845
    It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.

    You will realize how big a problem when you reach there.

    Logiclife,
    This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.

    There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
    Good luck if you guys think it is a "sub issue"





    indianindian2006
    07-14 06:53 PM
    How can you say dates will become current when I send the response.

    As you said in your post earlier that your PD is Jan 2006 EB2 India which will be current in Aug-01 as per the latest VB.



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