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  • neoneo
    09-26 09:31 PM
    ---
    Hi,

    Thanks for your feedback:
    "I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

    Your comment doesn't make sense to me. Please explain.

    The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.

    It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.

    From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.





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  • logiclife
    12-20 07:55 PM
    <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.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien's admission.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.





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  • varshadas
    12-01 10:50 PM
    Lets schedule a conference call this Tuesday, that is, 12/05/2006 at Noon EDT. Let me know if everyone is OK with this time. Also, lets try to get more members on this state chapter. Meanwhile if people here can do some research on the people whom we want to meet up with.

    Thanks,
    Varsha





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  • Appu
    10-20 05:30 PM
    The democrats will take the house by a very large majority and the senate by a less-than-60 vote majority. So if CIR makes a come back republicans will not be in a very strong position to strike a deal on high-skilled immigration. But there are a number of democrats who also support high-skilled immigration. People opposed to H1B and employment-based green card reforms are on both sides of the aisle (Dems Dick Durbin and Byron Dorgan, Republicans Jeff Sessions and Chuck Grassley for example) but hopefully they will remain a minority. It also looks like vocal supporters like Jon Cornyn will win re-election. But Pete Domenici is retiring. So, on the balance, there will be some change but not a drastic change on the legislative side.

    Sen Obama is a very pragmatic and thoughtful person. You should know that he was co-sponsor of the PACE Act which, among other things, tried to create a F4 visa and make it very easy for STEM graduates to get green cards. There is absolutely no need to be panicked about a Obama win. Sen McCain, on the other hand, seems to have gone back on many of his immigration promises these last few months. It will be a concern if there is a democratic congress and McCain is in the White House.



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  • vchip
    06-10 01:35 PM
    I am just wondering what are they going to do with this new act. Get rid of the immigrants.
    It is bad for USA and US Economy.

    Good Luck to us all.

    Cheers,
    VChip.

    Calli Passion (http://callipassion.blogspot.com/)

    Contributed $50

    :eek:





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  • Macaca
    01-18 08:15 AM
    We sent out a newsletter last night and out of 8400 emails, we have nearly 250 bounced back.

    Emails like a@abc.com are obviously bogus emails.

    See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.


    Send them PM and track them when they are logged.

    IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.



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  • nixstor
    07-05 02:15 PM
    Damn straight, I am one of the free riders.. But I contribute back by doing the work... I have emailed and called media personnel, office bearers etc.. why should I pay on top of that?? When I make the calls, write the emails, I dont think I will be singled out and the only person to benefit out of it...

    Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...

    My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..

    Thanks a lot for helping yourself and us. But you have revealed your
    short sightedness in thinking that by calling, emailing, digging you have done your job. With out $$$, all this grass roots work will not get any where. Its your choice to understand the importance of contributions or not but do not discount them saying that emailing/calling is more than enough.





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  • sri1309
    10-15 07:31 PM
    I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.

    Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.

    I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.

    I believe we are educated and sane people, so lets start doing the right thing.

    Enough said.

    " USCIS does realize that there are issues with how it is handling cases.".
    All our efforts are to tell USCIS that we also realize it and we are waiting it to act. You shouldnt say "Hindi movie...". We thought it will work as it was a peaceful way and it did work. And I am very sure it will work again and again. USCIS and others will realize that this is the way legal applicants behave, which is very good. Nothing wrong.. Looks like you had a bad day..



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  • pcs
    08-03 01:39 PM
    This guy is the root cause of our problem. Else, we would have got our provisions in Dec'05

    DO NOT CONTACT HIM

    I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!





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  • Roger Binny
    10-10 01:35 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?

    That is the riskiest and BS advice one can give on forums, specially in these.

    Yes,exactly same including me my friends were asked for passport, we didn't know that we need to carry each one faced around 20-30 mins of interview.



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  • Rajeev
    06-10 04:06 PM
    Done





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  • yabadaba
    09-10 04:02 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments and look forward to welcoming you in the real world as your friends and colleagues.

    However, we wanted to make you aware of a grim reality that you will surely face in the coming months. Immigrant visas (commonly referred to as ‘Green Cards’) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have heard rumors, but the truth of the matter is that most likely you will have to face years of waiting for an immigrant visa to be approved. This in turn will restrict your growth within an organization and at the same time prevent you from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even if you are finishing up your MBA from Harvard, it is likely that you will be impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Regards,

    Your friends at
    Immigration Voice



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  • guy03062
    11-11 07:49 PM
    This is great find. I am not sure why IV leadership (as an advocacy group) is not pursuing this to USCIS leadership as they are in touch with them regularly for other issues. Are we missing something here?

    Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.

    Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).





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  • Legal
    07-13 04:49 PM
    If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.

    They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.



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  • desi3933
    02-02 11:07 AM
    That's fine ..To show that we are in status form the last non-immigrant visa entry to 485 filing stage should we have our monthly stubs or will W2 be sufficient? I'm afraid I've some misplaced. Again thank you very much for your responses.


    W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • diptam
    07-01 09:38 PM
    Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.

    He/She crossed the line somehow.

    Pappu,

    You don't need to be so polite with this member.. He/she just joined IV. Haven't done anything for IV.. Don't know what IV is doing any now start talking about IV core doing partying..



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  • nousername
    11-13 02:13 PM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.

    With you on this bro.. You propose something and they ridicule you, you ask a question or question their intent they pull your thread off the main page and dump it someplace else..

    Because of the above reasons I stopped donating (which I know they don't care, nor do I). I only visit this forum to help other members with their questions to which I might have an answer or share my experience, as like others even I have quite a lot of bad immigration experiences.





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  • PresidentO
    02-03 02:06 PM
    Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
    If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.

    Because he does not care whether his personal agenda born out of righteous anger (politics doesn't care whether your anger is righteous or frustrated) fractures the already divided community. He thinks that he can get out 15-20 guys on the hill and get a 2 line bill that will end country caps. Well, Why not talk to his friends and get them on the hill? No, he wants to ignore the bylaws/agenda of this organization and wants to carve a separate faction on IV that will work for ending country caps. If some one does not know that he is doing a mistake, we can try to help him see the mistake. If he/she knows it, Do we need to tell him/her?





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  • logiclife
    01-30 04:42 PM
    Another thing about your situation.

    I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.

    Use that independence to your advantage.

    If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.





    sprash
    01-30 02:35 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Yes, I believe thats what they might be doing - preprocessing. There was no obvious 'trigger' event that caused RFE on my case either. They raised these RFEs even though I had not changed my sponsoring employer or transferred my h1b. I have a feeling they preprocessed mine too.

    I don't mean to scare you (just prepare you for the worst) --- you might want to talk to some desi consultants and make an arrangement that in case the RFE is employment verification, they give you pay stubs from the time you were laid off. As you can see from my RFE, you might need to show your recent paystubs and employment verification. Yes, it will be a financial loss for you, but without these I believe your case can get rejected (gurus correct me if I'm wrong!).

    Again I am is just hypothesizing your situation, your case might be entirely different. This is 'just in case'.....





    conundrum
    11-06 11:56 AM
    btw, I didn't notarize my letter. I faxed in the FOIA request.



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