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virald
07-18 12:54 AM
Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).
Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).
Guys,
I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)
Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.
Posted by: Greg Siskind | July 17, 2007 at 09:17 PM (http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html#comment-76226938)
Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).
Guys,
I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)
Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.
Posted by: Greg Siskind | July 17, 2007 at 09:17 PM (http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html#comment-76226938)
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rayoflight
02-19 11:29 AM
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
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Lasantha
03-07 10:26 AM
Is it true that in some cases after you file for AC21, CIS would send a RFE for the financial details of the new company (to stablish that the new company can pay you - company tax details).
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
I think I heard this on the last IV attorney conference call with Attorney Prashanti. So if that's is true, what if the company does not want to send this kind of confidential information to a third party attorney (your attorney)?
Or if the company is a big one they may not want to help you with these details at all. You know, they may not want to be bothered with that sort of hassle.
Have any of you heard of a case where CIS asked for ability to pay supporting information for AC21?
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svr_76
02-19 10:59 PM
I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..
Definitely enterprising candidates do have the perfect carved out visa category for this purpose EB5. Show them a plan to create jobs and get bank to approve of your plan as being profitable and feasible, to extend you a line of credit and you'll get ur GC in 1 year.
Its pure politics here..the current bill is an attempt to garner more ethnic votes...e.g.
UPA never initiates action to press hard for deportation of bangla immigrats (undocumented aliens) in India because those aliens are from a particular community and UPA wants to capitalize on the valid votes that Indian citizen from the same community provide them.
Definitely enterprising candidates do have the perfect carved out visa category for this purpose EB5. Show them a plan to create jobs and get bank to approve of your plan as being profitable and feasible, to extend you a line of credit and you'll get ur GC in 1 year.
Its pure politics here..the current bill is an attempt to garner more ethnic votes...e.g.
UPA never initiates action to press hard for deportation of bangla immigrats (undocumented aliens) in India because those aliens are from a particular community and UPA wants to capitalize on the valid votes that Indian citizen from the same community provide them.
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GCKaMaara
03-12 12:01 PM
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
So now only paid people get access to information. Why don't you start contributing now?
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
So now only paid people get access to information. Why don't you start contributing now?
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
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ajthakur
07-14 06:30 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
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pappu
01-16 09:44 AM
Thank you Anurakt and others that have signed up. Anurakt I am sure this time our members will take up your challange and make you pay $500
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chanduv23
01-30 01:57 PM
It is just not desi compaanies, but small companies in general want to save every peenny and would like to extract more work and would not mind about ur status or legality but will just get their work done.
When you join desi company you have to deal with crap. Must be very careful while inbetween projects and make sure u don't accrue any bench time.
When you join desi company you have to deal with crap. Must be very careful while inbetween projects and make sure u don't accrue any bench time.
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gopinathan
09-10 11:43 AM
girijas, your comment is both funny and sad... we are behind horses.. :(
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
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bsbawa10
03-09 03:48 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
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mail2me_Ds
09-17 03:03 PM
When they issue RFE, does the case status online shows Card/Document production?. My status changed to Card/Document production 10 days ago and I did not receive any document or card yet. And the level 2 officer said that my application is still pending?. So I am confused with the online status.
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nc14
11-03 04:19 PM
I too got a receipt letter from USCIS about my FOIA request.
Today received letter from USCIS regarding the FOIA.
Today received letter from USCIS regarding the FOIA.
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Rajeev
02-01 03:04 PM
Hi Varsha
I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.
I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.
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meridiani.planum
03-04 01:24 PM
I am expectin WSJ to pay a visit. So I changed the first message.
perhaps you want to make it even simpler?
- Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
- instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.
copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)
perhaps you want to make it even simpler?
- Remove all the LC/I-140 details, just say that we are at the last stage of a long and arduous process, and are stuck waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
- instead of EAD and validity just say getting a mortage is a lot easier if your immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage companies dont accept that.
copy paste the suggested fixes there (or add a link to the administrative fixes campaign post)
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masouds
02-15 04:48 PM
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
And I don't really care about who you mix with. Really. You are not that important. Neither am I.
No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
And I don't really care about who you mix with. Really. You are not that important. Neither am I.
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Macaca
06-11 02:46 PM
By having the GC, you are not an American.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right".
Who made this rule? White trash Matloff? or Slumdog Hira?
Guess what? Here is a new rule.
All US born D-O-N-K-E-Y-S - like you - holed up in Guild, WashTech, Bright Future Jobs, NumbersUSA, ... will be dumped in FATA, Pakistan.
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jfredr
06-12 10:26 AM
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
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dtekkedil
07-16 06:18 PM
Guys,
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
The only way to counter this is to fax the senators and reps stating the "real" facts!
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
The only way to counter this is to fax the senators and reps stating the "real" facts!
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perm2gc
01-16 08:35 PM
Thanks. could you try yahoo, google and msn groups on immigration too.
when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.
others, pls suggest more websites and help in posting IV messages on them.
sure will do it and will update as i post
when you type these words you will see several such forum names. Select the ones with more membership and become a member. Thgen post messages. Emails sent in these forums go to each member.
others, pls suggest more websites and help in posting IV messages on them.
sure will do it and will update as i post
crystal
02-15 04:19 PM
Are you sure this is the reason why they have per country limits :confused:
Or you dont want that way :D
It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
Or you dont want that way :D
It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
ajthakur
07-14 06:41 PM
You are correct. I joined the new employer on H1 B transfer. I didnt use AC21(ead)to work for my new employer.
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
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