Sunday, June 19, 2011

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  • chi_shark
    08-04 05:24 PM
    Dude, i think you are thinking too much of it. USCIS is NOT an organization that goes by process.

    No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.

    Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. ............





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  • sammyb
    10-05 03:56 PM
    ^^^^^^^^^^^^^^^^^


    couldn't attend this time ...





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  • go_guy123
    07-02 11:07 AM
    Ombudsman mentioned that "visa wait-times within some preference categories
    for certain nationals may exceed 10 years."
    http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

    I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
    Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
    http://www.ailf.org/lac/chdocs/lac_020905.pdf

    Excellent find, lazycis !!!!!

    This can be a good precedent case for class action lawsuit. Because law never says that
    EB visa quota gets lost if unused.





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  • gsc999
    09-22 10:26 PM
    Why don't we mail copies of our degree certificates, diplomas and other credentials? They will know who is more educated..Lou Dobbs or us !!!

    ---
    Thanks for your message.

    The issue at hand is not to "prove" if you are educationally qualified rather long delays in legal employment based immigration. So sending copies of degree certificates may not convey our message. Also, if we wrap the stoppers in the photo copies of the degrees that might show subtle disrespect to American learning institutions that gave you those degrees. On the contrary, these degrees are to be framed, if you want to. We want positive message e.g. stop reverse brain drain.

    Stopper is a good idea because it weaves two ideas very effectively:
    - Stop American jobs from off-shoring : use a stopper
    - Stop reverse brain "drain" from America to keep America competitive : use stopper

    This concept of reverse brain drain is well documented by the recent Kauffman foundation study http://www.kauffman.org/items.cfm?itemID=906
    where they mention that 100K high skilled immigrants have left US to go back to India, China and other countries.



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  • paskal
    04-09 04:41 PM
    you are welcome to vent your frustration too...

    I am from India and I agree this whole thing is overdone
    But let people release their steam, you release yours. India is just a euphimism here for your native country
    you can alos of course ignore the thread like i did for the longest time.

    mainly, let's just try to be nice to each other, and try not to vent on others.





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  • sk.aggarwal
    02-01 04:03 PM
    You were right. It seems they have updated status today. My case got processed on 01/27. Now waiting for the documents



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  • chanduv23
    10-07 06:21 PM
    Just make sure you don't get yourself booked under DUI...

    Unless they book u for riding MTA :)





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  • permfiling
    01-15 03:59 PM
    I went through the Federal Firearm Law and here is what I found:

    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�

    (5) who, being an alien�
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

    -----------------------------------------------------------------------------------------------

    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
    (1) Definitions.� In this subsection�
    (A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
    (B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).

    (2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
    (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
    (B) an official representative of a foreign government who is:
    (i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
    (ii) en route to or from another country to which that alien is accredited;

    101(a)(3) The term "alien" means any person not a citizen or national of the United States.
    -----------------------------------------------------------------------------------------------
    101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.


    As per my understanding, if you are legally in the US, you can own a small firearm...walk into a store and tell them u need a gun and they will tell u what paper work you need or go to your local police station and ask the requirements. You can find out more details on NRA [national rifle association] website



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  • chi_shark
    09-26 03:44 PM
    all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude


    So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case

    1. I am not on H1B anymore
    2. I am already using my EAD with my GC sponsoring employer.
    3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
    4. My employer will not revoke the I-140 for sure.
    5. My client is ok to work with me if i start my own company.

    All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..





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  • aadimanav
    07-14 04:13 PM
    Does anyone know, how to change the poll in this thread to a public poll?



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  • gconmymind
    09-05 01:48 PM
    AFAIK, AP is considered only for emergency travel. That said, I think the officer was being over reactive.

    As we all know, immigration laws are arcane. AP for emergency travel was ok when people used to get GC within 6 months of 485 filing. Now, when it can take anywhere from 1 to 3 years to get GC after 485 filing, does it make sense to have AP for only emergency?! Crap...





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  • meridiani.planum
    08-23 05:38 AM
    A recent post asking about how many people have EB2-India PDs of 2003 or earlier had no responses, so I am curious about the potential spread of waiting people (atleast in the sample set of whoever responds to this poll).

    RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.

    (we can do separate polls for EB3-I, china, ROW etc)



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  • another one
    06-10 03:15 PM
    Maybe we should tell NRA that lot of skilled immigrants will buy guns once they have GCs. That could be the fastest way for us to get some lobbying money. It could work faster then the message on "buying houses".

    I have lived in Nevada before. I think in that state and many other western states (where guns laws are more liberal) you have to have passport, I-94 and utility bills proving you have lived in NV for 6 months. That's it. You don't need hunting license to get a gun license.

    Here is the biggest irony:

    IN order to own a gun, FBI needs only 2 days to check your background.

    IN order to get 485 approved, FBI takes months or years to do a background check.

    I guess green-card is a more lethal weapon than a handgun.





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  • sparuthi
    10-08 04:16 PM
    When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.

    My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????

    MY PD is March 2006
    Filed 485 in July 2007.
    RD is Aug 2007.
    Category - EB2

    cheers



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  • uma78
    11-17 10:11 AM
    Hello H1b Guy,

    I am sorry for the situation you are in. The employer should be punished. Let me ask you:

    1. do you have any email correspondance with the employer asking you pay for h1b fee?
    2. if you don't then pose him a question using office email something like "how much is still pending on my h1b fee that i owe you (replace you)". Address this to HR or Payroll or the boss it self. Wait for the reply, and then take copy of it for record purpose.
    3. if '2' does not work then wire tapping is way to go:
    http://www.citmedialaw.org/legal-guide/new-jersey/new-jersey-recording-law. As per the law in New Jersy, one party should be notified and if you are recording you conversation, you are the one party and the other do not have to be notified. Are you using voip in the office? if so use wireshark to record the conversation. If not then there are devices available outside for cheap to do it.

    I am not a lawyer, please do some more research and then find a way. If you really want to trap these type of guys there are tons of legal ways to do it. Hope, this helps. Take care. All the best.

    Uma





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  • gc28262
    02-22 08:12 PM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Thanks,
    Chandra.

    If you entered US on a valid Visa through a POE after June 2008, you are covered. You need to prove your legal status only since your last entry to US (Entering using AP does not count). If your employer didn't pay on bench, that is your employer's problem.

    Some links:

    http://www.lawbench.com/immigration-forum/453/245-k-and-unauthorized-employment

    http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=1290



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  • hebron
    06-30 12:08 PM
    Nothing significant is expected from this speech. Most politicians repeat the same 3 things- Secure our borders, provide path to citizenship to millions and welcome best and the brightest. The real question is when they will do the real work on immigration. There have been some discussions on administrative fixes on immigration. However some of these fixes would politically harm democrats in the upcoming elections.


    "There have been some discussions on administrative fixes on immigration. " - Anything that is of interest for Legal immigration such as visa recapture?





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  • jonty_11
    10-12 02:39 PM
    Thanks nycgal369
    This resource and other resources were listed in the thread http://immigrationvoice.org/forum/showthread.php?t=694&page=6
    'ideas to increase publicity' but only few members took active interest and participated.

    Now that we have you, i am sure you would help in this effort by sending out emails yourself and also other members can join you to contact media. I wish we can all send multiple emails to every newspaper, every tv station and radio station in this country and apprise them of our cause. such letters urging news orgs to cover our issue will help us get much needed media attention and then something will DEFNITELY happen in the coming months.
    LOoks like the AILA link does not provide email addresses for every listing. I have sent emails to 4 media outlets in my area in Colorado.





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  • villamonte6100
    11-01 05:29 PM
    This US wide and not a state wide. Homeland security and DMV wanted to use a new database to track immigrants.





    chanduv23
    10-07 06:21 PM
    Just make sure you don't get yourself booked under DUI...

    Unless they book u for riding MTA :)





    somegchuh
    06-28 01:24 PM
    Guys,

    Is this really bad news for those with pending I-140? Does it mean they expect 140 processing to be so overloaded that they can't commit to premium?

    My 140/485 was filed in mid-Feb 07. Any ideas what to expect as far as 140 processing is concerned? I am pretty sure 485 processing will slow down as they will get busy with so many new applications and working on new EAD/AP applications.



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