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  • abhijitp
    07-06 02:48 PM
    We should learn something from USCIS.. If they have worked hard for 48 hours on last weekend, we should work more this weekend and do whatever we can to help core members.
    __________________________________________________ ______________

    I second that!




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  • rameshk75
    05-22 03:31 PM
    People are very busy since morning looking for a positive news regarding the amendments..there is no time to contribute !!

    IV members, try to contribute otherwise nothing will happen without lobbying !!




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  • addsf345
    11-19 01:26 PM
    One more update: Found another thread on RG's forum. This one is very specific.

    http://immigration-information.com/forums/showpost.php?p=25447&postcount=7

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21

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

    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.

    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.




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  • langagadu
    09-15 11:19 AM
    :mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
    :mad::mad::mad::mad::mad:


    are bhagwan... kash maine substitue labor use kiya hota....

    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.



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  • ras
    07-06 03:39 AM
    Why is such a big organization like IV not able to generate funds. Is it that IV members are not worthy to give funding or is there something else that needs to be done to make the members shell out money. An organization with 20K members has a lot of potential generate funds.

    I do agree that desi mentality is little different with regard to coming forward or donating money. But that cannot be sole factor for the IV failure. I strongly believe it is not the member contributions that can make IV survive. There should be other mechanisms of getting funding like advertisements, banners, corporate sponsorship, etc. All these are leadership decisions. And apparently we don't see that happening which leads to the notion that we need new blood in the team.

    I also dont deny that IV core team has other things in their life. And they cannot devote complete time for this. So as mentioned in one of the posts lets employ a manager to do these things. Lets figure out the expectations for this employee and also the salary for about 6months duration. Lets us assess this employees progress. A full time responsible team members/assistants ( paid or non paid) are required for the organization. There could be non paid executive committee members in parallel.

    How are other websites like La raza or similer websites generating money. What are the ways they are following. Analyse them come up with the strategy to get more funding. That is what the leadership team is supposed to do. Not winning on the members to give money always. Lets us accept it the funding that can be got from members can only be minimal. Now having understood that what are the alternatives?

    I think we need to come out of the shell. IV core doesn't appear to be transparent as it is supposed to be. Remember am not denying what they have done so far is any less. But my only saying is that we could do much more with the 20-30K memberbase. Lets utilize the brains in the crowd.

    Please dont start questioning me if I donated, participated and followed IV suggestions. Yes, I did all of them. The point is not I as an individual we are talking about the system as a whole.




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  • nave_kum
    08-13 06:33 PM
    first: indulging in a completely useless dicussion
    this is your prerogative but this forum really does have a purpose and a well defined goal. it behoves those who use it to be aligned with the goals of the organization, not completely obsessed with a receipt that is at best a tiny way station in a long journey.

    second and this needs undivided attention- and rereading as many times as needed: personal attacks, offensive language and divisive fueds are against the policy of this forum. if you have a problem with this, read the posting guidelines. make sure you understand them completely.

    third: junior and senior is nothing but a representation of the number of posts from a member. if the posts are nothing but self obsessed rantings, then senior is just a word that means nothing. posts can be approved or disapproved by members using the tools above. this results in green or red squares in front of a members name. that may be a better representation of other members opinions than just the number of posts.

    fourth: those who live in glass houses do not ...do a lot of things frankly. you cannot complain about other's language or content if yours fails to meet the same criteria. i urge you to be civil in your tone and choose your words carefully. we are here to be a one united community working to end retrogression. not to rave and rant about each other, take or make sides, threaten (with what?), or endlessly obsses about dates and notices.
    please by all means track your progress and give and take information.
    but do it with some decorum.

    many on this thread need to read this post carefully. please keep this forum a civil place and let's behave like the highly skilled immigrants we claim to be.
    please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...

    Very well said!!! Logically this thread with the title "June end and July 2nd filers receipts by monday" MUST NOT be here. Please delete it. Thats what Buddyinus was trying to point out. But ppl took it personally.



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  • ilikekilo
    10-24 03:15 PM
    jsut follweod up with my lawyer and Iwas told that my old company doesnot usaully revoke 140's unless the person left the company b4 the setforth dates as part of GC agreement (4yrs or b4 getting gc ) or the person discharged for some other reason...

    HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions



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  • 485Mbe4001
    01-03 03:59 PM
    good topic and reply.

    Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.

    If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)


    This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...

    When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".

    As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
    - if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
    - if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?




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  • vpadman
    01-05 03:53 PM
    What are the scenarios under which we can request emergency AP through INFOPASS appointment?
    Specifically, does marriage count as reason for emergency AP ?



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  • bikram_das_in
    02-18 03:18 PM
    Fellow IVians,

    Let's not indulge in EB2 or EB3 bashing. We all are in the same boat. Our goal is to remove retrogression be it EB2 or EB3.

    Thanks!
    PD: Sep 17 2007 EB2
    I140 Applied




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  • ilwaiting
    04-25 12:42 PM
    I'm sure the language should be worked out by USCIS as to whats best and whats not. Perhaps the "continous residency rule in US" need to be enacted. If a person leaves the country for a certain amount of time when on H1B may be > 6 months or 1year would loose his PD.


    But atleast the proposal need to be before the rule makers

    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.

    Interesting!!!



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  • a_yaja
    06-12 04:28 PM
    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time.
    Ask your lawyer why the driver's license is required? Passport is an accepted form of identification. Either your lawyer is ignorant(time to get a new lawyer?) - or he is taking you for a ride (he will milk you/ your employer for more money when extension time will come again).




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  • gcny2006
    07-17 11:32 PM
    http://www.imminfo.com/resources/cissop.html



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  • peacock
    09-14 11:18 AM
    Sent more email's this morning about the rally to a no of news papers,radio and TV stations including
    Washington Business Journal
    Washington City Paper
    Washington Post
    Washington Times
    Washington Diplomat
    C-SPAN Radio
    National Public Radio (NPR)
    Radio America
    Voice of America
    Public Interest
    Fox News Channel
    Financial Times
    New York Observer
    New York Times Syndicate
    NBC News
    Financial Times
    Air America Radio
    Newsweek ON AIR
    RadioNation
    Beaver Press
    Blue Mountain Panorama
    Box Elder News Journal
    Deseret Morning News
    Eagle Sentinel
    FCCTV
    WRC (NBC-4)
    WTTG (Fox 5)
    WUSA (CBS-9)
    Pacifica Radio
    ADA News & Notes
    American Enterprise
    American Prospect
    American Spectator
    Accuracy In Media

    Also sent email's to this list of reporters

    mcuban@hd.net,
    wnelson@hd.net,
    nytnews@nytimes.com,
    news-tips@nytimes.com,
    washington@nytimes.com,
    AmericasNewsroom@foxnews.com,
    satya.prakash@hindustantimes.com,
    pmagazine@hindustantimes.com,
    aditya.ghosh@hindustantimes.com,
    Fatherjonathan@foxnews.com,
    Drmanny@foxnews.com,
    Beltway@foxnews.com,
    Myword@foxnews.com,
    Bigstory-weekend@foxnews.com,
    Bigstoryweekend@foxnews.com,
    Bullsandbears@foxnews.com,
    Cash@foxnews.com,
    Cavuto@foxnews.com,
    Fncimag@foxnews.com,
    Forbes@foxnews.com,
    Friends@foxnews.com,
    Feedback@foxnews.com,
    Jamie@foxnews.com,
    Fncspecials@foxnews.com,
    FNS@foxnews.com,
    Newswatch@foxnews.com,
    Foxreport@foxnews.com,
    Atlarge@foxnews.com,
    Heartland@foxnews.com,
    JER@foxnews.com,
    Lineup@foxnews.com,
    Ontherecord@foxnews.com,
    Oreilly@foxnews.com,
    Redeye@foxnews.com,
    Special@foxnews.com,
    Studiob@foxnews.com,
    Hemmer@foxnews.com,
    Colonelscorner@foxnews.com,
    Housecall@foxnews.com,
    Hannity@foxnews.com,
    Colmes@foxnews.com,
    Letters@newsweek.com,
    Customer.Care@newsweek.com,
    viewerservices@msnbc.com,
    today@nbc.com,
    wt@nbc.com,
    mtp@nbc.com,
    abc.news.magazines@abc.com,
    [email]letters@msnbc.com
    __________




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  • diptam
    08-10 02:27 PM
    Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"

    If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)

    My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?



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  • PD_Dec2002
    03-17 09:48 PM
    --
    Did anybody notice this in the IRS communication that was sent out to taxpayers:

    For taxpyers, the amount of money will be "reduced" or " completely phased out" for individuals making adjusted gross income or more than $75K ( or more than $150 if married and filing jointly).

    How about that?

    Not surprising. People who earn $75K (single) or $150K (as a couple) are not the ones who drastically change their lifestyles because of recession or high gas prices. In fact these people are anyways earning much above the national average. It's the low/middle-income folks that bear the brunt of high inflation and soaring gas prices...they are the ones being goaded into spending.

    Anyways, think twice before you spend the rebate foolishly. Why not send it to IV, contribute to an IRA or fund your kid's 529 plan?

    Thanks,
    Jayant




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  • nursekm
    10-03 11:03 PM
    Thanks ! But it still unsure how long it will take ....

    Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.

    This means, that not only Schedule A can file concurrently but also others as well.




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  • quizzer
    07-06 02:16 AM
    Please digg

    http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled

    jus dugged

    excellent article




    coolpal
    09-10 11:04 AM
    thanks IV to all ur efforts...
    Here's my contribution of $100 (Google Order #431458970400945)

    Hope I'd make it to DC... but I am leaving on vacation this month, and might have to work that weekend to finish things before I leave...

    thanks,
    pal :)




    vayumahesh
    11-16 08:33 AM
    It is a letter by your I-485 attorney to USCIS mentioning your pending I-485 application (receipt numbers, filed where, including everyone part of the application), about your company securing I-140 approval under EB2 category for you and requesting to interfile this I-140 with pending I-485 and approval based on case is being current now (mentioning priority date). Copy of the I-140 approval notice (EB2) should be attached.

    Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.



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