Wednesday 15 June 2011

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  • ashishgour
    09-10 02:03 PM
    Guess they had an extended lunch session...!!! Finally back..but no discussion yet...





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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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  • vamsi_poondla
    09-18 11:00 PM
    This is what I felt. When folks from CA could turn out in such a big number, what stopped DC Metro area and NYC/NJ Area folks to come? Perhaps they do not deserve Capital so close to them. What else it is for? To take their friends and relatives there for photo taking? This is what I felt.

    Over all, one of the most fulfilling three days of my life. I learnt what is law making in this country and how things work.

    Skeptists, IV is moving in the right direction. If inertia of rest is making you go slow, then allow this thread to push yourselves. We are legally supporting your cause. Least you can do is, join the cause and contribute.





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  • Jaime
    09-10 01:12 PM
    You are constantly and unjustly attacked - You are attacked by anti-immigrants who not only spread outrageously false rumors such as "High-skilled immigrants don't pay taxes" or "High-skilled immigrants lower wages" but also dismiss your contributions to the U.S. economy like patents, opening world-leading companies, etc etc by not acknowledging them. Lou Dobbs is a good example in the media, but anti-immigrants (which are not that many in numbers) make their presence felt everywhere.



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  • Jbpvisa
    07-12 11:01 PM
    http://www.murthy.com/chertoff_murthy.html

    July 12, 2007

    VIA FEDERAL EXPRESS
    Michael Chertoff, Esq.
    Secretary
    Department of Homeland Security


    RE: USCIS Decision to Reject I-485 Filings

    Dear Mr. Chertoff:

    It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.

    Purpose of this Letter

    I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.

    USCIS Decision Contradicts its Long Standing Procedure

    In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.

    These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream

    These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.

    USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury

    Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.

    The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.

    The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.

    The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.

    The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.

    USCIS Motive is to Collect Millions of Additional Filing Fees

    Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.

    .................
    continue





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  • at0474
    12-21 07:56 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.



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  • ItalySeAaTapki
    07-11 02:05 PM
    It is same as July07 VB Fiasco. An Error.

    Either they will retract or will allow all the people to file I 485 and will issue GC after taking own sweet time.

    Unless those 3 bills pass, not much hope.





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  • bidhanc
    07-18 10:18 AM
    Please explain Greg's comment,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?
    Is it not possible to re-submit the documents all over, even though USCIS might be holding on to our first applications of July 2nd?
    What are the ramifications (if any) of doing this?



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  • signifer123
    02-16 01:02 PM
    Lol only one person i know of said they were giving up man, i just have to replan my look for mine





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  • alex99
    10-12 02:19 PM
    Here are the EB2 Poll Links:
    http://immigrationvoice.org/forum/showthread.php?t=6266
    http://immigrationvoice.org/forum/showthread.php?t=6128



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  • Dhundhun
    07-11 01:29 PM
    issue one year EAD and milk more money

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD





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  • gvenkat
    04-07 10:41 AM
    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.

    POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.

    Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.

    So all this is dino-dung. Stop wasting time at your desk and do something productive.

    Let the red-dots rain.

    Seriosly bro. U hit the nail on the head.. It's just rumor mongering at its best and we desis surely do get a kick out of it.. the guys who start these threads/rumors should be just , banned from the forums..

    Have u noticed? it's always a friend's friend or a colleagues friend or a friend's friend's wife. it's never a friend or themselves...

    The logic to send back does not hold good... If u have all ur papers there is NO WAY They can send u back.. if u had overstayed, be on bench and all other issues, yes u could have a possibility of being questioned.. if ur papers or on order.. it's just like a regular travel.



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  • PHANI_TAVVALA
    02-17 06:16 PM
    I am volunteering to coordinate the collection and redemption of airline miles.

    Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.

    if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)

    Please do not forget to put your phone number when you send me the PM.

    Thanks

    sent Delta miles information to you.





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  • GCBy3000
    01-16 11:55 AM
    pls update your profile so that we can confirm.

    Update your signature also with your pledge. This will help a lot when others see these kind of signatures. It is all psychological factor to make members feel confident about IV and to make them realize they are not the only one who contributes often.

    Every member has the potential to contribute. It is not a million dollar per month. But how to make them to realize the importance and to make them feel comfortable with IV to contribute matters the most. Adding up your pledge in the signature is a most important for this one.



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  • mlvats
    06-10 06:23 PM
    Friends.

    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?

    Thanks in Advance.
    -Moti





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  • GCKaMaara
    04-07 10:52 AM
    I would not say people are intentionally lying but fact accuracy deters when transferred from one mouth to another. I would only rely on first hand information.



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  • varshadas
    01-30 02:51 PM
    After we come up with the final flyer with images and stuff, we should get it reviewed by IV to make sure that we don't have conflicting statements. We have to get color printouts. We can get them at Kinko's.

    Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?

    Thanks,
    Varsha





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  • makemygc
    01-30 08:33 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.





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  • mk26
    03-12 08:26 AM
    No change for EB2..... India
    EB3 moved about three months

    Category India Most Other Countries
    F1 8 July 2004 8 July 2004
    FX 1 Jan 2005 1 Jan 2005
    F2A 1 June 2006 1 June 2006
    F2B 1 March 2002 1 March 2002
    F3 22 May 2001 22 May 2001
    F4 1 March 2000 1 March 2000
    E1 Current Current
    E2 1 February 2005 Current
    E3 8 September 2001 1 February 2003
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current

    Source
    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
    This should have been posted in DONOR's forum :)





    iv_only_hope
    02-20 03:47 PM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.





    thomachan72
    07-28 04:45 PM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks

    A lot of people act as if their God / Gods need their protection. My friends think about that before getting upset about these issues. Do the Gods really need your protection? or is it just your ego thats being hurt? Would Ganesha (in this case) be hurt by being on the beer bottle? Does the picture infact resemble him? has anybody seen Ganesha? I mean, this is 21st century and we have to think rationally before becoming sentimental over these issues. So long as you get hurt over these there will be people to insult you. Believe me my friend no human can ever hurt / insult a God (if there is infact one). so why bother? Maintain your personal relationship with Ganesha in your prayer and let him deal with such insults in his way. The only reality you will ever know is your neighbuor. Live and let others live life to the fullest and dont let religion / religious idease dictate your attitude towards this world. next time you see the beer, buy it and drink it if you enjoy alcoholic beverages.



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