Tuesday, June 21, 2011

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  • raj2007
    02-19 12:18 PM
    Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
    like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
    Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.

    In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
    Thanks

    Hi TInku,

    I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
    Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.





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  • sirip4
    04-03 02:13 PM
    I have webfaxed both 10 & 11.

    DOne.





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  • vbkris77
    11-30 10:42 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________




    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



    (1) Nondiscrimination. -


    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.


    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.



    This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that





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  • ArunAntonio
    03-22 01:30 AM
    I have mailed asking for the meeting info. I will meet the local lawmakers.



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  • alterego
    10-11 04:27 PM
    Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?

    As of now PD is apr 2001, I dont know when will it move ?

    Thx
    Nag

    Sorry to hear about your situation.
    The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
    So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.

    Good luck.





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  • Daisy
    01-07 01:14 AM
    I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.



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  • Pineapple
    01-03 10:36 PM
    This does raise some valid questions... For instance, what about children from, say, a previous marriage? What about children when the couples are not married? Do the children qualify under FB visa?

    I realize this has nothing to do with EB immigration, and that such cases are relatively uncommon. But still, if someone with expertise and experience can comment, it would add to the knowledge base, and who knows, someone might find it extremely useful.





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  • Soul
    02-09 12:15 PM
    Thanks Big K :ub:

    - Soul :goatee:



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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    AkhilMahajan,
    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    insbaby,
    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    quizzer,
    The I-140 filing date was Nov 2006.

    Ramba,
    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    cnndwag,
    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    Dreamworld,
    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).





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  • Almond
    11-03 01:03 PM
    En tout pays, il y a une lieue de mauvais chemin....Nous devons Le mieux est l'ennemi de bien.

    ...Please. Show off. :rolleyes:



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  • Libra
    07-10 10:37 AM
    Only a regular Lou Dobbs watcher will know, Lou never read a negative message posted by audiance on his show, and he will read only those messages who are racist, and literally hates immigrants.

    My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.





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  • nrk
    11-04 06:11 PM
    Hi,

    It is the same agent id for all of us.

    I got my infopass with in 3 days. You don't need an attorneys presence in info pass.
    If you go there with 2 forms of id , plus the 485 notices that is fine.

    Things to ask

    1. back ground check is cleared or not
    2. pre adjudicated
    3. Is there any other thing holding up your case.

    Probably we have to give a complaint against the agent id, what ever the cases went up him he is giving the same message.



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  • tonyHK12
    11-04 10:35 AM
    Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.

    We have to show the public that we follow laws and our position is the same as that of the US govt - no illegal border crossing.
    Employing illegals is breaking the law.
    Our loyalty is first with the federal govt obviously.
    Openly supporting/harboring/encouraging a single illegal is breaking federal law, and will land a person in Jail and can get him deported.
    Its a misconception that voicing opposition to illegals will turn off the public from IV, in fact its the other way around .
    If a reader cannot comprehend the difference a legal immigrant makes, they are wasting our time anyway, and should go back to high school.

    We are a completely seperate group, and as an organization our only relation with them is due to politics, because of which we try to stay neutral.
    We can side with them, if they promise to return all my taxes paid so far. Unlike the undoccumented, we have many options.

    The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.

    Nothing grandoise is going to happen with immigration for the next few or many years, especially CIR. The only bills that can go through are piece meal and ones targetting specific issues.

    I want to repeat, I have nothing against illegals, but the overall opinion of them is pretty negative in the majority of the country.
    I hope there is a solution that can help them, but I can't find anything beyond a temporary visa.





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  • cc123
    09-19 02:05 PM
    Filed at NSC on July 2nd 2007. Got EAD/AP approval notices and receipts/transfer notices from CSC last week. No FP notice yet.

    There are several in my company in the same situation..NSC->CSC and now CSC Xfr'd back to NSC. No one has rcvd FP notice. I think August 17th filers at NSC are ahead of us now and we are at the tail of the queue one more time.

    The only advantage of CSC transfer is if you need EAD/AP desperately. if you don't then it's just bad luck.



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  • smuggymba
    04-23 02:29 PM
    yesetrday on CNN, AC 360, there were two latino ladies (US Citizens) and they kept saying that this bill is illegal and should be vetoed.

    All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.

    None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.





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  • rajs
    12-27 12:31 AM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?



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  • jsb
    07-25 02:02 PM
    Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485

    What do you say about your problem when you take InfoPass. You can't take an appointment to just ask what is happening to your case, unless several months have passed after all sorts of dates.





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  • gc_bucs
    04-01 03:28 PM
    Sent the fax. Thanks for putting it together





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  • Berkeleybee
    04-10 09:05 PM
    IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.

    I'm smiling. We will certainly try, but the part above (clout etc) would be an overstatement of our current levels of access. :)

    Note that these are the same agencies that have been resisting our efforts to get even the most basic breakdown of data.

    best,
    Berkeleybee





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    07-06 04:02 PM
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    akgind
    07-13 11:09 PM
    Good point. You are absolutely right, help_please. S.774 is the original DREAM Act which did not distinguish between legals and illegals. But it never went anywhere. The DREAM Act that was part of CIR specifically made it applicable to only holders of Z visa. Please refer to S.1639 on the same site and look at Sec 612-620.

    We do not know which version is being introduced now. The way things are going in Congress, I would not be very surprised if they make it applicable to only undocumented.
    http://thomas.loc.gov/
    Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.



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