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  • amitjoey
    04-19 01:07 PM
    I understand that your intention is to get heard. I appreciate your effort at writing letter. However writing to the president will not help us much. Here is why:
    In the USA, infact for that matter in most democracies, Laws are made by elected representatives unless it is an executive order to grant an immediate relief.

    The composition and powers of the House and the Senate are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two-thirds majority in each chamber). The total number of voting representatives is fixed by law at no more than 435.[1] (United States congressional apportionment - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_States_congressional_apportionment))

    So, In our case, the president at the most can sympathise with our cause and the hardships we face because of the limbo, But he cannot really help until there is a bill that passes both the house and the senate.

    So, Can I suggest that it will be even more worthwhile if you contact your congressman/woman and go meet them. We need them to understand our plight and anguish.

    We all need to go meet our lawmakers, educate them.





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  • logiclife
    06-14 06:07 PM
    20 amendments is a lot of amendments. If 20 amendments bring 20 additional votes, but if 6 votes are lost due to these amendments, then I guess the cloture will still fail.

    Last time the cloture motion got 45. They need 15. In getting 20 amendments, if they gain 20 -25 senators, they will also lose some. So its still not a done deal. And who knows if one of those 20 amendments is like the Byron Dorgan's bill killer amendment. That amendment to sunset the guestworkers program in 5 years is the biggest bill killer that got approved on wednesday by a vote of 49-48.





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  • kirupa
    04-03 06:55 PM
    There will be a cash prize for the 4th place entry as well :beam:





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  • latina
    04-10 11:17 AM
    I only have something to say, everyone is looking for its own turf, and if you really want diversity in the forum, the hard count will not attract anyone else other than Indians and Chinese. I am few months from working due to EB2- Worlwide category (current), so any change on the hard count is not on my benefit, same for anyone who is not from India or China, the EB3 is not current worlwide but the line of all the other countries is still shorter, if you really want to reach more than Indians and Chinese the goal has to be good for everyone, and the hard count is not. Thanks.

    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?



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  • kk_kk
    10-14 05:29 PM
    Consult a good Lawyer. I think there is some rule that you apply 485 for your spouse within 6 months of your 485 approval for her to join you.

    HTH





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  • omved
    11-12 11:33 PM
    Nice search



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  • Ramba
    01-10 06:27 PM
    If he stayed for 180 days and used AC21 then AC21 WILL protect this person

    Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.

    Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.

    Here is the part of memo

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • superdoc
    08-27 01:02 PM
    Guys,

    I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?

    Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.

    Overall the Field Office people were polite.

    Thanks,
    Thun.
    my file has been with officer since aug 1...no news ..and now the #'s are all gone....



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  • waiting4gc1234
    01-10 04:43 PM
    All,

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !





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  • June05
    10-19 11:30 AM
    "What it means that when you apply your 2nd I-140, make sure you request for PD porting as well."


    This is my original question. My I-140 has already been filed - not approved yet - but we have not filed for porting the old PD. Can we not do it at the 485 stage?



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  • dealsnet
    08-18 12:14 PM
    It is not a free service. One year subscription is $495.
    USCIS mentioned about it in every one's denial letter (denied for education), but common people need to pay that amount to see the details. It is not justified, if people don't know what USCIS is referring into. All big lawyers have its subscription. So they guide their clients in a proper way. OP's lawyer screwed him to file in EB2. Even EB3 also difficult, if the advt. is for a US equivalent degree requirement. May be put advt. for a associate degree or non-degree positions with some college studies. For EB3 candidates did not require a degree, if the position advt. says so. But prepare for a tons of applications for that position.

    TWO MORONS GAVE ME RED FOR MY POST. I AM GIVING SOME ADVICE TO HELP THE COMMUNITY HERE. I HAVE GOT MY GC MORE THAN 2 YEARS AGO. MOST PROPLE DIDN'T VISIT IV AFTER THEIR GC. I AM HERE TO GIVE MY AND MY FRIEND'S EXPERIENCE, LEARNED IN A HARD WAY. I DIDN'T GAIN ANYTHING FROM HERE.

    Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?





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  • Dhundhun
    08-05 09:14 PM
    Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.

    H1-H1 couple can support status of each other (H1-H4 or H4-H1)
    H1-F1 couple can support each other (H1-H4 or F1-F2)

    But
    GC guy can't support status if H1 spouse lost job and became out of status
    GC guy can't support status if F1 spouse becames out of status
    GC guy can't bring spouse from home country

    UNLESS SPOUSE/Kids goes through complete F2A visa process (several years)

    It can make life of GC spouse miserable (of course GC guy also). Imagine GC-H1 marriage, H1 out of status after loss of job. After loss of status, H1 spouse has to return, but GC spouse will try to remain in USA for own status and in hope to bring spouse back after getting citizenship.



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  • fromnaija
    02-21 11:59 AM
    what is EVL ?

    Employment Verification Letter.





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  • vjkypally
    09-19 02:45 PM
    Funny:)Friends,

    Those who have US citizen kids Vs Those who dont

    Let us fight :D:D:D



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  • snathan
    06-17 03:18 PM
    This is B*^#S*&^. Take this to an attorney and see if it’s legally valid. I suggest you not to sign as he puts every possible issues and make you responsible for that. I never come across any agreement like this. Normally they ask only for non-competent agreement.

    Why do you care if the client does not pay your employer and why you pay for the recovery. Simply Blood suckers. Tell him that you can not sign as he did not inform you about this agreement in advance and its not fair.

    Thanks





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  • anilsal
    06-23 01:17 PM
    with your PD and phone number too.



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  • immi2006
    08-18 10:29 AM
    Joint Tax filing ?





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  • fromnaija
    09-19 03:22 PM
    Although my H1 and my wife's H4 expires next year July, she got her DL renewed till 2011

    I am in CA.

    Received today.


    Long before REAL ID, I renewed my DL in Arizona and it was renewed until age 65. My wife was not so lucky as she came here after REAL ID and has hers renewed till I-94 validity.





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  • amitjoey
    10-14 11:44 AM
    I guess EB3 will finally cross 2001 barrier in the next bulletin.

    For Eb2, it will be like the new EB3. Just too many cases were filed in EB2 after 2005.

    Good luck to everyone.:)

    What is the use? EB3 had crossed into 2003 last year. Then they moved it back to 2001. Which means that they have a lot of applications pending from 2001, 2002.





    paskal
    01-23 02:33 PM
    it does say clearly that the bill will include provisions for skilled workers....

    we have never quite been the center of attention, maybe that will be for the best, we can only hope :-)





    WeShallOvercome
    07-19 03:20 PM
    Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.

    My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.


    I have my canadian PR approved and have until Octber 1st to land. I hope my lawyer will get the receipt notice by then. I don't want to lose my Canadian PR and will have to travel to Canada before Oct 1st.

    I'll send my employer the proof of my Canadian PR. He kinda already knows that I have Canadian PR and have to land shortly.


    Hopefully they'll give it to me on that request.



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