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  • JalwaeJana
    11-10 10:00 PM
    I agree this is the easiest thing that can be done with out any lobbying effort. Let me know what number to call





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  • desi3933
    07-09 04:42 PM
    Certainty is related to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."

    Would you mind quoting the actual law then?

    Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.





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  • meridiani.planum
    09-10 11:25 AM
    I will update here for those who cannot enter chat


    Right now they are discussing
    H.R. 6598
    the "Prevention of Equine Cruelty Act of 2008

    I will update here once HR 5882 starts

    ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
    some of the priorities in this country are all screwed up...





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  • rajuram
    12-11 10:25 PM
    I got letters with receipt numbers for my wife and I.



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  • va_il
    12-27 01:53 PM
    Munna Bhai
    I talked to Atty Murthy's office about the same issue. They said that
    they had couple of experience where I140 revoked. But USCIS honored
    the original PD. But atty says that its kinda grey area. They could insist
    that if I140 is revoked, new PD could be your change of employement date.
    It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.

    good luck
    babu

    Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?





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  • nojoke
    02-27 08:22 PM
    Noway it is normal..
    When was the last "normal" economic cycle when so many big banks failed...

    Lehman Brothers were 150 years old bank meaning they say great depression and the world wars and survived all of that.. This time it disappeared one morning.

    Citi, BofA,Wells etc are all in trouble..
    Would you believe Citi stock at 3 Bucks?

    And it all started with Housing.

    House prices never go down! Oh yeah.

    "No way. House prices will never go down in California. Certainly not in bay area. Government will do all the magic to stop the crash... Not affordable, doesn't matter. Google stocks will make a lot of rich guys. BTW renting is throwing money away.":D:D:D:rolleyes:
    I love the guys making those arguments.
    Now it is India's turn.
    "No way, India's real estate will crash. It has a huge population and a huge demand for 70 lakh apartments( even though there are only few people who can afford it)".:rolleyes:



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  • mallu
    02-15 04:25 PM
    What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
    Anything published ? Just curiosity ( not questioning any current laws )..





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  • BumbleBee
    08-15 04:11 PM
    Shocking !!!! :eek:

    Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).

    Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:

    Beeeee



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  • prinive
    02-20 04:27 PM
    EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...


    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • stucklabor
    07-24 12:42 PM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

    The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

    Please think through your ideas before posting them.

    Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

    I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

    In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.



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  • TexDBoy
    09-10 03:30 PM
    ya ... at least one issue will be closed by them ... hopefully they discuss our bill today ...





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  • giveme_gc
    10-15 08:40 PM
    1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
    2) Differentiate ourselves from illegal immigrants
    3) Statistics such as taxes paid, contribution to economy, etc will help
    4) Ability to purchase homes, start business, and create jobs
    5) For the sizeable population we are, involvement in crime is minimal
    6) Peace loving people who want to live in this county and contribute towards its growth.



    Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.



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  • coopheal
    12-10 09:28 AM
    EB3-India moved for 15 days. This sucks.

    A movement of 15 days in EB3-I is a good movement. Big movement in EB3 without law change is not possible.

    FOIA for number of cases per country/category will disclose where we stand but this movement also assures me that we are really past Apr 01 syndrome.





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  • srikondoji
    07-04 08:58 PM
    Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.

    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.



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  • masouds
    02-16 12:00 PM
    Don't tell me that If I come from India, I don't assimilate with the local population.

    You don't get it, do you? I've never talked about you. What I am saying is simply this: If you don't limit the number of immigrants from one country, you essentially become a part of that country with the influx of people coming from there. This is what people in America are afraid of. They can't limit the influx of illegal immigrants from Mexico and other latin america countries, and it is becoming a big deal for them, since they don't want to be forced to learn spanish next time they go to a diner.
    Is it racist? probably so. But remember, it is their country; They make the laws. They can make people dance for 5 minutes at ports of entry while they film it and post it to youtube if they like (see recent articles about search and seizures of returning greencard holders' electronic equipment).

    If you support the old colonist and racist mentality , you stand no where. If you are so afraid of competing with Chinese and Indians that you have to refer Black period of American history, then my friend you don't belong on this website.

    And who the hell are you to tell me this?
    We don't represent any nationality here at IV but there is a good population of Indians and Chinese on this website and you don't wanna offend them with your racism. Again there is freedom of speech but you can take your a$$ to some anti-indian or anti-chinese blog if you want to release your bigotry.

    What did I say? What I mentioned was the natural tendency of people of one language and one common background to gather together and stay together, even though the whole society asks them "Please forget your background and become one of us". How is that racist? This law stops the society to become divided into two factions of 'Us' vs. 'Irish' or 'Us' vs. 'Italians' or 'Us' vs. 'Iranians', etc. There have been several waves of people coming to US for whatever reasons; They are just making sure this doesn't happen again.

    This per country cap law is very much like the tax code. If you change it to favor one class of people, you end up screwing everyone else. The current immigration law favors me, so I am happy. It doesn't favor you, so you are (understandably) unhappy. Calling me racist and trying to chase me out of IV is not going to solve your problem.





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  • greencard_fever
    07-20 11:14 PM
    I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.

    There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.

    They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.

    Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.

    Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.

    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:



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  • prioritydate
    12-20 08:42 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.





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  • vin13
    11-12 03:32 PM
    Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?


    To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.

    What if we end up getting response that there is some action needed from Lawmakers to correct law..

    just random thoughts.

    In simple math, spillover happens only when there are left overs. If they were able to allocate visas to fill the quarterly limit(say 27%) then there is no spillovers. But we know that there are leftover visa that can be allocated quarterly not annually.

    We are not 100% sure of exactly how they are allocating. At the least, this effort will help us understand the current process.





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  • divakarr
    07-03 03:44 PM
    just contribtuted $100. Confirmation Number: 8BU10382JA0786747.

    Let's fight.





    mygc2006
    10-16 02:45 PM
    PD is Aug 2002 / EB3 India / I 140 Approved / 485 Pending





    pointlesswait
    07-12 05:05 PM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????