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  • rmscandy2006
    04-08 10:11 AM
    I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
    We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
    When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
    Choose life !! is the better option !!





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  • desi3933
    02-04 01:44 PM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.


    My comments are in blue ....


    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?
    Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    There is no such regulation at this time.

    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    There is no such regulation at this time.

    I mean when do I have to inform USCIS if at all?
    In the event of RFE.

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
    Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally


    Priority Date: Feb 2006


    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • greyhair
    06-10 02:06 PM
    There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.

    What should/can we all do to prevent this from passing? What does IV core want us to do?





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  • ajthakur
    07-14 06:50 PM
    How can you say dates will become current when I send the response.This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
    Good luck.



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  • gjoe
    09-19 11:14 AM
    Good work everybody , you guys have made this rally a great success.

    I brought up this issue of standing out a legal immigrants in one of my posts, but most of them in the forum said they wanted to wear the IV T-Shirt.
    I can help with things to do with psychology or mass communication, please feel free to contact me through PM if you need my services. I am not a trained professional but it is my hobby since a long time.

    QUOTE=gjoe;157591]I would agree with idea of dressing professionally. We need not carry laptops and stuff like that but a neat formal dress would send out a clearer and bolder message about skilled immigrants.
    We are a small crowd ( legal immigrants) we have to differentiate ourselves, the least we can do is dress formally. Formal dressd, organized and well behaved crowd will garner lot of attention (the right kind) and serve the purpose (of the rally).


    Thanks,

    PS: All this advice is based on my knowledge about human mind and social psychology.[/QUOTE]



    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck





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  • vbkris77
    04-06 09:39 PM
    Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.

    http://www.golishlaw.com/statutes/ina212.htm

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession, or

    (II) has exceptional ability in the sciences or the arts.



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  • Legal_In_A_Limbo
    03-10 11:10 AM
    Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28

    coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?

    I will really appreciate that.





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  • jonty_11
    07-09 06:36 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
    text in bold has a GREY area....'plus remaining balance from previous months.'

    They can always say the additional approvals were left over from previous months...



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  • GCard_Dream
    12-13 01:18 PM
    I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.

    Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.

    If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.

    We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.



    All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.

    - IV has indepth explored and studied this option and have found that this change is not possible administratively.
    - we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
    - In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
    - Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
    - If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.

    Hope this explains this topic. Thanks





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  • bayarea07
    08-06 07:46 PM
    Read Post above yours and you will have the answer.

    Hello Gurus.

    My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

    My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

    Appreciate your inputs.

    Thanks
    Mo



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  • gc28262
    06-10 01:01 PM
    svr_76,
    Your arguments are baseless. No company will ever hire an H1B to replace an equally qualified Citizen/Green card holder. Company has to spend a lot on H1B employees on lawyer fees and other complications.

    Anti-immigrant lawmakers are using the excuse of economy to push through their legislations.





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  • sukhwinderd
    02-02 01:58 PM
    i can drive my minivan from zip code 32771 (orlando area). so 6 seats are vacant.
    i can pick up members from daytona beach area, jacksonville etc. if someone is coming from south florida, tampa area they can stop by at orlando and we can car pool from orlando.

    i need atleast one person who can drive at night, cause i cannot.



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  • prinive
    02-21 10:22 AM
    Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...

    Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.





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  • ItIsNotFunny
    10-20 01:47 PM
    Gave you green to keep ourselves up :)

    I also has similar issue. People putting red dots with no messages "." or saying "You Suck".

    One guy dared to put a message "You don't have plan". That person even didn't see that I just tossed an idea to see if people are comfortable for flower campaign. This can get success as a mass only. I didn't tell anytime that I have an exact plan. That was step 2.

    One supreme idiot of earth went one step further saying "None of your business". Come on. If Immigration is not my business then what else is? And why the hell that idiot was also on this portal!

    Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".

    This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.



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  • mirage
    02-03 08:33 PM
    We may not see each other eye to eye on this issue, but any idea is certainly welcome. On the other note I'm certainly going to call lawmakes office and convince them to get this done, you may say we should wait for the right time to arrive but I personally feel, there is no better time than now.
    Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.

    .





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  • needhelp!
    09-26 11:43 AM
    It needs to be already fixed by now!! Imagine how many have already read this and all the DAMAGE it has already done!
    I am so disappointed. I didn't go all the way to DC for THIS!!
    Please continue to press for the fix.
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon



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  • venky08
    08-15 04:27 PM
    yes but they will start processing the applications based on the receipt dates. so if a guy applied last year, he gets priority over last month's people. (that is assuming that his priority dates were current last year from him to apply!)

    also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.


    What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?





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  • StarSun
    02-22 09:13 AM
    Guys,
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".

    HELP IV HELP YOU.

    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!

    VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!

    Members who have accumulated airmiles, please come forward to donate them.

    Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.

    Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?

    If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!





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  • desi3933
    02-03 01:04 PM
    desi3933,
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.

    ....
    ....

    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.

    Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.

    Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    tikka
    07-03 10:49 PM
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    svr_76
    02-18 05:55 PM
    This is for the great aid of the undocument folks....this bill is meant more for them not for us folks...


    Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.



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