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  • Alabaman
    09-18 11:23 AM
    ...People who go to IV will be redirected to LIV...

    I think it would do us more good than bad if we change the name to reflect legal immigration. You'd be surprised that politicians and journalists might even use us to argue their postion of NOT being against legal immigration which would be cheap publicity for us.

    I would prefer we qualify it further though... to reflect HIGH SKILLED LEGAL immigrants. HSLIV?





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  • ca_immigrant
    01-20 07:43 PM
    anyone on this ?

    I too have to go in India....in June....

    in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...

    Thanks to OP for posting this !





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  • cooler
    12-16 10:01 AM
    This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.

    I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.





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  • vdlrao
    08-06 02:21 PM
    Its a massive hit even to some staffing comps here

    It afftects staffing companies which ever has more than 50 employees, and 50% of them are not us citizens. Can some one confirm this please.



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  • raysaikat
    05-31 12:18 AM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

    It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

    In this document, "out of status" is defined as what I am referring to as "unlawful presence".
    212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

    * For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
    [snip...]
    It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

    Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


    2)How does USCIS actually track who is employed and who is not?

    They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


    Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

    I.e., you will have no problem at all.



    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!

    My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.





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  • prom2
    07-22 12:02 AM
    New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655

    I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010



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  • sumanitha
    07-12 05:35 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All govt depts. are inter related.
    Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.

    State--> Immigration --> Justice are all same with different names.

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.


    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.


    I dont think whatever you are saying is true...

    State--> Immigration --> Justice are all same with different names.

    Please be careful while you post since lot of people are viewing it.





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  • yabadaba
    06-29 02:30 AM
    i just saw the immigration portal threads...interesting...dont think its too bad tho.



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  • Rb_newsletter
    12-22 02:19 PM
    I just saw this posting in murthy site and thought of sharing the info here.

    MurthyDotCom : 221(g) Visa Stamp is Considered a Visa Refusal (http://www.murthy.com/news/n_221gst.html)

    It looks completely ridiculous for me. Why should it be considered refusal after approval stamping?





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  • bondgoli007
    08-01 12:59 PM
    Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .

    1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.

    2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.

    This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
    Hi chmur,

    Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.

    http://www.govtrack.us/congress/committee.xpd?id=HSJU

    I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....

    All the best IV!!



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  • mdmd10
    08-03 01:31 PM
    My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.





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  • smaram1
    11-04 05:51 PM
    gultie2k....i am happy for you...unnecessary stress for you....good that everything ended up well...



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  • ThinkTwice
    07-11 05:59 PM
    the bay area.

    - SFSU
    - SJSU

    Please post this info for ALL international students.





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  • sportsguy131
    07-31 02:43 PM
    My Grandfather applied for my mom in Family Based GreenCard under First Preference category.

    He filed -
    I-130,
    his citizenship forms



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  • regacct
    11-23 01:27 PM
    Why the Anti-immigrant Dog Did Not Bark in Illinois (http://www.huffingtonpost.com/robert-creamer/why-the-anti-immigrant-do_b_787368.html)

    In the Sherlock Holmes short story "Silver Blaze" the famous detective focuses his analytic prowess on the "curious incident" of the dog that did not bark in the nighttime.

    In the recent mid-term elections there was a similar "curious incident" in Illinois that is important nationally. No major candidate in Illinois from either the Republican or Democratic Party demagogued the immigration issue. Neither the ultra-conservative Republican candidate for Governor, Bill Brady, nor the supposedly "moderate" candidate for Senate, Mark Kirk, ran ads, did mailers, or used talking points about the supposed scourge of illegal immigrants taking jobs or sponging up our tax money. Nor did any major candidate for Congress.

    It is definitely true that a number of the Republican candidates that were elected to Congressional seats hold anti-immigrant positions. But they did not choose to use those positions as wedge issues in the recent election. Why not?

    A possible explanation is that Republicans in Illinois are a kinder, more reasonable group than Republicans elsewhere. That, I'm afraid, does not pass the laugh test.

    You could argue that it's because Illinois has a large immigrant population in general and a large Latino population in particular. But so do Colorado, Nevada, Arizona and California where Republican Party candidates tried to use "illegal immigration" and "amnesty" as wedge issues to galvanize their base.

    It is true that Illinois has a more immigrant-friendly tradition than some of the states in the Southwest. Much of the Caucasian population in Illinois comes from recent immigrant stock themselves - from Ireland, Poland, Lithuania, Italy, Germany, Croatia and Serbia.

    But there is also a more old-fashioned reason. Demagogues and bullies tend to prey upon those whom they consider too weak to strike back. It turned out that in Nevada, California, and Colorado they made the wrong call, since their demagoguery galvanized turnout among Latino voters that defeated right-wing candidates for the Senate.

    In fact, the Latino vote saved the Senate for the Democrats.

    But in Illinois the right didn't even try their demagogic tactics. That's largely because the immigrant communities in Illinois have worked hard over five election cycles to build a muscular political organizing vehicle that gets out the immigrant vote -- and can bite back fiercely at anti-immigrant demagogues.

    In 2008, Jim Oberweis ran for Congress against Democrat Bill Foster on a heavily anti-immigrant platform and was flattened by the Illinois Coalition for Immigrant and Refugee Rights. That experience sent a lesson through Illinois' right-wing political class. Nothing like watching one of their own get scalded to teach others not to touch the stove.

    The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) no leads The New Americans' Democracy Project . This year, 13 electoral organizers worked for months in both the City of Chicago and the Suburbs. They targeted 133,128 infrequent immigrant voters for a multi-contact phone and door operation, and before the election was done the volunteers they recruited did a total of 549,000 live phone calls to their universe of Latino, Asian and Muslim voters.

    This work has been growing in scale and bite since 2002 when it began with no funding and in only nine precincts. At this point the immigrant vote can no longer be ignored by either party. Here are several key lessons from the Illinois immigrant organizing experience:

    1) Consistency Counts: ICIRR has had between 10 and 20 full-time immigrant election campaign organizers every election since 2004. They begin their work in July and work through November, building a "recent immigrant" field operation. In every single cycle they add new skills to their electoral organizing.

    2) Numbers Count: The immigrant voter program has registered over 90,000 new immigrant voters. They door-knock between 35,000 and 60,000 doors every election cycle.

    3) Diversity is Strength: The Democracy Project works with leaders and organizations in Latino community, but also the Asian, Arab, and Polish immigrant communities.

    4) Mine the "Base" and work the "Swings": The electoral work is done in the immigrant "base" Chicago port of entry neighborhoods to generate numbers, but also in swing suburban political districts where multi-ethnic immigrant organizing multiplies the voting power of Latinos. The activation of new immigrant voters in suburban "swing" communities forces Republican attention to immigrant issues.

    5) Reward Friends, Punish Enemies: ICIRR keeps track of who engages in immigrant bashing -- and stikes back. When Republican anti-immigrant candidate Jim Oberweis polarized voters against "illegal immigrants", ICIRR released to the media a film of undocumented immigrants cleaning his business while being paid only $3.23 an hour. When old-school Democratic Mayor of Waukegan, IL attacked "illegals" with local law enforcement of immigration laws, he went down to defeat in the next election because Latinos in Waukegan mobilized to support his opponent.

    6) Naturalize, Naturalize, Naturalize: ICIRR has one of the most aggressive citizenship programs in the nation. All told, an additional 170,000 immigrants were naturalized in Illinois over the last five years. The coalition itself directly assisted over 48,000 of those legal immigrants to become citizens, and thus voters.

    ICIRR is not a partisan organization. In fact, their most recent fundraiser was headlined by the popular former Republican Governor Jim Edgar. But because of the track record of Republicans across the country, its organizing definitely benefits Democrats. In fact, Democratic Governor Pat Quinn - who won by fewer than 20,000 votes -- would not likely have been re-elected had it not been for their work.
    On the policy side, ICIRR works for immigrant-friendly policies, and by any definition they have succeeded in winning some of the most immigrant-friendly policies in the nation at the state level in Illinois.

    The state of Illinois leans Blue, but it has wide swatches of Red. In the recent elections the Democrats barely lost the Senate race and took some terrible losses in the Congressional delegation. But in addition to electing a Democratic Governor, both the State House and Senate remained in Democratic hands. The immigrant vote was critical to these Democratic victories, but it is also a force that Republicans ignore or abuse at their peril. In this election, at least, Illinois Republicans generally had the good sense not to bait the immigrant community.

    In the current environment of racialized fear and polarization against immigrants across the U.S., the hard work of immigrant advocates in Illinois provides two key lessons:

    * Demagogues go after the weak, not the strong. You don't stop anti-immigrant demagoguery through accommodation, you stop it with strength.

    * Nuts and Bolts Organizing works.





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  • bodhi_tree
    12-15 11:20 AM
    I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..

    I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou



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  • eastindia
    05-14 02:19 PM
    It is a very sad story. We people who have legal status feel very very lucky after reading his story. We can only imagine what this poor kid was going tough mentally. He did not have the right to education in college, could not drive and could not pursue his interests. He could not even go back to his country because he did not know anything else other than USA.

    These kids deserve a better life than constantly living a life of fear and hopelessness.





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  • kumarc123
    05-19 11:10 AM
    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.





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  • eucalyptus.mp
    02-17 11:28 AM
    Ok ..
    Now I dont want to change my employer .
    But my employer doent pay when I am on bench . So I may not having paystubs after March .
    Will it cause any problem to H1 extention ?





    Hey Ram GC
    04-08 11:45 AM
    webm: what is the status of your application ( 485), is your NC, SC or fingurprints all clear. Did you speak to any IO about any update on your case as your PD is current ( 01 Oct).





    WaitingForMyGC
    02-28 03:45 PM
    Guys, I have recurring contribution setup thru my bank account but since last 2-3 months my payments are being returned from IV. Any idea, what could be the issue?

    I am sending my contributions to below address

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    Let me know.



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