Friday, June 24, 2011

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  • mhathi
    09-10 05:04 PM
    Just contributed $100 towards the rally! Me and my wife are grateful to IV for their leadership on this issue. GO IV GO!

    Mhathi.




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  • acecupid
    09-13 01:16 PM
    Hi All,

    My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.

    Thank you.

    Wow!! Congratulations.... That was very fast indeed. Good luck with the rest of the process.




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  • eager_immi
    11-21 10:01 AM
    Mr. Carbon,

    Can you please e-mail this to Lou Dobbs of CNN.

    -Kaka
    Lou Dobbs are you kidding me!!! By now all should know he is not a journalist he is a propagandist. He does not read to expand his horizon he uses a cookie cutter approach to fit everything in his grand scheme of propaganda "the plight of the middle class." So please don't waste time and channel your energy elsewhere.




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  • vparam
    09-14 03:36 AM
    Just can't work for it without a H1B... :)

    jazz
    If you have a EAD then you need not have a H1B to work for your own LLC...



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  • JunRN
    10-03 11:18 PM
    I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.

    Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.

    With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.




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  • Hassan11
    07-20 03:14 PM
    I believe the majority ofthe IV members are from Indian origins. they should contact the Indian community that donated money to Hilary and ask why she voted against legal immigrants. she is preparing for her election compaign. I am sure she will answer or at least she will know that we are following her votes against us.

    COME ON GUYS AND GIRLS. WE NEED TO DO SOMETHING NOW

    Lest contact USINPAC!!!!!!!

    Lest see what they can do...



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  • Kodi
    06-21 11:00 AM
    I checked with my lawyer today. They only received 2 approvals since January.:eek: This is pathetic.




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  • pappu
    08-24 07:59 AM
    If there is abuse of the system, then people should go ahead and complain to USCIS WITH PROOF. Writing hearsay stories on the forum without proof will not help solve anything.



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  • immm
    07-18 06:13 PM
    Now we can take the thread back to the original issue Order Of I-485 Processing.

    Back to the original thread

    With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
    Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month

    So the question on the table is:

    How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?

    .




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  • Green.Tech
    06-05 12:42 PM
    Just reinstated my $50 monthly recurring contributions back :)

    Excellent! Thanks chanduv23...

    Keep'em coming folks...



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  • fightforit
    04-30 03:06 PM
    I faced a similar response when I called Senator Scott Brown's office. His staff member categorically stated that he is against amnesty, but is 'sympathetic' to the cause of legal immigrants. I explained that as members of IV, we are working towards legal immigration reform since the process is stagnant (without trying to diss illegal immigrants). Its an awkward situation trying to separate the two...but I think we really need to.
    However, my greatest fear is that even though legal immigration reform may garner bi-partisan support, who in Congress will take it up on its own if CIR gets shot down?? Legal immigrants are in much smaller numbers than illegal ones..and will anybody take up our cause without the other?




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  • niva
    09-10 03:10 PM
    My second $100 contribution towards the cause. IV! Keep up the great work.

    Google Order #876958642840461



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  • funny
    09-12 01:44 PM
    At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?

    I am in too...How can we organize all the members...70,000 is a lot of people, Any thing done effectively and efficiently will make an impact.




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  • singhsa3
    09-11 05:10 PM
    See http://immigrationvoice.org/forum/showthread.php?t=15443



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  • somegchuh
    01-03 03:35 PM
    I think this is a really complex issue. We go thru a lot of thoughts now and then.

    When I think rationally this is what I am concerned about:
    1. Social isolation from family (brother/sisters/extended family) in the long run.
    2. Inability to support aging parents.

    The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.

    The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*




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  • WeldonSprings
    05-02 04:15 PM
    I know everyone has looked at the Visa Bulletin. Here is a quote from it-

    2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

    So, don't you guys think that there more than 140,000 visas can be given away, if need me as it is this moment. So, I don't understand the retrogression???


    It really appeared to me that by the way lofgren asked the questions, and her comments (So recapturing is first step, She mentions "i will let the co-author know that you like the bill to uscis/state dept officials" etc. See the video again if u missed it out) makes me think they will go ahead and introduce in house for voting. What happens in the house is upto your speculation. Lets cross the fingers and wait for updates.

    by the way they have 5 business days to ask any questions or clarifications which will end on Wednesday, So until then lets sit tight.



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  • MDix
    08-22 09:32 PM
    Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.

    E21(EB2):

    5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
    (A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
    Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
    (i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
    (iii) A license to practice the profession or certification for a particular profession or occupation;
    (iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
    Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
    (v) Evidence of membership in professional associations; or
    (vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 16
    (vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
    8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
    Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
    Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
    6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
    7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
    For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
    Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
    Page 17
    8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
    The duplicate




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  • desi485
    11-25 07:21 PM
    Sir,
    Thank you for your response. Is it normal to see an LUD on the 140 (approved) as well, when the G-28N is sent in?

    Thanks,

    Sharing what I read on IV - some members reported their 140 status reverted to 'pending' along with a recent LUD when their ex-employer revoked already approved 140. In your case, status is not changed. Keep an eye on status. Hopefully, CIS will not do another wrongful denial, crossing my fingers. Best Luck bro!




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  • vkannan
    03-12 10:19 PM
    I know someone with PD EB3-I 2003 March who got his GC today.

    Come on now, dont create another rumour....our brothers in EB3- I 2003 would all be excited ....but after few weeks they will know the truth and get disappointed.....Just think practically whether this is possible....

    One example....just think....a week before April Bulletin was released.....there was lot of positive thought/wibes going around thinking EB2/EB3-I india (due to LUDs) would have a Huge jump forward.....well, everyone knows by now.....how it all went..........




    desi485
    11-14 04:01 PM
    I went thru' both links posted above in thread.

    It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.

    According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.

    According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.

    What is correct? Both are 180 degree opposite to each other? Any one?




    supers789
    07-18 08:00 PM
    Since most of the crowd will file 485 now and will get EAD, I was wondering, if IV will still be putting efforts to make the PD current, or to get the option of filing 485 even if PD is not current?

    This will help those -
    1. who are stuck in BEC and could not file 485
    2. who changed jobs after seeing no movement in PD for months, and labor is not yet filed or approved by new employer.

    I am one of them.. and was wondering if there are chances of getting EAD for us. Or we will be employer dependent always.. until .. forever...

    Thanks!



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