Saturday, July 2, 2011

Lovers Holding Hands Sunset

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  • senthil1
    07-28 01:20 PM
    Problem is not with compaign to get more spill over visa for EB3. Can you impress USCIS/DOS to get this done. What support EB3 has outside(like companies,lawyers) for this compaign. EB2 supposed to have more skills than EB3 according to DOS/USCIS. So if you argue that EB3 and EB2 are same then they will not accept it. If you impress somehow they will just investigate the entire EB process and try to find the truth. That time many other issues may come up.

    Also if many persons think that EB2 and EB3 are the same level then it makes sense to combine both and add the numbers. Will it be possible? Point system will resolve these issues but that also was not welcomed by most IV members when last CIR was in discussion

    Anyhow if all EB3 persons send a letter to DOS/USCIS EB2 persons are not going to prevent it. But wordings in the letter should be careful such that it should not create a problem for entire EB process.


    What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.

    All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?

    Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!

    EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.

    EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.

    The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!




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  • gc_chahiye
    09-28 04:33 PM
    If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.

    for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.




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  • gclongwaytogo
    10-12 03:29 PM
    Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
    Sent to NSC on july 2nd. Received by them on 3rd.
    Had LUD on approved I140. (Transferred to TSC)
    RNs start with LIN!!!




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  • bestofall
    11-17 03:32 PM
    Sent the email to FL



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  • pappu
    05-13 03:53 PM
    Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.

    There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.

    By becoming the donor,
    - You will gain access to IV plans and updates.
    - You will be able to easily communicate with IV leadership.
    - You will be given access to IV conference calls and participate in the discussions.
    - If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
    - By being a donor you are helping IV continue this effort that benefits the community.




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  • desi3933
    07-10 12:54 PM
    @desi3933:

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.

    Where did you read that requirement? Assuming, again?

    A self-employed business is always real.

    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf


    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ......

    what does this mean?
    confirm that the new employer and the job offer are legitimate

    legitimate means bonafide. Isn't it?
    For both, new employer and new job offer.



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  • rockstart
    08-20 08:59 AM
    My final update on I485 journey

    PD: Feb 27, 2006
    Class: Eb2 India
    Service Center Texas
    Filed Aug 10th 2007
    RFE Aug 16th 2008 for Birth Certificate
    CPO email Aug 4th 2010
    Decision email Aug 5th 2010
    Approval I 797 letter in snail mail Aug 9th 2010
    Post Decision Activity email Aug 11th 2010
    Soft LUD on I 485 Aug 12th 2010
    Welcome Letter in snail mail Aug 16th 2010
    Physical Green Card Aug 18th 2010

    PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.

    Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.




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  • ”Holding hands remains a sign


  • GCBy3000
    05-02 02:47 PM
    Hm....

    Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
    Technically under which conditions and criteria Eb1 and Eb2 would be applicable?



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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.




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  • GCwaitforever
    12-12 06:17 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.

    On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.

    Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.

    Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".

    There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.



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  • tonyHK12
    02-24 01:45 PM
    thanks seshadr, hsingh82, rbusgc

    Total Contributions...........$8,625.00
    Amount to be raised.......$41,375.00
    .
    .




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  • buddyinsd
    08-25 05:06 PM
    What about ur case? Is that assigned to an officer as well?

    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.



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  • pd052009
    02-04 10:58 AM
    I hope many people will contribute when the days are close. The sad part is that they do not realize that IV needs to know the collection amount details in advance to organize a mega event.
    50 thousand members and only 10 people contributed?

    Shameful. If this is the situation, will IV cancel the event?




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  • satish_hello
    08-13 10:53 PM
    Hi all,

    My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.

    I am seeing people are getting filed on july2nd.

    I will update once my check cashed, pls. kep the updates.

    -satish



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  • laborchic
    07-11 10:11 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



    This one was the best... Where did this come from??




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  • EndlessWait
    04-16 12:07 PM
    after filing 485. is it complicated?



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  • rajesh_kamisetty
    07-04 08:05 PM
    Mine reached on July 2nd 10:30 am. I really hope they don't send my application back... and slip in through this process hahahahaha

    bibboy,

    I appreciate your contribution to IV..

    BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.




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  • snathan
    04-20 10:19 AM
    Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.

    1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
    2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
    3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.

    Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.

    Be bold and do this.




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  • zoooom
    07-20 11:44 AM
    Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
    Pl. let me know how to send the amount coz your post clearly says
    "do not pay it directly to the IV core funds, yet"
    (so far contributed $100 to IV)
    Sure will let you know. Please check back the thread on monday for more details...




    anzerraja
    07-20 12:18 AM
    Thanks !


    I pledge $100 for this cause also.

    Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.

    I am sure God will bless all of you with a timely GC :). Best Wishes again.




    Macaca
    07-20 08:41 AM
    Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.

    I can not believe that you have such short memory. Does super ASS msyedy ring a bell?

    msyedy had no guilty feeling AT ALL. He was standing by principles. Go figure!



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