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  • immi2006
    09-26 10:22 AM
    Do you think Lawyers used the rally to further their business and had IV as a front to project that as a H1 CAP increase ?

    1) Lawyers would not do anything for free
    2) At the very best - we need to have another rally in Silicon Valley to highlight
    our cause with immeiate Effect, otherwise, folks can twist it as H1 rally.

    We will have to explicity state Rally for

    Green Cards for tax paying professionals !

    What do you all think ? - Do u think we can mobilise folks for this saturday ?

    We need to keep the momentum high in public than in Blogs and IV site,.





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  • FucTheGC
    06-06 02:44 PM
    My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)





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  • nk2006
    02-19 03:07 PM
    I dont think this bill will survive in house - any bill with a set number of years residence as the only condition will raise the cries of amnesty and can get killed. In the current economic conditions, not sure if Obama administration will take any agressive steps to fix immigration issue - unfortunately they have far more urgent issues at hand. A bipartisan support could have made it possible but any bill which can be interpreted as 'amnesty' will sure raise emotions.

    Having said that - it seems useful (irrespective of if illegals will also get benefited or only legals get benefits) for us - any bill that can potentially take thousands of people from the waiting list can also benefit people with <5 years anyways - so it should benefit everyone. Hell....even if there is a bill that grants greencards after 10 years of legal residence - I am sure it will ease the retrogession a lot (from all the stories in IV, I am sure there are quite a few still waiting after 10 years of legal residence). Whether such bill can be passed in the near future (in 2009) is another matter and I highly doubt it.





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  • nomi
    12-11 02:28 PM
    Quote:
    Originally Posted by god_bless_you
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??


    Yes, I was wondering the same thing.

    The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.

    We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.



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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.





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  • Googler
    04-23 06:32 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler



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  • sanju
    04-22 08:23 PM
    I was the first person in the QnA - disappointed at the intent of this meeting - they really care about illegal immigration - not once legal immigrants were discussed. It was a farce and IV was just used as an organization to show support to him - very disappointed.:mad:


    gautamagg,

    You are the biggest idiot on the face of the earth. You went to the event saying that you represent Immigration Voice. Then you started showing your elitist attitude during your question. If I recollect, your question was:

    You came to US on student visa, changed to H1 and filed for green card. You do not want to live in US but simply want to go back to India after getting a “higher degree”. Since you have declared your immigrant intent, you are not able to change to F1 visa. Stanford and Berkeley Universities are dying to have you as a student in those Univ. What should you do …..

    How the hell do you expect a Congressman to answer a question that is meant for an immigration counselor/attorney? To begin with, why did you even ask such a question in this event? Do you have any idea what Immigration Voice is about? When you are saying you want to go back, why don’t you simply leave? Why the hell is there a need for you to come to a meeting and ask a question that does not represent the problems of the majority and the representative sample of IV members? It would be one thing if your question represented the problem in general. But it is entirely different thing when you come to such event and want to get answers for your question so that you don’t have to pay $100 to an immigration attorney. I truly feel ashamed of being called as “highly skilled” immigrant when elitist like you ask such stupid question. There is definitely something wrong with the selection process of Berkeley and Stanford to select idiots like you. Sometimes, looking at some posts and people like yourself, I personally feel that people whom you called “illegal immigrants” are far better than people like you. And without having any clue of the bigger objective of the meeting and our participation, you are coming here and posting that you are “disappointed at the intent of this meeting”. Boy! you have some nerve. Best of luck with your tunnel vision which is sure to take you places.

    On a different note, Congressman Gutierrez is a true leader. He took the lead in sponsoring COMPREHENSIVE IMMIGRATION REFORM bill. Congress is full of people who do not look at the merit of the issue but simple look at the polls to decide their stand on the issue. Congressman Gutierrez showed exceptional courage and quality of a true leader by sponsoring STRIVE bill. If you don’t know, STRIVE bill has very good provisions to end green card backlog. But of’course, why would you care, you are simply dying to go back and simply wanted to show to the crowed that you are better than others. You have no clue about “COMPREHENSIVE IMMIGRATION REFORM bill”, would you? I would have not replied to you if you hadn't posted your message. But seeing you behave the way you did at the event, and then coming to the forums to say that you were “disappointed” underscores a simple fact, and that is, when IV has foolish members like yourself, there is no need for anti-immigrant groups to do anything.





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  • shreekarthik
    08-02 02:01 PM
    you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"



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  • Madhuri
    10-22 12:05 PM
    Mailed mine today.





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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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  • EkAurAaya
    07-17 12:25 AM
    satysh very well written, but unfortunately i dont think it will make any difference on bigots over at numbers and other anti immigrant sites





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  • sodh
    07-23 03:56 PM
    I had same conversation with my lawyer, got reply as since I-140 is approved recently so don't have to include. Already I-485 applied without employer letter. Please suggest what other options do I have.
    Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.



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  • tonyHK12
    02-17 09:57 AM
    Newsletters - will help reach out to wider public. The desi groceries, movie distributors, restaurants send emails and coupons, toysrus, best buy , etc... send emails, coupons, so many organizations do it and I think IV must do it to.

    This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.





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  • kumar1
    03-16 05:56 PM
    I am impressed to see that our buddy Infinite_Patience_GC is not using F** words today. Good job!


    Infinite_Patience_GC,

    Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.



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  • miapplicant
    09-10 03:25 PM
    Someone please confirm...





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  • frostrated
    08-21 11:20 AM
    I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
    In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
    I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
    It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
    I won't be back.
    It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
    As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
    And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.



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  • retrohatao
    02-07 10:32 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.





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  • BharatPremi
    03-17 02:03 PM
    Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.

    Applicants with PD before January First 2004 will mostly be current by December 2008 end. That is what I belive, USCIS will head towards. If it will not happen than do not kill me.:) Ultimately we all are in USCIS's lap..





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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





    gimmemygreen
    10-10 03:46 PM
    If verified, you would end up in eating ham burger.

    Cock meat sandwich from gitmo





    EB2_Jun03_dude
    04-25 10:08 AM
    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 25, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you." :) :)

    I had a soft LUD on 4/22 and now this :) :).

    Btw: I did not get any email for my wife's case(derivative application) which is pending at the Newark, NJ office(interview done in Feb 08') !



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