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  • purplehazea
    05-04 06:57 PM
    You can consult another attorney if your attorney is giving you this advice. As far as I know, since you have a valid H1B, you should be fine. I would recommend that you file for all your benefits together (485/EAD/AP)

    - I am not an attorney so use my advice at your own risk.





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  • crystal
    01-14 01:43 PM
    i sent the letters





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  • ysnraju
    06-20 11:51 PM
    Yes!! You can work now it self. It is legal under some circumstances please see Murthy website with AC21 FAQ :http://www.murthy.com/news/UDac21qa.html

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.



    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2.





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  • Saralayar
    03-16 09:01 PM
    Let all the members who are here in USA for more than 9 years without a green card unite and make this as an ACTION ITEM for IV Core to consider this. Others who like this idea are most welcome to support this.



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  • gc_on_demand
    08-21 10:54 AM
    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.

    Any big action iteam coming for VISA RECAPTURE FROM IV CORE ?

    should't we start aggressive calling campaign for HR 5882 ? like one we did for sub committe hearing.. or may be big event like rally in DC ..





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  • conchshell
    09-11 01:59 PM
    All the best ... let the campaign go full speed ...



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  • Bpositive
    01-26 04:23 PM
    Emirates through Dubai.....great food. great entertainment. good price. no transit hassles..

    Lufthansa...direct flights. shoddy entertainment. ok food. relaxed on transit visas...

    Jet. Have heard great things about it...no direct flights to indian cities..

    British airways...rude, obnoxious. please boycott





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  • sathesh
    04-01 12:20 AM
    Guys,

    Not sure whether below information is any helpful.

    My Priority date is : July 2007
    I-140 approval date : March 2009
    Processing : Consular

    Today i received a mail from NVC to pay immigration processing fee of $794.

    Does any ones what is this for ? does it help to know the demand ?


    Regards



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  • Canadianindian
    07-09 09:00 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    Smita, you are propogating an incorrect and baseless thought. First, should we not stand up for what is legally ours; be it GC or any other right. There is no shame is demanding what you deserve. Would you not retaliate if a wrong was done to you or your family. The days of British Raj are gone, dear. Grow up and stand for your right, and don't be ashamed.

    Second, all the efforts from this community are making much much noice- as in getting media attention. Even if we don't see immediate benefits, others would. So, think for others and long term

    Third, don't be a pessimist. you don't get arrested for peaceful rallies. There is still law and order in US. And, please do not discourge us.

    Last, please join the folks in rallies and other efforts.





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  • PlainSpeak
    04-04 08:04 AM
    Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish

    You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D



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  • check_rd
    06-24 03:01 AM
    Mine case is labor 06/2002 EB3, I-140 approved.
    Spouse labor priority date is 06/2007 EB2, I-140 needs to be applied.

    Acoording to my lawyer one cannot have 2 I-485's and though i explained that no such return rule he said its a risk and will get RFE and delays and personally does not recommend.

    I am going to check with my wife lawyer on Monday and its well reputed law firm.

    Since we both have stable jobs i am probably going to opt for my I-485 which has been already been filed and just file I-140 for my wife's case. Any thoughts ?





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  • abhis0
    09-26 02:38 PM
    This is the same draft (I just changed the Dear.... senator./congressman/USCIS Assistant Inspector) for each and every email I sent out.
    Congressmen& Senator needs faxed copies with Date and Sign on it.
    Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.

    Did congressman or senator's response sound pomising? I called up USCIS and same old response no data for ur application in our system...



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  • lotsofspace
    01-10 02:23 PM
    If USCIS wants to do bad regulations, they will do it - with or without IV campaign for reform. What is the gaurantee that Michael Aytes will not issue a memo tommorrow restricting job movements further? They always keep doing that every now and then, on their own.

    Given the current volume of changes 350,000 apps, regulations are bound to change, one way or another. Whether you want it or not. If USCIS officers (not the top brass) feel overburdened with EAD/AP work they'll start issuing more, and more, random RFEs, NOIDs etc. to reduce their burden ( passing the burden to you). They also might introduce labor market and other restrictions to reduce the backlog by eliminating all AC21 users. What is stopping them from doing it on their own?

    Evading activity under the pretext of imaginary fears will not stop USCIS tommorrow if they decide to pass tough regulations. By requesting the 'right' changes, we are making sure 'wrong' changes don't happen. For that to happen we need to get involved in the decision-making process and influence the decisions in the right direction.

    Agreed. Positive intervention is always better.





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  • Pineapple
    07-11 01:24 AM
    Please make the New York Times article and the Washington Post article the most viewed and most emailed articles on the site

    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html
    http://www.nytimes.com/2007/07/11/us/11visa.html

    The Washington Post article is truly moving.. All those who sent the flowers, know that it was not a wasted effort.
    Hats off to a brilliant campaign, and whoever came up with the idea...
    DO email the article to all the people you know. That will generate a feedback loop which will propel this campaign forward..



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  • mchundi
    01-01 02:30 PM
    mchudi,

    These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
    This time atleast there will be some democrats to vote for our bill, unless the anti guys find some way of preventing them from participating in it.
    --MC





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  • vkrishn
    08-16 04:59 PM
    Here is reponse from Ombudsman.



    Dear Sir/Madam:



    We have received your case problem. We will initiate a formal inquiry with the U.S. Citizenship and Immigration Services (USCIS).

    We appreciate your continued patience and understanding.



    Sincerely,



    Office of the CIS Ombudsman

    Department of Homeland Security


    Did anybody get the reponse the same way?

    I got the same reply last week. Yet to hear anything from them.



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  • rsharma
    06-14 01:50 AM
    All these may be true. No matter how you convince antis, they won't support any foriegn worker here. They want all of us out.

    Even if authorities bans all these L1s, outsourcing will not stop. On the contrary it will intensify.

    Before the 2001 recession, many companies were reluctant to outsource their work to India or other countries. When recession hit in 2001, many companies overcame this inhibition and started outsourcing jobs in large scale.

    If companies find more stumbling blocks to operate their business, they will find even more innovative ways to overcome those. Remember India is no longer a back office for a low end work now. Many companies have even moved their R&D to India.

    I agree to what you say. The intend of this thred is not to support/oppose the outsourcing/offshoring the jobs. The intent of this thred is the fradulent use of L1s by the offshoring companies.

    If these companies play as per law then there is no issue. Everything is OK in moderation even outsourcing or offshoring. However these companies does fraudulent use of the L1s. They send endless people in L1s. Even if the person does not have hire/fire authority he/she is sent as L1A. General java/Oracle/.net developers are sent in L1A or L1B.

    These people with L1s are placed at client location and they work under supervision of client manager. False names are shown in the chart under these L1As benefeciary when they are applied for renewals.

    These things should be reported and should not be supported.





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  • deepimpact
    09-17 02:44 PM
    Thats very bad news. This means most likely there will be retrogression in November VB.

    Or maybe thats why the dates did not advance for EB2I and advanced only 2 weeks for EB2 C in the Oct 10 VB. Compared to this in the Oct 09 VB, the PD for EB2-I advanced by 2 weeks and for EB2 -C it advanced by 2.5 months.





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  • inskrish
    09-09 12:37 PM
    Several baseless allegations and an attempt to stop HR 5882 bill by NumberUSA: http://www.numbersusa.com/content/news/september-8-2008/vote-expected-wednesday-recapturing-unus.html :mad:

    This is time for us to work together, leaving all differences aside.





    lavenyahs
    05-24 12:10 PM
    My father tried to get a Non Availability certificate but they told since the birth is registered they can't issue one and that they also won't change the name...:mad: (after the incident where that MP tried to sneak people into Canada they are very strict it seems)





    Canadian_Dream
    11-25 01:36 PM
    Two Words:
    Supply and Demand. (and its affect on pricing)
    Cyclic Nature of Real Estate

    The same reason why mine and your 401K is 100K lower than what is was in Oct last year. The same reason why Intel will be selling fewer chips, why people will not drink as many grande latte at Starfucks as they did last year and ....

    This is not the first time.

    Yes, I do agree that we should have some sense of personal responsibility and that is why the middle way is to rent out the house (probably at a bit lower price than your monthly mortgage) and pay the difference from your pocket - if you have to absolutely move out from the house. But, can somebody answer my question above..........why is the same house (not even a brick changed) being appraised at around 100k lower than it was done 2 years back, by the same bank??



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