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  • kak1978
    06-05 10:15 AM
    Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.





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  • god_bless_you
    02-20 06:20 PM
    http://www.aila.org/content/default.aspx?docid=24696





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  • akred
    07-14 09:21 AM
    I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.

    It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.

    The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:





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  • ck_b2001
    08-23 03:46 PM
    It is an irony that most people here who raised valid concerns have "red" reputation. I sort of agree that we should have posting guideline and if some body is contributing it does not give them right to bash others. All this extra push, inappropriate language and finger pointing is hurting IV in the long run. One reason of IV's popularity is xxxxx members (80 % free riders even if). I agree that this forum is also to discuss your immigration issues.

    Here is what i suggest for moderators, IV Core, Administrators to enforce;

    1) Guideline for posting messages, use of language on this forum
    2) No personal attack in replies
    3) Contribution messages restricted to moderators, administrators only

    No body argues that IV is working for a great cause and i fully support IV and wish best of luck in its endeavors. I joined a month+ ago and may be with time i will be more convinced to fully participte in IV's agenda.



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  • H1bslave
    11-19 03:43 PM
    Thanks for your responses and being good critique (aka Devil�s advocate). Unless we analyze our idea from all point-of-views we won�t be able to make it stronger.
    Thanks for your contribution.


    How about taking out US Masters of all the queues for a while, that will as well speed up the GC process for others. :D:D

    Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.

    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.





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  • n_2006
    05-22 03:49 PM
    I think many of consultants those came here with small companies might not got payment initially until you the project ataleast for few weeks. That period of time is the eligibility for illegal status.

    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.



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  • vghc
    07-25 11:04 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. Don't think too much of this GC thing, it'll never come next month or next 6 months, so stop wasting all your energy on something you can't control. Make full use of your time here. US have lots to offer us if we just let go and start enjoying life. Good Luck!! :)





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  • kaisersose
    08-24 10:42 AM
    I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?

    No.

    There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.



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  • Sheila Danzig
    02-03 03:15 PM
    I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.

    Now you know one. I see a few - maybe 1 or 2 each year. There is a lot of documentation to show USCIS approves this and it should do fine if properly handled with an MTR.





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  • deba
    08-08 01:50 AM
    I am in the same boat. Tho my GC has not been approved yet, I can only suggest that think twice before taking this important decision. If you go ahead and marry right now be prepared for a lot of stress, mental agony, coping with distance etc. I personally feel that this is not the best way to start a married life. I think it would be best to disclose everything to your future wife and her family and go ahead and marry once you have made arrangements that she can visit you on B1/H1/L1 etc or you have made plans to go visit India or be in a third country etc. Good luck and again my advice is not to rush into the marriage at this stage. Take your time and make a final decision after considering all angles.



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  • v2neha
    03-27 04:00 PM
    Team,

    The meeting with Rep. Pete Stark's district director Jo Cazenave went very well. She had a little idea about, but was not fully aware of EB process for obtaining GC, and was impressed with our presentation that explained the process in graphical manner. Jo confirmed that Congressman Stark was against illegal immigration and also clarified that he was all in for high tech legal immigration. She listened attentively and took notes. She showed more interest in knowing facts about provisions of S.2454 and Spector's mark up that would reverse provisions of AC21 and Sen. Fienstein's amendments to these proposed bills. She repeatedly reminded me to make sure to forward more details on these after the meeting. I've sent her these details in the 'Thank you' email after the meeting. As it has been the case with outcome of other lawmaker staff's meetings, she suggested that we agressively meet with as many lawmakers as possible - especially in DC, seek support of big companies who hire EB workers and encourage people to contact their congress reps in case of unacceptable administrative delays. Jo has extended her invitation to members of IV to attend Rep. Stark's town meetings. (The next one to be held on 1st Apr'06 in Newark - details on http://www.house.gov/stark/contact/townmeeting.htm ). She asked my personal experience with the GC Processing and how it has impacted me. She noted down my home address and promised that she will not only convey a picture of the issues faced by EB immigrants to the rep, but also have him contact me via mail for anything he might have to say or ask.





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  • akgind
    07-13 06:19 PM
    Taking up the DREAM Act issue will strengthen the IV cause...by showing how legals are getting short-changed from every angle on the entire immigration issue.

    It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:

    (from the failed CIR)

    � Have maintained continuous physical presence in the U.S. since 1/1/07
    � Was under 30 years of age on date of enactment
    � Was under age 16 at time of initial entry into U.S.
    � Have obtained U.S. high school diploma or GED
    � Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
    � Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
    � Has provided a list of all of the secondary educational institutions he or she has attended in the U.S

    Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic apply for legal kids.



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  • cal97
    12-03 03:21 PM
    Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:

    I got an automated response from ombudsman saying that I will have to fill out a formal inquiry in the form of 7001. That's the form to fill out if you want ombudsman to inquire into your case.





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  • gsc999
    07-10 01:27 PM
    I was watching the program 20/20 on ABC called Myth, Lies and Nasty Behavior today. It was like an investigative journalism program.


    One of the segment interviews Lou Doubs and shows how he is incorrect in his assumptions and how his arguments are faulty. Let the media do the expose Lou Doubs thing.

    The frustration at CNN for airing Lou Doubs is understandable but lets focus on our strategic goals of removing backlog & retrogression.



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  • GCA
    05-15 01:39 PM
    That was a great post from "snathan" and a very touching one as well. Thanks dude.

    I see few comments saying otherwise and even pushing "snathan" to pull back his original post. But the way I see it, "snathan" never adviced or forced it on anyone. There are always good and bad things everywhere and upto the matured minds to see what to take and what not to. But to deprive someone of that piece of advice or information or a story for that matter, is what I would term it bad.

    Well, if this arrived too late for someones current relation, it should definitely help the next one. After all life doesn't end until the last breath.

    Also thanks to Mbhai too. Though meant to criticize, still had the "snathan" posting in quotes. Otherwise many like me wouldn't have had the chance to read his post. Again I am not saying Mbhai and rest others who criticized did anything wrong. They again free to share there opinion but could have avoided pointing directly to someone ( no harm ). All here are matured enought to see whats good/bad and what to take/not.

    No harm intended against anyone in this post. Take it all easy guys.





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  • MDix
    11-04 12:20 PM
    Just got a Call from Hilary :cool:
    EB2-I/C/ROW : Current.



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  • GCInThisLife
    07-19 02:23 PM
    This discussion should scare many many people. I can count so many people just over the top of my head who would have a similar problem.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.





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  • sbeyyala
    12-20 05:49 PM
    This is a valid argument and great analysis work. I am also wondering what will happen to unused EB1 Visas, Please note that EB1 is current for all for a while, Does anyone know how unused EB1 should be distributed? Whether the unused EB1 fall into EB2 for India and China or will they go to EB3 ROW?





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  • kothari_rupesh
    02-22 12:08 AM
    FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.


    I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.

    Have yet to receive my RFE yet, hopefully tomorrow.





    GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





    ndny
    07-25 02:32 PM
    go to top ..please



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