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  • pappu
    04-07 12:57 PM
    I consider it as a rumor. If you see people on other sites spreading panic, tell them to contact their friend's friend and have him/her contact Immigration voice.

    I do not believe that a person who has a house, car, job etc will not be in the right frame of mind to try to come back to USA and will not make any effort. His company, his lawyer will also try to bring him back. He himself will try everything to come back. IV is one option. This is because lot of people contact IV for lot of problems and this is not one of them till now.

    The other day I read a post where someone had to postpone his wedding for 6 months due to this panic. This rumor needs to stop because it may hurt people's travel plans. So please post on other websites so that nobody spreads rumors. If someone is a genuine case then they should contact IV .





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  • gc_on_demand
    11-14 10:52 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    If you are from california plz make a call. Or if you know some one have him/her call to her office.

    We need to keep moving ahead on this one.





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.





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  • suresh.emails
    01-18 11:12 AM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.



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  • ksiddaba
    07-04 07:39 PM
    Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.

    IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.

    The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.





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  • NKR
    09-19 02:50 PM
    You seem to be in this forum accusing me of discussing in this forum?:mad:Great. Get real. If I talk about the facts, it means I am spreading fear? If I stop talking about it, then the situation will magically go away? Nostradamus? I am saying what is in the news. Looks like you are predicting that everything will be fine and rosy. It is a free country. You want to disagree with me go ahead. Don't tell me not to talk about it.
    Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.

    The problems will always be there, if you do not have the same problems tomorrow, there will be new ones. Do we really want to talk of all the problems in this world?...

    The weather outside is good, the sky is bright and clear, there is plenty of sunshine with some chill in the air, soon there will be fall colors, then we will have Christmas and new year, the house market will improve, my son will start speaking his first words�dude, if you look around there are lot of small things that can make you happy.

    As if waiting for GC is not problematic enough, we have to put up with your �sky will fall� predictions.�.



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  • ramus
    07-02 06:13 PM
    Why we just have $300 contribution so far when we have 1500 members online.. Lets put this thred in every thread..

    Pappu, can we put this thread on home page..





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  • prince_waiting
    10-20 03:25 PM
    Choose your pick fellow IVians,
    On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
    On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
    Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
    Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.



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  • Asian
    11-21 10:46 AM
    I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.

    My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?

    Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.

    Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.





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  • hrushi_j
    09-10 03:27 PM
    and will return at 5:00 PM



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  • Dhundhun
    07-12 08:02 PM
    I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, ...

    As I understand overflow is not supposed to be evenly distributed. It is supposed to be distributed based on PD. So overflow make PD of all the countries taking benefit of overflow same.





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  • nomi
    12-12 04:57 PM
    All of the documents in this link are written by
    "Micheal Aytes /s/,
    Acting Associate Director, Domestic Operations
    U.S. of Citizenship and Immigration Services
    Department of Homeland Security"

    I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.

    Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?



    12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable

    http://www.immigration-law.com/



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  • Khujaokutta
    03-10 07:40 PM
    I too agree that the flood gates will open soon...only that the gurkha who controls the gates is opening them so slowly that every bullietien there is no change or miniscule change.

    We need to get the watchman to open the flood gates....:D...otherwise we will be saying this even after one year...that the gates will open soon.....when actually they open so little that its like a RAMSAY horror movie (Bandh DArwaza or something)





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  • pappu
    06-10 03:50 PM
    OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America



    It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)

    and send the message out.


    Please post this link on other forums and mail to friends asking them to join this action item.

    Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions



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  • hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.





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  • paskal
    12-27 02:40 PM
    if i'm travelling TO India and transiting through paris/london
    and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????



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  • speddi
    07-18 10:01 AM
    my application reached texas center on july 2nd at 10.23am .. I called USCIS today and the rep said they didnt enter the information into the system..he said it might take upto 30 days to start giving receipt notices because of the load of applications





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  • GCKaIntezar
    02-22 09:10 PM
    Thanks. I'm going to create a thread under IV Agenda and post.

    One quick request to all members-
    Can anyone bring a laptop with wireless Internet Access so that we can display our efforts online, it will be of great help in recruiting members on the spot. Unfortunately I don't have wireless laptop.

    Let me know if you'll be able to do this.

    Pls post your schedule and location on the the IV agenda thread so that it is visible on the homepage. Urge more NJ members to come to the temple to help you distribute flyers and talk to interested people.They will also have a chance to and meet other NJ chapter members. At least one core member will also come for this and everyone will have a chance to meet and ask any questions.





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  • Nil
    03-17 11:31 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...





    cool_guy_onnet1
    02-20 03:29 PM
    Dude. I am *so* not Ron Gotcher. :)

    He was rushing and didn't give me any specifics for EB-3 India.

    Just don't exhaust this resource and keep it down low.


    Lets wait and watch- Go IV





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    06-11 08:50 AM
    done....me and my wife did it



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