Friday, July 1, 2011

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  • TheOmbudsman
    10-30 09:46 AM
    Good morning.

    Yes, I am. That would be a very smart thing to do.

    Honestly, I don't see why NumbersUSA would use our information to develop a counter attack. What we want is straightforward and should be straightforward. Everyone knows who are the senators who listen to our lobbysts. Don't worry with that. Trying to fight against the desire of the American people and sneak in provisions on our behalf is not working. If NumbersUSA is comprised of 200,000+ very active members, chances are they will demolish us every time if we try to go against their desire. This is not like passing the 80's amnesty anymore. The Internet out there has proven to be a very powerful democratic tool on this. If you add provisions there such as temporary increase in visa numbers (enough to take the GC applicants veterans out of this mess) and similar modest proposals which do not increase the number of greencard significantly and coordinate with NumbersUSA, then we may succeed. Believe me I called IV members when this organization was created to explain this, but no one gets it. Persuading certain lawmakers to come up with the proposals on our behalf is the easy part. AILA has been doing this for a long time anyway. As long as you have the money and connections to do so. I am not taking the IV merit away. I do give them credit for organizing the structure and collecting the resources. However, this is not about credits or discredits. Think about it and figure out who actually blocked S.2611/1934 last year. Hint:It was not lawmakers. Note that we should try to come up with provisions enough to minimize the greencard waiting times, not making the priority current for everyone, although that would be obviously ideal.

    It is a reality that you don't like to hear:The American people, in a way represented by NumbersUSA, are the bosses on this. Trying to fight against is really hard. You need to gain their sympathy instead.

    Regards,

    The Ombudsman
    "Your dose of daily reality"


    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.




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  • subba
    07-07 09:40 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....




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  • rajeev_74
    07-07 10:12 AM
    With H1-B people had some idea that apps might get rejected..in this case it was a total miscommunication....now some people might say miscommunication is not illegal which I strongly disagree...

    When DOS doesnt have a Immigrant Visa available , its just not available.
    DOS made it effective 2nd ,
    "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
    USCIS by law cant accept any applications effective 2nd.

    People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?

    Sir , we are screwed, thats doesnt mean a law is broken


    We need the legislature intervention to make the limit higher.




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  • EkAurAaya
    10-30 03:46 PM
    Sorry if this has already been posted
    _____________________________

    (c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

    � A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and

    � The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

    If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.


    Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9



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  • geesee
    08-18 02:41 PM
    Is it fair to have an EB2 person write - what "a" unfair system :eek:




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  • smuggymba
    07-20 10:34 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.



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  • godspeed
    07-24 03:11 PM
    Same here:
    Service Center : TSC
    File type : Paper Based
    Filed : May 29th
    No update since then:
    EAD Expires 09/08.

    Started to get worried!!! Hoping to get the cards in two weeks else will ask lawyer to look into the matter (Don't know what they can do in this situation)
    GCCovet

    you are aware that you can get temporary ead issued from local uscis office if its taking more than 90 days for ead to arrive?




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  • msp1976
    03-08 01:07 PM
    http://www.freerepublic.com/focus/f-news/1797479/posts

    This is another discussion derivative of Mr Gates testimony...
    All frustrated individuals...This is your chance to use you frustration for something constructive....Please post replies to some of the comments in there..



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  • jsb
    09-11 03:23 PM
    Since now as per USCIS notice of receipt status as of Sep 7, TSC is also finished with July 2 filings. All filings of July 2, no matter where you filed, should have been receipted. Allowing a few days for mail, all July 2 filers should have their receipts in their hands. NSC is way ahead of course.




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  • gc_on_demand
    04-30 01:52 PM
    My guess is Eb3 India will not be current this year. From other Law firm site I observe that we will see mini version of what happend last year so I guess Eb2 I will be current .. ( Not because I am Eb2 ( I ) ) . Eb3 ROW will be C guys soon..



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  • reddog
    06-08 12:50 AM
    Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...


    noob question: your signature states a PD of 4/04 and EB3.
    How can you file your I485 now?

    Am i the only one not up to date?




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  • lasvegas
    02-06 06:35 PM
    I guess, this goes mostly on " intent " basis, they probably don't need a law for this. The word "Permanent resident" itself sets forth its meaning - ie. one is intending to permanently reside in a given country. If you apply for more than one, i think they can question the intent and ask us to choose one because one can not " permanently " reside in more than one place.

    2 cents.


    Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.



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  • dilber
    04-22 04:57 PM
    May Mehul rest in peace.




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  • gccovet
    08-01 11:24 AM
    Applied EAD renewal on 5/29 @TSC- paper baseed, still waiting.....

    I-131 applied in 1st week of June, got approved first week of July (wired!!!)


    Getting worried now!!!
    GCCovet



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  • augustus
    12-03 12:25 PM
    Mehul, After reading your post, I feel very bad for what you are going through and my heart goes out to you and your family. I know nothing of what I say is enough to help you but again, I still say it with the hope that things will turn around for you. GOD HAS HIS WAYS, AND HE IS THE ULTIMATE FORCE IN THIS WORLD. I have often wondered, the chase we chase. The reality is nothing else matters but HIM yet it is so difficult to accept this reality and we chase the materialistic things in him which at the end, every one of us writing here and reading is going to leave behind one day.

    GOD IS KIND, HE WILL LOOK AFTER YOU. PRAY TO HIM, SINCERELY. I suggest you take all the treatments there is and Don't worry you will come out of this. He will protect you and many prayers come your way. I will definitely pray for you and your family.

    Nothing else matters. As per your question, I think consulting your lawyer and then working with him to meet a senator or congressmen to help expedite your case may prove helpful. Both of you can work together so you have a backing. And like someone earlier posts said, make sure your finances are strong and have a family backing in US.

    I will continue to pray for you. STAY STRONG AND SEEK COMFORT IN " HIM " ALONE.




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  • ski_dude12
    09-07 04:33 PM
    We got our receipts today. Mailed out the application on the 2nd - Reached NSC on the 3rd. Receipt numbers are SRC so my case got transferred to TSC.

    Receipts are coming... just hang in there.



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  • sammyb
    11-21 10:42 AM
    Dear Mehul,

    I was spellbound after seeing this thread and going thru it ... It is something beyond anyone's imagination ... as I saw on Ramdev's program and on Astha channel (www.aasthatv.com), Yoga and Pranayama has cured some of the most incurable diseases... I would request you to try Pranayama ... I have the Ramdev�s Pranayama DVD with me ... pass me your address in PM and I will mail it to you...

    I have nothing else to say ... It is indeed a sad news ... I pray to almighty to give you courage and have faith on your believes...

    Sammy




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  • SunnySurya
    08-18 01:59 PM
    What we are asking is just fairness and transparency in the system.

    Though I will benifit if the OP's idea succeeds. I agree with eb3_nepa. We need to do something that will help everyone. Its not fair to seek relief to only some section of the community.




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  • smuggymba
    02-02 01:24 PM
    Good luck!. In my opinion, you need to know following people very well apart from money if you want to lead the same lifestyle.
    1. MLA or MP (Even to get good school admission you need recommendation)
    2. DSP or SP level police officer (to have security in life)
    3. Thasildar level officer (to have your property secure)
    4. Local Dhadha's support (to protect from land acquisition, other dadhas)
    5. Good neighbors, teachers and relatives (to protect our loved ones spouse/kids from emotional attack)

    And of course at least 2 crores cash (half million US $??). I don't have anything right now, so I would love to spend my rest of live here hoping to get GC some day in my life.

    very well said. Nothing is possible in India without "jugaad" and "sifarish". Live there and you'll know. If you happen to be in a police case (auto accident, robbery etc), you'll know how important it is to have links with the police and local politicians, otherwise someone will screw you and you won't be able to do anything.

    No one can help you from where I come in India if you don't know the MLA or police. This is the part that keeps me here......an oh yes...the mosquitoes as someone mentioned.:)




    desi3933
    01-30 05:23 PM
    You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.

    Show me the information on official web site and I will shut up.

    Since you asked -

    Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
    Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    (ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




    SunnySurya
    08-18 02:38 PM
    Thats is true, it is always about me. Want to make it now about "you" ? Then write to ombudsman.
    Who so ever is willing to support SunnySurya read his earlier posts.

    All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.




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