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  • kumar1
    11-10 11:40 PM
    PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.





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  • shantanup
    10-28 01:44 PM
    Finally, notarized and faxed the letter today.





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  • qualified_trash
    12-27 07:02 AM
    Let us consider this in the context of what happened in this country on 9/11. Almost all of these rules were implemented post 9/11. There is no use crying over this. IMHO, we are paying the price for someone else's mistakes.

    We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.

    As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........

    Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))

    And finally, it is good to see a bunch of new members on the forum :-)





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  • dhesha
    03-20 11:54 AM
    http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

    Can we all file a combined group problem here?



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  • greatzolin
    08-15 04:18 PM
    They should have continued down to EB3 w/ those dates..!





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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik



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  • Googler
    02-21 12:52 PM
    Can the mods please split off these posts about porting to EB-2 to another thread? People who want to discuss converting to EB-2 would you please start another thread, so this one can be devoted to spillovers, visa cutoff movements etc?

    Thanks!





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  • newuser
    04-20 03:25 PM
    I will be able call after 6:30 PM EST.



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  • gauravster
    05-26 05:40 PM
    This border patrol authority applies 100 miles from International border. Guess what, most of US population is in that region, all of NJ, MA, most of CA, etc etc as all are within 100 miles from the border (including the sea border, which marks international maritime border). Though not normally done, Border Patrol can set up checkpoints anywhere in this region. I remember reading in depth of this ridiculous rule sometime back.

    Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.


    http://www.usborderpatrol.com/Border_Patrol608_2.htm





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  • GT7481
    07-23 08:46 AM
    Assumption : You applied for H1 B from India before comming to the US in that case you did not submit I 94.
    Yup you can work on your new H1 B from oct 07 with out going back to India, you can think about auto revalidation(canada/Mexico).

    GT7481



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  • Jaime
    09-13 03:52 AM
    Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)





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  • msgrewal81
    02-19 12:11 AM
    If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.


    Dear (Congressman/woman, Pres. Obama):

    Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.

    1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.

    2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.

    Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.

    Kind regards
    (Your name)

    https://writerep.house.gov/htbin/wrep_save

    http://www.whitehouse.gov/contact/


    Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....



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  • sirinme
    10-21 02:45 PM
    I just sent mine.

    - sirinme





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  • sunny1000
    07-24 10:18 AM
    my lawyer says the same thing..no employer letter needed for concurrent filing...do't know what to believe...Pappu, can you please post the link to the USCIS memo, if you have it?

    Thanks much.



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  • optimist578
    01-31 01:44 PM
    If one gets an H-1B approval now (Jan/Feb), can he start working right away? Or does he have to wait till the start of fiscal year, October?





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  • crystal
    07-02 10:00 AM
    Currently Active Users: 1800 (489 members and 1311 guests)
    Most users ever online was 1,801, Today at 09:58 AM.



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  • singhsa3
    02-21 02:41 PM
    Assuming you are right then,
    average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
    Now assuming this year the demand would be close to average then. It leaves 14K for EB2
    Implying 12/2003 dates movement is very likely as 14k>5k (your number)
    I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.

    Column 1: PD
    Column 2: Nbr. Of EB2 India pending from
    Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
    Column 4: Cumulative EB2 India pending

    2000-01 0 - -
    2000-03 0 - -
    2000-04 1 15 15
    2000-06 1 15 30
    2000-08 0 - 30
    2000-11 1 15 44
    2000-12 0 - 44
    2001-01 0 - 44
    2001-03 1 15 59
    2001-04 3 44 104
    2001-05 2 30 133
    2001-06 6 89 222
    2001-07 3 44 267
    2001-08 1 15 281
    2001-09 1 15 296
    2001-10 6 89 385
    2001-11 2 30 415
    2001-12 2 30 444
    2002-01 5 74 519
    2002-02 4 59 578
    2002-03 1 15 593
    2002-04 3 44 637
    2002-05 11 163 800
    2002-06 7 104 904
    2002-07 5 74 978
    2002-08 5 74 1,052
    2002-09 5 74 1,126
    2002-10 14 207 1,333
    2002-11 16 237 1,570
    2002-12 11 163 1,733
    2003-01 13 193 1,926
    2003-02 12 178 2,104
    2003-03 20 296 2,400
    2003-04 13 193 2,593
    2003-05 16 237 2,830
    2003-06 17 252 3,081
    2003-07 22 326 3,407
    2003-08 18 267 3,674
    2003-09 18 267 3,941
    2003-10 29 430 4,370
    2003-11 17 252 4,622
    2003-12 18 267 4,889
    Total 330 4,889





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  • deepakjain
    06-08 06:32 PM
    Do not abuse me...for this post.

    2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....

    Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.





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  • ita
    09-10 11:09 AM
    I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.

    Thank you.





    kandhu
    06-10 04:55 PM
    Done





    bang
    10-16 10:42 AM
    Please participate in EB3 PollSee my details in Signature



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