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  • BharatPremi
    03-17 01:33 PM
    1) Labor Substitution
    2) Long EB3 queue and thus switching to EB2
    3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
    4) I-140 approval queue
    5) Name Check queue
    6) Bogus multiple filings filing (To take a chance people pursue multiple
    filings. This generally is done through desi
    companies. In general one valid filing and other
    is worked out for rainy days)
    7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
    husband as principal applicant and other is with Wife
    a principal applicant)
    8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current

    All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
    streams flourished out of frustration or manipulataive calculation to have security net.





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  • sandiboy
    08-15 02:29 PM
    Would rather be interested to see the Processing times update for this month





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  • vin
    06-13 11:21 AM
    thought that the video was quite funny. Now for some one to think that it is true is even more funny

    LOL true. I think the clip must've been made for comedy central.





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  • pappu
    01-16 12:10 PM
    I just updated the profile. Could you please confirm?

    Sorry about making a commitment for only @ 20.00.

    Thanks again for all the effort done by IV Core.
    Thanks.
    We confirm your contribution commitment for $20 per month. Each $20 is important for us.



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  • Legal_In_A_Limbo
    03-10 09:11 AM
    Hi, Did you send the AC21 letter yourself? Can you please let us know the format of the letter and supporting documents you sent? Also, please share the format of G-28 explanation. How was your experience so far? Did you receive any confirmation back from USCIS? Thanks.

    meimmi, we are still working on it.
    might end up hiring a lawyer only for filling AC-21. I know its not a big deal, but still trying to be on the cautious side.

    We also had the same questions as u had and were not able to find anything.
    If you find anything please share it with us also. We are going to file this week for sure.





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  • masouds
    02-15 04:24 PM
    Are you sure this is the reason why they have per country limits :confused:
    Or you dont want that way :D

    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'



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  • desi3933
    01-30 02:54 PM
    Ok.......

    So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?

    NO. You are not out of status because of AP entry.


    From what I understood it is ok to not be working while on AOS having entered on AP.

    Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.

    Example

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.



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  • eilsoe
    03-07 05:32 PM
    well I've realized now that I can't get this thing done in time, so here's my not-so-final-but-as-final-as-it-gets images... :)


    (as seen through a surv. camera)
    http://www.avalon-rev.dk/junk/station2F.jpg


    (as rendered through Max)
    http://www.avalon-rev.dk/junk/station2FS.jpg


    I really wanted to add more to 'em... :(


    oh, well, consider them my finals :)


    wireframe: www.avalon-rev.dk/junk/wireframe.gif





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  • masouds
    02-15 05:09 PM
    US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:

    Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.



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  • mpadapa
    07-01 04:31 PM
    Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.

    IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?





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  • vagish
    04-02 03:22 PM
    this is not the new trend, back in year 2000 to 2003 , when massive layoffs were going on , it has been prevelant since then. Also if this illegal , how about people who got laid off in those years and never went bak home sitting on bench for a year, if you start to fish around, you will find lots and lots of people
    had trouble in maintaining their status in the past.
    Fake resume is the fact which has been there for so many years, be it for masters or for just B.E graduates.

    thanks



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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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  • ashkam
    07-28 08:11 AM
    It's India Pale Ale, not India Pale Beer. Lord Ganesha would be shocked at your ignorance.



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  • Macaca
    07-17 09:24 AM
    I am just re-posting something that I had posted elsewhere. I really think that we have to be professional and mature in our response. Does anyone know how one can go about writing an op-ed in the New York Times?

    --------------------------------------------------------------------------------

    I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.

    Please send email to reporter Robert Pear (http://www.nytimes.com/gst/emailus.html). The email should include URL to authentic URL that requires H1B's to pay ALL taxes.

    The article: Little-Known Group Claims a Win on Immigration (http://www.nytimes.com/2007/07/15/us/politics/15immig.html) By ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) New York Times, July 15, 2007





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  • varshadas
    02-04 08:04 PM
    Well Bridgewater temple did not allow us to distribute flyers. Its against their policy. All we could do is stick the flyer on the community bulletin board and give it to the manager and the Vice Chariman of the temple. I got the telephone numbers of the Chairman of PR of the temple. I am going to call her tomorrow. Sanjay and Ajay are going to distribute the flyers at Metropark sometime this week. Sanjay is going to follow up futher with EBC. Ajay is going to follow up with the newspapers. Rajeev, did you try to get in touch with your local congressman? If not, please do so asap and keep pursuing until you get a decision from them. This actually goes for everyone of us. Please follow up with the congressmen until you get a decision from them.

    Thanks,
    Varsha



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  • rajuram
    11-11 10:43 AM
    WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.

    Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....





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  • alex99
    04-09 08:16 AM
    Please Participate in this...





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  • thomachan72
    07-05 04:46 PM
    Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.

    I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
    Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.





    pmb76
    07-14 12:14 AM
    I think the typo is INTENTIONAL and was meant to get your attention to this thread. I thought it was some congressman/congresswoman with last name Murphy who wrote to Chertoff. Otherwise I wouldn't come and comment on this news. Do you think Chertoff cares about Murthy's letter ?





    willigetagc
    08-23 09:56 AM
    Hi, I hope somebody helps in my dilemma.

    I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?

    Thanks.

    Tricky situation, many permutations. Check with a lawyer.

    But I think if you file for I-140 asap you can lock in the PD. When that becomes current (chances are good if you are not from India/China) you can file for I-485, get your EAD+AP and continue working on the EAD.

    Other option is to apply for a H1B change of status on the FIRST day the USCIS starts accepting applications. If you get approval, then it kicks in Oct 01, 2009. The odds of getting an approval are approximately 1 in 2. On the flip-side, you might have to restart your GC process and get a labor certification first.



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