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  • simple1
    05-04 11:39 PM
    Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.

    Our focus of discussion is ebquota, how much and who is eligible. That is clearly documented in INA.

    INA also clearly describes family based.




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  • gee_see
    10-01 04:13 PM
    There was no discussion on invoking AC21 where the salary is lower than specified in LC. For example wages for LC filed in bay area will be higher than other places and if one wishes to move to work location where prevaling wages are lower compare with original LC location. What would USCIS position on this since AC21 does not talk about work location.

    wage for Original LC location in Santa Clara:- 90k
    New job offer in mid west:- 70K ( much higher than prevaling wages)

    Please comment




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  • diptam
    06-26 04:03 PM
    I have to get the EMP LETTER latest by Friday June 29th from employer.
    For that i have to sign the agreement by June 28th Noon time.

    Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.

    Between 27th Noon and 28th Noon how can i consult a lawyer ??


    I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.

    All depends on the wordings of the contract.

    Please consult a good lawyer BEFORE signing any contract.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




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  • s_r_e_e
    08-26 03:50 PM
    Thanks unitednations.

    unitednations was sharing valuable insight about the H1B denial trend in the begning. Then, every one started dragging him in to useless discussions with all kind of arguments.

    How does it matter now?. Whether the mess was caused by desi companies alone or with the help of some guys who got H1 for their wife , brother, mother and the local policeman who learned SAP in a week, the damage is already done.

    let us stay on the topic, please



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  • GCStatus
    09-15 10:16 AM
    For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.

    An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:

    http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
    http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
    http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness

    Good one Sandy




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  • maag
    05-30 12:12 PM
    Thanks Marty for all the advice.



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  • gcformeornot
    02-18 06:57 PM
    for FP for myself. Dependents did month ago....




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  • bindoke
    08-25 12:38 PM
    take your 485 and 140 receipts.



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  • pyaradesi
    07-20 09:57 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.

    Are you implying every person born in India in the EB2 owes a debt of gratitude to IV?
    Why do people not deserve their greencards? If they followed the law, stood in line, and the government of the USA deemed them fit for a GC what else do you need for them to be deserving? Touch your feet and get your blessings?




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  • dkshitij
    11-17 03:10 PM
    Please contact members of congress by clicking on the action alert below.

    It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.

    ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)

    Please spread the word everywhere for more participation

    Please post on this thread once you have sent the email. Keep this thread up for the next few days.

    In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."

    It should be children born OUTSIDE of US not INSIDE!!!!



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  • Pineapple
    12-11 11:43 AM
    I agree with eb3_nepa

    The fact is that the biggest immediate issue facing the majority of people is Not a green card, it is that they cannot even file for it. Wasn't retrogression the whole reason why people joined IV? GC processing was always slow, and that was a big problem. But it only got to be a critical problem when people realized they could not change jobs and their spouses could not work due to the retrogression.

    Let us focus on the low hanging fruits first.


    ....

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    ... does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? ... Let us seriously think about this solution.




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  • h1techSlave
    06-28 09:05 PM
    Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
    Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

    "Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


    They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?

    Thanks, Walking_Dude, for putting this link.

    As per web page on this link -This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.

    However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.


    .



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  • csvinay
    10-27 12:33 PM
    ok. Assuming BILL pass during the lame-duck session... what is timeline for it take effect? I believe the president has to signed it and it take 90 days from that date to be effective? Experts?

    Any stratergic ideas, if positive news does not come out during the lame duck session?




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  • h1techSlave
    05-01 10:58 AM
    I think this is an unexplored point. Thanks for bringing it up guys.

    I think IV needs to hire a good immigration attorney. May be IV can start a new funding drive to see, if members are really interested this hiring an attorney. The same attorney also can help us by answering our questions.



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  • BharatPremi
    03-27 03:27 PM
    Unless congress change law you are dreaming.. :D:D:D:D

    If my dreams can bring smile to somebody in our furstrated community even for a moment, it is worth to dream..:). kidding aside, I strongly believe this pattern nearly followed by USCIS.. with yes ofcourse a margin.. Yeah, I can't predict that margin..:)




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  • mail2me_Ds
    08-27 04:56 PM
    My date will be current next month. But I got fingerprinting notice, and the appointment is on Sep 17th . Does that means will I have to wait until my FP is done to get the approval?. Please suggest me is there any way I can get my FP done prior to the scheduled date. This is my 2nd FP notice. First one was in Feb 2008.



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  • humdesi
    03-11 11:22 PM
    Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .


    If money is the sole objective of staying in the US, you might want to take a serious look at returning back to India. These days there are lots of high paying jobs in India, esp in software sector. OK, so you wouldn't get the exact dollar amount, but you wouldn't have to pay $400K+ for a home either (except perhaps some parts of Bangalore and Bombay).

    And if you are in the software field in the US, you will have to live with a constant fear of your job getting outsourced to India. Infact I think when the next tech downturn comes (note when, not if), there'll be a job bloodbath in the US IT sector. That's because most companies already know about outsourcing and have offices in India and China. When the going gets tough they'll easily shift everything engineering related to India and China. During the last tech bubble bust, outsourcing wasn't very well known - and even then it was painful. This time round it'll be much worse. It's a ticking time bomb..




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  • jsb
    11-02 10:58 AM
    Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
    .
    Above argument is not fully correct. Someone had posted extracts from the law. Please read that once again, and keep in mind the spirit of the law as well.

    Until 180 days: If I-140 is denied or withdrawn, no GC. Note that you are not required to be working for sponsoring employer prior to your getting GC. There should be only an intent on both parties to establish employee/employer relationship upon getting GC
    After 180 days: I-140 withdrawl has no effect provided beneficiary (you) has another job offer for the same/similar job. No new I-140 needed, if first I-140 was approvable.
    I-140 denied after 180 days: No GC if still with same employer. If new employer (for same/simiar job), new I-140 is needed. If different job new LC and I-140 (keep original PD)

    Bottomline is that there has to be at least one I-140 approved at some stage.




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  • vij
    06-15 11:28 AM
    Receipts only recieved by lawyer? Will benefeciary get any updates?
    I have the same question. who gets the receipts? - only lawyer or both lawyer and benefeciary or both lawyer and employer




    smuggymba
    07-21 10:34 AM
    I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?




    deafTunes123
    09-03 01:47 PM
    Did you change your mailing address after you submitted your I-485?
    Some time they correspond to your old mailing address even though you updated the address with USCIS.

    Did you check with your Attorney? Is the correspondence address given is your mailing address or Lawyers? Some times Lawyers give their address for correspondence to USCIS.

    These factors count where the approved mail goes to. I am sure you might have checked these before. If you over-looked these, then these may be the areas that you have to check on.

    My 2 cents.

    Good Luck.



    I did try to talk to customer care but it was of no help.
    They tell me to wait for 30 days and sometime 60-90days.
    They say you will become actual permanent resident when you get the card The card is important.
    You now USCIS don�t know when they will change their minds.

    To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,

    let�s wait and see


    approved on 8-12-08
    NoWelcome notice Or Card



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