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  • bkarnik
    09-17 11:30 AM
    Done..now on to 6020





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  • sundarpn
    06-01 10:31 PM
    Cool.

    How does one go about writing to the senator's office for an individual's case?
    Can you share how you went about this?

    thx

    Folks - another update on my case.

    As i had been following up my case with the help from my Senator's office, they requested USCIS to give a written decision on my MTR.

    Here is the written decision that USCIS gave

    "On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.

    CONCLUSION: It is concluded that the grounds stated for denial have been overcome.

    ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."

    I hope this encourages people to go ahead with AC21





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  • jackrabbit
    07-17 03:00 PM
    I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.

    http://www.petitionspot.com/petitions/loudobbs
    signed.

    I agree with some of the posters above that suing will bring attention of the individual as well as general publicity as people will analyze our arguments carefully.
    This is one area the IV Core should look at, IMHO

    http://www.suing101.com/





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  • ChalapathiChitturi
    10-30 03:52 AM
    Reverse brain drain will not happen with warning. But it is happening. I know 4 of my friends (Great guys) left US just because of the current immigration issues.

    People might not take decission now, but when time comes, that happens all of a sudden, they will not protest or even inform any one, they just catch the plane. No one knows that it has happend.

    But can you bring them back if you want. IMPOSSIBLE.

    Also Imagin, US is in good situation (not really but OK.), so they are ignoring immigrants, imagin what happens if they want people tomorrow for their survival. With this background, I am sure that they are going to get only JUNK.



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  • purgan
    08-14 05:29 PM
    IV, please either change the title to "Plight of EB3 INDIA" or close this nonsensical thread.





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  • chanduv23
    03-31 02:04 PM
    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.

    It is clear that AC21 supersedes the INA 245 rule.

    Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.



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  • longq
    02-11 05:17 PM
    By doing what you are suggesting

    c) you only benefit EB-2 India/China (at the expense of EB-3 ROW)

    So, you make no difference whatsoever to huge number of EB-applicants (b), and you benefit (c) at the expense of (a).

    I hope you see that this is not a good solution for the majority of EB-applicants. With this kind of cannibalization, the only people who have any incentive to stay with IV would be EB-2 India/China.

    We have to work to increase the size of the pie here, and not engage in a zero sum game.

    This is completly wrong statement. Actually, it is otherway. The EB3-ROW is currently enjoying at the expense of EB2-India and China. It is enjoying not only in this year. It is happening since 2005. If you have doubt, please visit DOS website and anayze the statistics right from 1999 to 2005. Furthermore, all the AC21 numbers (about 150,000 unused visas) that was captured in previous years (1999-2001) that came from unused EB2 and EB1 numbers. Theoritcally, these numbers should have been used to reduce backlog in EB2 first, then it should go to EB3. Since no one cared about this, EB3-ROW was free riding in EB2 numbers despite heavy demand in EB2.

    Everyone knows that EB3 is heavily retrogressed compare to EB2. No doubt about that. The only solution for this is to increse the numbers. Everyone is working hard. However, it does not mean that one should ignore how DOS/USCIS mis-interpertinng the law and doing harm to EB2 Indians and Chinese. No one here is to sacrifice for EB3-ROW. Fighting to eliminate retrogression and understaing the correct interpretation of law and rule is totally two different issues. Please do not confuse between those.





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  • intrudah
    06-19 10:51 PM
    fixed no need to get e-monitional :h:



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  • raj2007
    06-16 01:07 AM
    Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....

    This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...

    My PD is Dec 2005. I have 2 more years of valid H1B visa time.

    Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's

    1) Is my H1 going to be valid after I get my EAD approved?
    Yes h1 will be valid.

    2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
    No you can still maintain both the status. H1 gt invalidated only if you use EAD for other job.


    3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
    I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?

    She can enter on H4 and it is not possible to get I-485 approcal with PD current.

    The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???

    No queries..it is very common so you will be OK.





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  • chicago60607
    09-17 11:33 AM
    Lofgren is offering managers amendment (which includes a comprise with Mr.King and minorities). THIS IS for HR6020 NOT for HR5882. We are NEXT.



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  • eastindia
    01-10 11:49 AM
    Precisely,
    they ask me for monthly contributions and I ask them to hold something big, a rally or something first, as I was not July2007 filer. That's why I am stopping to come here now. To ask for contributions, IV must hold something big,

    How about you do something big like start a rally or sit on hunger strike in DC. I and many others I know on H1B will support you. We are all just waiting for someone to do it because we cannot do it. We all just write good posts and are free riders. But if you are willing myself and my friends on H1B will support you. Go sit in DC on a hunger strike or something and we will all support you.





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  • gsc999
    05-24 05:08 PM
    Clinton and Obama voted for it.



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  • abhijitp
    12-03 01:35 PM
    Is this a legal option for a non profit? If so, I suggest we go for it!

    Here is one scheme I have been thinking about:
    1. Every week members donate any amount they like over paypal
    2. At the end of the week one of them is selected and refunded 2 times his contribution amount
    3. To make things interesting and ensure the scheme "helps" and not "hurts" IV: Change the selection process every once in a while e.g. One week you select the user who has donated an "average" amount, but next week you select the "highest" donor, in the 3rd week you select the "5th" name in the donor's list irrespective of his amount, and so on.

    e.g.
    consider the following players/amounts in a given week:
    user1: $20
    user2: $100
    user3: $10
    user4: $45
    user5: $25
    user6: $50
    user7: $25
    user8: $5
    user9: $10
    user10: $100
    ________
    Total: $390
    Divide by 10 users: $39
    This week's selection process: Select the "average" donor.
    Who donated an amount closest to the average? : user4 ($45)
    Therefore, refund user4 for $90

    What IV received in the process: $390- $90 = $300

    The other BIG question is: what incentive do people then have to sign up for monthly contributions, which is clearly the preferred way of contributing as it helps in planning and budgeting? The answer would probably be "bigger" prizes for those who sign up for monthly contributions!

    Of course... if only people realize there can be no greater incentive than receiving your Green Card sooner/ being able to apply for AOS any time after LC/PERM stage is cleared.... we would not have to care about all these fancy ideas!

    Too bad people can't see what is "2+2" until it is shown as 2*2*2 - 2^2!





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  • vsrinir
    09-17 01:14 PM
    OUR BILL H.R.5882 HAS GOT TO BE APPROVED BY BOTH CONGRESS (HOUSE AND SENATE) BEFORE SEPTEMBER 26TH, 2008 ie., COMING FRIDAY.


    THERE WILL BE NO CONGRESS AFTER SEPTEMBER 26TH.



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  • EB3Victim
    12-18 10:29 AM
    My spouse(H1) and my kid(H4) passports were handed over to VFS today(Dec 18). This is the first H1 stamping of my spouse.Their appointment was on Dec 11





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  • hopefulgc
    03-13 09:34 AM
    could you please post the link to it. I can't find it. thanks



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  • eastindia
    01-19 10:09 AM
    Question to everyone criticizing consulting companies

    If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?

    Will you not want to contact them and file your greencard through them?

    So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.





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  • needhelp!
    12-12 11:09 AM
    I had sent mine a while back. This is the least we can do as individuals.





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  • grupak
    01-30 04:37 PM
    Voted for the question.

    Hope our issues figure in the Presidential debate. Anybody knows more about this Politico publication?





    gsc999
    07-11 04:49 PM
    I will help you. Please send me phone numbers
    Please Pm me your e-mail address and ph number so that I can send you the phone list and explain the data.

    thanks,

    gsc





    coolman
    08-12 09:48 AM
    My parents are visiting us for 3 months.My mother is 66 and father 70.They have got complete checkup done in India and are in good health.I was looking for a fixed coverage for them just in case of any emergencies.Which one do you recommend ? Does anyone have experience using insurance and getting claims with no hassle.
    Thanks