Saturday, June 18, 2011

swarm of butterflies

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  • CADude
    02-20 06:32 PM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?





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  • franklin
    07-02 11:16 PM
    I strongly believe that the little funds that IV receives should be used for more productive means than spending even more money on a website.

    Maintaining a website that multiple people go to isn't going to get us very far at all, other than answering the same question multiple times. Using that money to pay for a lobbying firm, or trips to DC, or media coverage is way more productive and is far more likely to get actual results.





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  • varshadas
    02-08 08:23 PM
    Its OK either way. Everyone is not needed. It does not matter if you are not from the district. If you can't make it, don't sweat it. Hemal is coming. Two of us should be OK.

    Btw, what happened to the flyer distribution at Metropark?

    Thanks,
    Varsha





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  • desi3933
    01-30 02:43 PM
    I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.

    Please comment.

    You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.

    Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • sunty
    03-09 01:04 PM
    July '09 Bulletin will be full of surprises..(at least for EB2 folks)..





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  • Other bugs hatch and swarm.



  • immique
    07-13 02:03 AM
    the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.

    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input



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  • unitednations
    12-21 10:48 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:



    I had written about this in the past. When I went for local office interview; he had requested all w2's and tax returns from my initial entry shown on g-325( LAST ADDRESS OUTSIDE USA FOR MORE THEN ONE YEAR) which was 1999.

    It said prove that you maintained status on each entry.


    Now: i didn't have any issues but I was pretty upset that officer was going way outside the law and testing periods that he wasn't supposed to. My date of last entry before filing 485 was December 2002 and he was requesting 1999-2006.

    I did inform him that he wasn't supposed to ask for this as it was outside the law. However; what I gathered is that although 245k does have some significant protection for everyone; uscis tries to go other ways in catching/snagging you. Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.

    The feeling i got from my interview is that is what he was exactly trying to do.





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  • chanduv23
    07-13 01:57 PM
    A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
    DONT WASTE TIME ON NEGATIVE ENERGY.

    http://immigrationvoice.org/forum/showthread.php?t=10086



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  • A swarm of utterflies seems



  • vkotval
    12-28 03:01 PM
    Just wanted to share this link with you all

    http://www.murthy.com/news/n_analys.html





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  • gcbeku
    08-10 03:35 PM
    I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.

    While porting is still an option, it is in EB3 filers' interest to push forward on this idea.



    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile



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  • A swarm of utterflies visited



  • coopheal
    02-09 01:07 PM
    See USCIS has also predicted EB3-I PD to be in Jan/Feb of 2002 by End Sep.
    This is consistent with what USCIS's release data says as well.
    It is available on wiki at EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)

    Cumulative count till Feb 2002 is 2349. So in rest of the year (9 months since Dec data release) all these people should get visas. If they do not get again there is something wrong.





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  • nc14
    10-19 11:03 AM
    Sent mine on Saturday.

    Keep this going folks we need to help ourselves.



    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    11.
    Question: We have a number of date availability questions. They are:
    a.
    What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
    Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
    (OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.



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  • snathan
    02-24 12:17 PM
    i'm on L1B visa.I came to US on L1B in 2005 with one year petition and got extension
    for 3 years. meanwhile i left to India in June 2007. And then i came back with new L1B petiotion in Oct 2007 which is valid till Sep-2010.Now my question is

    1) Is my L1B stay reached to maximum or do i still have 2 years left with my new L1B.
    2) If i apply for H1 this year how many years of stay i'll get with H1B.

    Please help me with this madam as soon as possible.

    Thanks in Advance.

    If you apply for H1B, you will only whatever left in L1B and not six years.





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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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  • Butterfly Swarm Attacks Man



  • IMGPAT
    05-05 02:57 PM
    no





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  • dagabaaj
    09-28 04:39 PM
    Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.

    The point here is that, is the EU a greener pasture than the US?
    IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
    The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.



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  • unseenguy
    08-22 09:03 AM
    luvschocolates: Ignore what everyone has said and do exactly what is written on RFE you got. If you do not do it, your 485 will be denied and you risk deportation if you do not do what USCIS has asked you to do. They are very powerful and I hope you understand this.

    If you are not able to afford it by money there are volunteer organizations that will do the medical exam. The medical exam will cost about 300-400 $ but you can reduce the cost by taking shots at public hospitals/facilities and by taking help from volunteer support organizations.

    Also if the family of the person you care for really loves you, they have to understand that this is the cost of keeping you to take care of the person. So they have to pay. I know you dont want to ask them for money, but talk to them , they might be willing afterall.

    You also need to prove evidence of valid entry. Do you have a copy of your original boarding pass , airline ticket etc? When you entered US through airline, they would have given you a green I-94 W card. A small green card to keep as a proof. Do you have that? If so send in the photocopy of that. If not , for the nerdy institution USCIS is, your chances are slim, so you will need to consult an attorney.

    Again, there are volunteer organizations that help people who can not afford costs. They should have local presence wherever you live.

    Do not listen to the mean attitude of guys on this forum, let USCIS be the judge on your case and not the guys on this forum.

    Now hurry up and start getting the paperwork done. You do not have much time to respond.





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  • WeShallOvercome
    08-17 05:47 PM
    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.


    Well, First let me tell you that nothing in USCIS makes any sense.

    Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.

    Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...

    As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.

    Anything is possible here dear !





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  • hopefullegalimmigrant
    06-12 06:04 PM
    Sent





    Suva
    03-12 10:26 AM
    I support this.

    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...





    ajju
    01-18 08:01 PM
    Based on your state law, you may be required to carry your original DL and not copies.


    I was talking about copy of EAD instead of original card.. But you made a valid point that EAD is not proof of immigration status... But then what is proof of Legal Status?? If you are on EAD.. you may not've H1...

    Also carrying original EAD all the time is not a good idea... If you lose it.. it will take months to replace it... Not sure if during this.. you can work or not... Personally I was asked to show passport only once.. when driving through Texas by US Army... Within your state it may be okay if your DL is close to real ID... But still this is a confusing topic...



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