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  • BharatPremi
    07-10 12:28 AM
    Whether they are smart people or not, a future department of justice investigation will find out.


    http://s202395528.onlinehome.us/category/general/

    However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.

    No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.





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  • canleo98
    06-30 11:10 PM
    http://immigrationportal.com/announcement.php?f=190&a=95

    It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
    __________________
    Rajiv S. Khanna; Law Offices of Rajiv S. Khanna





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  • indio0617
    11-22 10:40 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?

    Thanks.

    Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.

    It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.





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  • abhijitp
    03-05 02:34 PM
    Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!

    On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.

    8 years later, the history is repeating itself.
    500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.

    Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!

    Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?



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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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  • ameryki
    03-17 03:00 PM
    PD Nov 2005 filed in Aug 2007



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  • namecheck3yr
    02-21 11:26 AM
    I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
    1. What is the legal base? No legal base makes it become such a black hole.
    2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
    3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
    4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
    5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
    6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
    7. No transparency, nobody knows how they do it.
    8. Not responsive, you cannot get any meaningful response except those excuses.
    9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.


    retrohatao willgetgc2005 wam4wam & stirGC,

    Thank You for your input. This is very helpful to highlight the name check problem. The problem description and proposed solution by retrohatao are very good. However, just allow me to share a bigger picture. There is no difference between any issue is being categorized by someone to be a sub-issue or if an issue is categorized as main issue. What is important is that the issue is being addressed ....

    willgetgc2005, just so that you know, I am also stuck in name check since June-04 and my 485 is pending since Oct-03. Just like you, this issue directly affects me. No doubt this is a very important issue. As berkeleybee mentioned, this is being addressed and communicated to the lawmakers and CA team did an excellent job in making the presentation to the lawmakers.

    Even though name check delay issue directly affects people like you and me, know that this is not the only important issue. The point is, many people only care about getting to the next stage of GC process. If someone's labor is stuck, that group thinks that labor certification clearance should be the top priority. If someone's 140 got rejected, then that issue should be the only issue on IV's agenda. If someone is not able to apply for 485, then that person wants to make that as the top priority. If someone is a PHD, then that person wants the top agenda should be to get GC to the guy who has PHD and the argument presented to us is - don't you get it, I am a "PHD". The other day there was a group of people including techworker_tn1, helpful_leo etc who wanted to form their own group for PHDs. And now, if someone's name check is delayed, then we say that everybody will have to go through it sometime in the later stage, so this issue should be on the fore-front of the list of issues.

    I am slightly perplexed by the behavior of some members who seems to indicate that we are in some sort of race with one another. And these members seem to send out a message that says - if their issue is not listed as top priority goal then all other issues that IV is working to resolve or all the work being done by IV is worthless. I am slightly disturbed to read posts like the one from wam4wam which says that he/she hopes that bill is not passed till his/her name check is cleared.

    This is a sincere request to everybody. If all that we think about is 'what's in it for me', then we cannot find commonality among ourselves. And thus no progress is possible. Know that with this thought process, nothing will happen.

    IV is an organization made by people like you and me. If everybody's objective is to get to the next stage of green card process, know that we are not behaving like matured and "educated" class that we all claim to belong. Just reaching the next stage of the process is something like looking for instant gratification which actually doesn't help the cause or the complete green card process.

    Most humbly, I would like to request you to post your experiences with how many people you have communicated about the efforts of IV? How many people you have convinced to join IV? What is the success rate? Were you able to persuade the people to contribute for this cause? Those things will help more than anything else. If IV is bigger and stronger, we can together address each and every issue. Ask yourself, how is it possible to continue to include more agendas and not come up with more helping hands and more resources and expect to succeed?

    If you do not see a favorable post or see a post that doesn't contain something that you want to hear, please do not infer that nobody cares or as if no one is doing anything. That post may just express somebody's opinion. I must mention that everybody wants their agenda to be pushed to the top. If there is some sort of a debate from others in the forum, I see that group of people starts backing off and starts posting messages to communicate as if this forum or IV is not doing what it should; Or some people start posting messageas hoping that bill will not pass if their agenda is not addressed.....and on and on. Please let me share that this doesn't help anybody.

    retrohato, Would you like to take the lead on making name check to the forefront and address it in every possible manner? IV needs sincere people like you who can spend time to do each task. We have very good ideas on how to approach this issue and find a solution to this issue. If you could please take the lead on this issue, know that name check is top priority of IV. I would request you to please call us at anytime convenient for you and express that you would like to work on this issue. We need people who are ready to take ownership of issues and are ready to deliver. Would you like to join this effort actively?

    Just so that everybody know, Immigration Voice could include 'World Peace' as one of the agenda items. But just including something as Goal doesn't mean that it can be achieved. To achieve anything that is listed as goals or to meaningfully add anything to the goals we need more serious people and more resources. If you are interested to actively contribute, please call us and we will connect you to the larger group of people to team-up the work for this issue. It is ok if you are not able to participate actively. It would help if you could please encourage others to take up the responsibility. Just because people are not agreeing with you, posting negative or discouraging messages will not help anybody.

    America is a great nation. That is why we want to stay here and want our GC sooner. JFK once said that 'Ask not what your country can do for you, ask what you can do for your country'. One of the reasons why America is Great is because of the people of this great nation delivered what JFK said. We all could learn from this and before making any claim to being part of the American fabric or before claiming to be from "educated" class, maybe we need to stop behaving in way that only sends out the message 'what's in it for me'.





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  • rpatel
    07-24 02:38 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.

    I dont think anyone should make this a personal issue and try to boast that he/she has complete understanding of the underlying issue while make it seem like everyone else is a buffon. The last thing we want here is people turning against each other and calling names....I can understand that in these trying times we all need some form of vindication to keep our self confidence high...but trying to put the other guy down is not going to get you any respect. Now that was the shrink in me...

    I still say whats wrong is trying to get the procedure changed in a way that USCIS will accept I485 form (forget even the EAD) give you a receipt notice and only act on it once the visa number is available. They certainly seem to have some authority in making rules regarding how and when to accept form, as has been seen in early I129 acceptance and concurrent filing issues ?



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  • sroyc
    07-11 04:43 PM
    There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.

    What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?

    They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.





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  • av2004
    06-10 04:09 PM
    Sent e-mail to my senators..



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  • ca_immigrant
    07-13 11:18 AM
    This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

    Indication that EB2 India will get huge numbers...this is just explanation as to why:)



    be ready next month my friend.


    -:)





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  • rajuram
    11-10 10:09 PM
    bump



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  • Green.Tech
    03-05 05:16 PM
    There should have been one more option -

    5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD

    There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?

    That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)





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  • User00
    06-22 12:54 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    PLease advise.
    Thanks



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  • krishjack
    07-03 02:25 PM
    Contributed $100 Yesterday





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  • mail2me_Ds
    09-17 03:03 PM
    When they issue RFE, does the case status online shows Card/Document production?. My status changed to Card/Document production 10 days ago and I did not receive any document or card yet. And the level 2 officer said that my application is still pending?. So I am confused with the online status.



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  • axp817
    05-26 07:12 PM
    Entire state of NH is within 100 miles of Canada.


    No it isn't. :p

    http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh

    The White mountain area probably is within a 100 miles of Canada though.

    Jokes aside,
    I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).

    These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).





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  • chanduv23
    11-14 10:44 AM
    Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.

    I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.

    'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'

    We need some one from her district to call her office and find out.

    We need support from california members on this one.

    Rajuram can call his local office. Rajuram can energize base around him and lead a team. There are a lot of things Rajuram can do other than sit and give orders to others.





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  • actaccord
    02-02 07:10 PM
    most of the Cherry Blossom related rush will be only on weekends. April 4th and 5th falls on weekday so we have to face traffic and rush related to weekday. Also, 4th is Monday which is little less traffic (no to great extend though) due some federal people gets deferred workday. But for sure Tuesday (April 5th ) will be super rush day, all we need to do is plan to get in after morning rush hour and get out before/after evening rush hour.

    Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.

    National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)





    rpatel
    07-31 12:43 PM
    The visa numbers for Indians in EB2 category is 'unavailable' currently. Every month the USCIS estimates (rather guesses :rolleyes:) the demand for visas in each category adds to it their own forecasted work pace and based on some super secretive formula comes up with a cut-off date....as we all have seen this formula is by no means accurate (knowing how it went from being current for all employment based category in sept 05 to unavailable for eb3 indians at begining of they year to the dates moving 5 years for chinese eb2 in a few months..etc ..etc)

    Wouldn't it be nice if USCIS gives themselves a break from the stressful guess work ;) every october and instead of giving cut-off dates, just make eb1-3 'available' for all across the board...then all of us waiting with approved i140's can file 485...get EADs..our wives can work...we can change jobs per will and live happily ever after...May be they can use the data gathered from all the petition received to forecast a better cut-off date for the remaining 11 months...And if they repeat this every year....the most one would have to wait with an approved I40 to file I485 is one year....I am sure lot of guys with pending applications at BECs would also jump on this idea and file new perm petitions...effectively reducing the backlog..if not eliminating it.

    Mean while I am proposing all this in humour and not advocating IV to adopt it in their agenda :) ...so don't start pounding on me just yet...





    Nil
    03-10 09:27 PM
    How abt showing the US govt - what is in it for them?
    If they recapture x number of visas and y % buys a house soon after, it is a win-win situation. They provide solid ground under the feet of LEGALs and the benefactors build on top of that ground.
    A key item will be to get a petition from a number of IVeans pledging to buy a house if they get a green card. If that number turns out high, this will be a good blil-board for our cause.



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