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  • leoindiano
    02-19 09:33 AM
    This bill has no hope to pass as long as it has that free pass for ANYBODY > 5 years.
    Its amnesty when it comes to voting. Who will vote in this tough economy for amnesty....





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  • lazycis
    12-21 06:14 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:

    If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.

    Also, read 8 USC 1255(k)
    (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.



    Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D





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  • alterego
    07-15 11:03 AM
    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.

    Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.





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  • kondur_007
    06-08 07:01 PM
    There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed

    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.

    Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.



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  • laborchic
    09-19 10:47 AM
    The reason there were so many placards was - we were expecting atleast 10000 people to show up and with the kind of poor response we got, we were expecting atleast 5000 and thats why there was 700 banners ordered.

    If we had the magic figure 10000, the impact could have been marvellous. The banner count would have been appropriate

    With 1500 to 2000 - every individual had a banner or a placard or a flag.


    Mark's speech was hillarious - but had very strong messages - THESE ARE THINGS THAT NEED SPECIAL SKILLS - AND MARK PULLED IT THROUGH EXTREMELY WELL. Mark is a pround member of the Tri State Chapter and his contributions towards the cause are amazing

    Robert Sun (LIA) - was good. Well he was praising Indians and CHinese. Nothing wrong - but yes can be more comprehensive in nature.

    We had people from all nationalities - and a lot of people seem to be silent supporters of IV - very passionate about this organization.

    Jay was at his best - He took on Lou Dobbs - Which was the best part.

    The only lesson I would say that we must learn is - low numbers - YES. The turnout should have been atleast 10000 - though 2000 is good. Just proves how selfish those free riders are who can let down your own community who are helping you.

    I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???





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  • kuhelica2000
    01-09 11:29 AM
    Absolutely wrong. Becasue of false 5/6 year experience, the genuine guy with 2/3 years fo experience didn't even get the interview. Misrepresentation in your resume works becuase American system is mostly based on trust. All the places I have worked, no one ever asked to even see my diploma. Becuase, they trusted me. Unfortunately we are taking advantage of this trust and that's why we will be seeing laws to eliminate consulrtng all together because some low ethics like you want credit for doctoring resume.

    Guys,

    I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
    Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
    If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
    I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
    All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.

    Amen!!



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  • abhi_022001
    08-11 02:19 PM
    Count me in too...





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  • praveenat11
    09-24 01:31 PM
    Hi,
    Appreciate ur quick response.
    so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.



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  • alex99
    10-28 06:46 PM
    Please participate in the Poll





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  • sodh
    07-24 10:49 PM
    They are talking about Allien#.
    If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.



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  • GreenLantern
    02-15 08:30 AM
    I want to see how you would go about doing it in a 3D program though.





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  • svr_76
    02-18 05:55 PM
    This is for the great aid of the undocument folks....this bill is meant more for them not for us folks...


    Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.



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  • Googler
    02-20 03:21 PM
    Do you belive this guy?. His name is Ron Gotcher. All he will say is GOTCHA!!!!:D

    But seriously, Any chance of Eb3 advancing this year?.

    Dude. I am *so* not Ron Gotcher. :)

    He was rushing and didn't give me any specifics for EB-3 India.





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  • vina92
    01-16 02:19 PM
    I just signed up for monthly $20.00 contribution.

    Vina92
    .



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  • samy
    11-11 04:47 PM
    Please come up with ideas. Remember - IV core looks at all the posts and get ideas from the forums. You may want to start a thread saying - Lets all put our constructive thoughts about moving ahead with Obama administration here. People can posts their ideas, plans, implementations, strategies ...... and we can all discuss.

    Rajuram - your concern is valid and basically what is happening is - IV now needs some dedicated new generation members who can make a difference. thats how IV has been working from the beginnibg, people come and go - so do admins.

    You can help in this way by opening a thread to share new ideas and strategies.

    Wise words from a Senior Member!

    But people here are not ready for new ideas. They are dreaming that Obama will install a GC card printer and start printing once he sworn in.

    I presented an idea recently, as a temprory fix in these tough times. All I got was couple funny replys that has nothing to do with my plan. Also I got few red dots as a bonus.

    Many gave up hope I believe.





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  • TeddyKoochu
    09-10 10:29 AM
    One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
    USCIs shouldn't say they don't have this data and we shouldn't say we never requested this

    With the data we may come up with an exact figure (Let’s not spend IV resources for that) but ball park approximation range of 100-120K for EB2 I/C and similar for EB3 ROW indicates that it’s a very tall order for them to be current any time soon even with the most optimistic and lofty assumptions. What I intended to indicate is that the real issue is the per country limits there should be equality within all categories (PS - I have nothing against my friends from ROW). Elimination of per country limits is a must for any kind of fair play, the EB2 spillover will all evaporate once the economic climate improves and for the retrogressed countries there won’t be much of a difference between Eb2 and Eb3 once again, this certainly will happen in the next 5 years before either EB3 ROW or EB2 I/C become literally current.



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  • gc_lover
    07-18 11:29 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.

    I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.

    We will just have to wait and see till our checks get cashed!





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  • onemorecame
    10-05 01:21 PM
    Congratulations�





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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





    invincibleasian
    01-27 10:19 PM
    The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.





    amitga
    02-08 03:26 PM
    What a waste of numbers.



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