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  • jaocanada
    06-10 08:29 PM
    Sent.





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  • Green4Ev1
    05-26 05:05 PM
    I wonder what are the required documents for America born citizens if they don't have passports. Just a driver license? or they have to carry birth certificates always?





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  • GCScrewed
    07-04 11:06 AM
    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

    I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.





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  • abhijitp
    07-24 07:59 PM
    Folks,
    Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.

    I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.

    My worry is what if i don't even get a RN and get a reject?

    It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:



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  • prioritydate
    12-20 07:42 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).





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  • imh1b
    11-12 04:26 PM
    If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.

    WRONG.
    YOU are an EB2 India guy for sure and your PD is close.

    If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.

    EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.



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  • redindian
    07-16 07:00 PM
    I think we need to counter act and stop this kind of False Propagandas
    Core Team Please draft a Letter in accordance to this we will all send Web faxes...
    Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..

    Again it is my personal view..


    the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.

    i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas





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  • vine93
    11-12 02:36 PM
    Vin13

    Thanks for nice draft. I can take initiatives at my state.



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  • makemygc
    07-05 12:29 PM
    I just contributed my first $100.00. Go IV!
    Thanks map_boiler.

    Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.





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  • jayleno
    07-13 11:57 AM
    Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
    Source please... or are you just kidding ?



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  • solaris27
    07-12 08:33 AM
    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:


    I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
    104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.

    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.


    The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.





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  • bpratap
    02-11 07:35 PM
    If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.

    Does his Visa number go waste or it will be re-used for another case.

    this is with presumption that the cases are pre-adjudicated



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  • komaragiri
    08-09 12:25 AM
    I am spending sleepless nights worrying...and regarding resubmitting, is it not a waste submitting it twice - will they encash the checks twice?

    OR

    it seems to be a better idea to just enclose the RN # and submit the EVL separately...
    When did you submitted your applications?





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  • 3d Nirvana
    02-27 09:39 PM
    nice BLUE! That was exactly the site I was looking for. :)



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  • ChainReaction
    12-12 12:57 PM
    Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.

    And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?





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  • FucTheGC
    06-06 02:44 PM
    My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)



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  • WeldonSprings
    08-27 12:19 PM
    OK, in that case add 20000 to 115964 (till Jun'08) out of 162704 for 2008, that becomes 135964 + July (2000) + August (7000)= 144000.

    Still, I see 18000 left over.

    There are few issues

    You have missed 20k annual CP cases
    The acceptance rate of I-485 application (big unknow) would change the number a lot.


    July was a slow month but August was big mover so 11k visa is just too low for this period.





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  • .soulty
    03-02 07:52 AM
    nice link blue.. yep learning-maya is a great resource, make sure you also check out the partners on the right on that learning-maya link. ;)





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  • logiclife
    12-20 07:55 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), 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.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.





    Canuck
    02-14 08:15 PM
    maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.

    Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.

    If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!





    jthomas
    06-01 10:31 PM
    I passed that CBP checkpoint twice when I went to San Diego and twice, I wasn't inspected. Both times, I have no immigration documents with me but my CA Driver's License.

    May I ask, do you happen to have out of state licence plate?

    Yes, I live in orange county, CA and used to travel to san diego every weekend. I never carried any immigration document even now in my car.



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