Libra
01-15 03:29 PM
send letters and vote here
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senthil1
08-10 12:49 PM
I think LS is not needed as most of the people filed I485 because of VB fisaco. If they increase number of GC(I think it may happen some time before 2009) then LS will not be useful as most people will get gc within 1 or 2 years
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
Hi
I think you did good job that you accepted LS from your company.
I never used LS even though it was available at that time. But I don't hate who accepted this LS, I know it was legal and it�s for the company who can utilize their labor instead for waiting for approval of another labor.
I would like to say people who hate thus who used LS because they missed this or they never got chance to get LS, or they never had that much dare to pay the money and get that.
Dude nobody is "DHARMATMA" here. And don�t try to show that you are clean.
So please stop this non-sense and hating people who used LS. Just give your suggestion on post if anybody is looking for any suggestion. Otherwise just ignore it.
Thanks to all:)
onemorecame
aspiration
07-08 12:12 PM
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
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knacath
10-19 02:57 PM
Ap
more...
satishku_2000
07-10 08:18 PM
Last night I saw Jon Stewart .. He did a good job about Lou Dobbs and Pat Buchannan :)
Still on homepage at
http://www.comedycentral.com/shows/the_daily_show/index.jhtml
Still on homepage at
http://www.comedycentral.com/shows/the_daily_show/index.jhtml
anai
07-19 02:28 PM
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
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realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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vasireddyanil
02-19 09:42 PM
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
more...
shiankuraaf
11-25 12:50 PM
Great Job..... I am eagerly looking for the release of the BL report.
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ItIsNotFunny
06-20 07:50 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
No! They keep processing but don't send final approval once your date is retrogressed.
No! They keep processing but don't send final approval once your date is retrogressed.
more...
chanduv23
08-12 08:52 AM
My Job duties on labor says
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
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BharatPremi
03-24 12:47 PM
Interfiling an approved I-140 petition with an already pending I-485 application:
http://www.immigration.com/fromtheagency/nsc61207.html
NSC Instructions on Transferring Earlier Priority Dates:
http://www.murthy.com/news/n_nscins.html
Thank you very much.
http://www.immigration.com/fromtheagency/nsc61207.html
NSC Instructions on Transferring Earlier Priority Dates:
http://www.murthy.com/news/n_nscins.html
Thank you very much.
more...
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sanz
05-11 12:28 PM
agree with black tongue... at least we are much better than their scenario
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Gravitation
12-13 12:58 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
Hey buddy,
No, I don't believe you questioned my intent... I just wanted to clarify for all the people who're reading this.
Your explanation could very well be correct. These are all theories by people who try to explain the movement of these dates.
Regarding who decides what flows where is department of state. Congress makes laws and then the cabinet agency makes rules on how those laws will be implemented. While making these rules, the agency gets some discrition in situations such as this where law will allow more than one possibility.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
Hey buddy,
No, I don't believe you questioned my intent... I just wanted to clarify for all the people who're reading this.
Your explanation could very well be correct. These are all theories by people who try to explain the movement of these dates.
Regarding who decides what flows where is department of state. Congress makes laws and then the cabinet agency makes rules on how those laws will be implemented. While making these rules, the agency gets some discrition in situations such as this where law will allow more than one possibility.
more...
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GKBest
07-16 11:50 PM
Plus if the news is what we expect (ie july applications will be accepted), think about what that will do to the people who cant file in time by the end of July. There application will FOREVER be Unavailable.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
I am not saying the announcement tomorrow is a bad thing. I am just not very excited
The story of my life the last 6 years has been one delay/backlog/retrogression after the other.
jasquil
Be happy that you were able to file considering that you only spent 6 years of waiting. Think of the others who are waiting for more than 10 years.
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dipsangel
08-15 10:03 PM
what to do?
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
My friend, I am sorry to hear about this. Your employer must be an A** hole.
I - 485 is your application. Employer has control of your application until I - 140. All you need from employer is employment verification letter.
If you have a good lawyer, then you can do it together. Take legal advice. This is just my opinion.
more...
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loudoggs
10-11 04:30 PM
Yeah that sucks. I have a 2004 PD as well but was lucky to get out of PBEC in Jan 2007 and was able to apply for 485 in July.
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
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HarshJ
10-02 01:31 PM
No FP notices. Spoke with the lawyer today morning and he mentioned that as the FPs are elgible for 15 months, they issue the FP when they "think" that they shall be able to finish the case in that 15 month time period.
My EADs say FP not available, but I believe that it is not a big concern.
Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.
As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.
My EADs say FP not available, but I believe that it is not a big concern.
Now that my EB3 PD is Sept 2001, I am hoping to get the FPs sooner rather than later.
As for I-485 Reciept Notice's receipt date, will check with lawyer again and update you folks on that.
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mmj
04-20 08:31 AM
Thanks Neelu! Now if only we can get another 50,000 people to do the same :)
Me too.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
Me too.
I added some facts about how much I paid in SSN, Medicare, Fed and State taxes (in the last 10 years that I have been here) as well as some detail about what I'm contributing (patent pending) to this country. Another thing I mentioned was about my volunteering during the 2008 campaign (implying that I would be voting for the president's party if I ever become a US citizen in 2050 :~).
Thank you, MMJ, for taking the initiative.
aquarianf
07-19 01:20 PM
No she cant becuase her visa appointment is on Aug 13.
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your posibilities here. You have enough time to explore your options.
starving_dog
11-16 08:50 PM
Pappu, automotive insurance is another area of concern. U.S. insurance companies navel gaze when it comes to prior coverage or driving record. I am a Canadian citizen who had insurance with a Canadian affiliate of an American country. Well it turns out the insurance companies phones can't penetrate the border.
Despite all my clean years of driving (no moving violations, no DUI's, no accidents and no claims) I still had the luxury of paying premium prices in my new found country for the first couple of years.
Despite all my clean years of driving (no moving violations, no DUI's, no accidents and no claims) I still had the luxury of paying premium prices in my new found country for the first couple of years.