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  • chmur
    07-27 06:28 PM
    Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it

    1. Revert back to the vertical spillover rule. OR
    2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
    3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.

    Let me offer my answers to the questions above:
    1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
    2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
    3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.

    I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers


    None ....

    Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.

    As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.

    I am baffled that you think anyone of us can actually dictate DOS what to do.




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  • srini1976
    09-30 12:15 AM
    What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.

    The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?

    Please provide some input. All your opinions would help many folks!




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  • nc14
    05-23 08:54 AM
    Just emailed my State Senators (OH) and also the 10 Senators listed by Core Team.

    If it helps, below are the Contact Form for all 10 common Seantors listed by Core Team.

    Also the advise by a fellow member of using Google Autofill was awesome.

    Patrick J. Leahy http://leahy.senate.gov/contact.html
    Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
    Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
    Diane Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
    John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
    Harry Reid http://reid.senate.gov/contact/email_form.cfm
    Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
    Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
    Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
    Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform




    GO IV GO..

    .................................................. ..........................
    $100+$20 recurring + $100 (Yesterday)




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  • GCStatus
    09-15 12:15 PM
    Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......

    Just did



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  • zoooom
    07-19 07:20 PM
    ThinkTwice , very valid points.

    May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !

    I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
    Done...
    I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.




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  • godspeed
    07-24 03:12 PM
    sriwaitingforgc ,

    i guess so, everything is random here



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  • vin13
    07-16 06:25 PM
    If u want to be fair, fight to remove country quota and not fight among EB categories




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  • kdprasad
    08-13 07:59 PM
    Signature has all relevant information. I-140 was approved August 2005.


    Did the Checks get cashed.!!!



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  • kk_2000
    08-13 04:47 PM
    My wife got her receipt notice today

    RD: July 2nd, ND: Aug 6th.




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  • PD_Dec2002
    07-07 09:44 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....

    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant



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  • desi3933
    01-30 01:57 PM
    Let me add my 2 cents here -

    1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
    2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
    3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
    4. Within 30 days of start working, person should get his/her first paycheck.
    5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
    6. 3/10 year bar applies for illegal presence and not for out of status.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • stucklabor
    06-26 01:03 PM
    Dear mpkmaster, it is easy to ignore facts and throw stones like "your are rasist". And it is not easy to face the reality. Since you are so smart, I would like to ask you some questions:
    1. Why there are long immigration lines in the US, Europe, Australia, Canada, Singapore etc, and almost none for Mexico, Latin America, Middle East etc. Maybe because these countries a full of "racists" ?
    2. Tell me why some some people/countries can manage their economy and become attractive centers for immigration and other are just hell holes. There is a huge difference between Japan, S. Korea, China and N. Korea and they are populated by the same race - what has racism has to do with that ?
    3. Why did you immigrate from your own country?

    I will tell you one thing - due to my profession I have visited most countries in the world, including India. And definitely have a better understanding what is racism, what is protectionism, what is laziness, stupidity etc. Do not hide all these behind "racism", won't work...

    Come on, Admin, delete quickly this "racist" evil message :-)

    I am not going to stoop to your level, Bkam, but the next time you post a comment about sombreros etc you are looking at a ban. It is up to you what you choose to do.



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  • akhilmahajan
    02-26 10:27 PM
    Thanks a lot everyone.

    Grand Total - $2062

    Come on folks lets help IV, to get things done for US.

    IV is I/WE. GO IV GO. TOGETHER WE CAN.




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  • coloniel60
    06-11 01:17 PM
    When I asked my employer to send me an employment letter so that I can file my I-485 application on my own, my employer insisisted that I mail him all the I-485 documents and a check for $2500 on his name and that he will add the employment letter and mail the application to USCIS.

    Apart from gaining $1000 (2500 I sent him - 1500 for I-485 fees) does the employer benifit anything by mailing the application himself. Am I correct in assuming that I will receive the receipt notice even if the employer mailed the application to USCIS (He is not using a lawyer to represent me)? :confused: :confused: :confused:



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  • BharatPremi
    07-10 05:22 PM
    So it's the day before the flowers will be delivered and let's make the most out of this story. Here are the links to the press release to use


    PDF version (http://www.touchdownusa.org/pdf/USCISFlowerCampaign.pdf) that can be sent as an attachment.
    HTML version (http://docs.google.com/Doc?id=ap9x7pmvk6s_32c3khvg) that can be copy-pasted as text of the email.This (http://www.touchdownusa.org/pdf/Response.pdf) is our updated press release in response to the message on the USCIS website.

    Most news organizations have dedicated reporters to cover immigration issues; so our first contact should be with them, since they'd be most interested in this story. Contact the writers of any immigration related stories that you've read recently - contact either by phone, or by email. If you are contacting by email here are a few helpful tips

    Make sure that title/information of that person's most recent article is used in the subject line. Something like, 'Follow up to Green Card Woes in WSJ'
    Refer to the article in the body of your email. For example
    You recently wrote about the frustrations of green card applicants due to a reversal by the USCIS (Wall Street Journal - July 5, 2007 - 'Reversal Frustrates Green Card Applicants'). I am one of those skilled, legal applicants and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.
    After this, you can say that please refer to the attached press release for more information
    Wrap up your email with something like, "This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event as a follow-up to your previous article?"
    There is no harm in giving your contact number to let the reporter know that you can be contacted for any follow-up questions.
    Other things that we can do to create a buzz around it is to talk about it in blogs, various forums etc., specially if you are a blogger. Already, if you search USCIS+Flowers in Technorati, there are a good number of hits - we should try and increase them.

    Call up your local public radio station and tell them about this event (http://www.npr.org/stations/)

    Any other ideas regarding increasing the visibility of this campaign should be posted on this thread.






    I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.




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  • pralog
    04-24 08:50 PM
    My heart never felt this heavy before..
    May he rest in peace
    God bless his family..



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  • maverick_joe
    05-02 02:16 PM
    HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
    I'm glad that he re-edited his language in his previous post!

    It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)




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  • jonty_11
    04-10 02:36 PM
    Thats what exactly I have been asking.

    ANyone done landing and returned to US with AP....???

    I have more or less given up on the Can PR.




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  • GCKarma
    05-02 07:43 PM
    Is it already introduced in Senate?
    I could not find any thing on this from http://thomas.loc.gov/




    flresident
    08-21 06:21 PM
    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008
    Card Received by mail : Aug 21st,2008 ( valid for 2 years)

    Whole process took around 2 weeks.




    krishna.ahd
    10-08 06:58 PM
    Let me ask you a question.

    When you renew EAD what will be the start date. For example:
    Lets say current EAD Expires 12/31/2007.
    I apply for renewal in July say 07/01/2007.

    When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?

    Basically would the renewal date start from where the current one is expiring or from the dat it got approved?

    Thanks
    I have observed whichever is later
    Meaning your current EAD valid till 12-31-2007 and approval is before then starting date is 01-01-2008
    If approval date is after 12-31-2007 then starting date is approval date.

    I could not understand from sirinme the below -
    As long as you applied for renewal you should able to work - that is what i was told from my attorney
    "I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry."



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