Monday, June 20, 2011

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  • little_willy
    09-18 11:44 PM
    I was there and am proud to be part of such dedicated individuals:) It was great to catch up with Aman, pappu, logiclife etc. Most of the congressmen's office I met were of the view that it is high time we come out in open and fight for our cause. One legal aide explained me how ignorant most of the lawmakers are when it comes to legal vs illegal immigrants. This rally will be an eyeopener for few of them for sure.

    Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.

    For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.





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  • ganguteli
    01-25 01:00 PM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

    BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

    Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...

    This is as per my experience and talking to people who know about letter writing.
    Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
    Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.

    I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc





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  • logiclife
    12-20 08:31 PM
    On a second thought, If I interpret it correctly...

    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.


    I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:

    yes, but that happened prior to your last admission in USA and prior to your filing of 485.

    Make sure that it doesnt happen now. What happened before your last entry into USA and before 485 filing is like what happened in Vegas.

    Relax my friend, if you still cant find solace, then surely talk to a lawyer. I always do that when in doubt because frankly, there is a reason why professinals exist.

    Also, search "245(k) immigration" in google and read lawyer's interpretations of section 245(k), you will understand what I am saying.





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  • willgetgc2005
    03-20 07:26 PM
    We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.


    Admin,

    Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.

    Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
    in 2007, you get in line ahead of candidates whose PD becomes current in 2007.

    So in effect all of us loose.



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  • va_217
    01-18 11:24 AM
    same happened to me in Elpaso airport longtime back, I guess when you are coming from Mexico they do that.
    but no questions asked it was normal

    thanks





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  • gccovet
    02-19 01:09 PM
    That's exactly what I wanted to ask! How on earth are they going to prove a presence?

    1. Drivers license (that only shows the date they started)
    2. Utility bills (is that possible?)
    3. Bank statements (I'm not sure if undocumented ones get accounts)
    4. Employment proof (right...)
    5. Real estate titles

    I'm not saying they can't, but trying to think how...


    IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).

    http://www.nytimes.com/2007/04/16/nyregion/16immig.html
    http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html

    GCCovet



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  • mpadapa
    07-01 04:31 PM
    Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.

    IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?





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  • mi2
    01-17 03:43 PM
    Setup through my bank.

    Good job IV!



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  • sunny1000
    04-09 06:31 PM
    I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .

    All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .

    I wonder what was that which made their application go by light speed and my application go into a blackhole :)

    Probably, their labor got approved before the FY2006 when the retrogression started. All the categories were current until then due to the recapture done by AC21. I am stuck in this mess because my labor took 5 years to get approved.





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  • JazzByTheBay
    01-16 10:44 PM
    Any budding film-makers in the crowd thinking of a documentary?



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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. Many aliens with pending, grandfathered petitions or
    labor certification applications will marry or have children after the
    qualifying petition or application was filed but before adjustment of
    status. These "after-acquired" children and spouses are allowed to
    adjust under 245(i) as long as they acquire the status of a spouse or
    child before the principal alien ultimately adjusts status.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • leoindiano
    03-17 10:58 AM
    Yes, mine was in Philly BEC too...which was approved in 2007 January.

    But, there was quite a few go lucky people whose labor was getting approved in 30 days state, 30 days federal until that time. thats why i took 50-50 probability.



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  • vicky007
    04-26 02:50 PM
    Guys,

    I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
    President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.

    Regards.





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  • pitha
    06-12 02:42 PM
    very well said, some people here say (or is it hope) that getting an amendment introduced and passed is as simple as buying a ticket to a movie. After all the shock treatment given to us by durbin, kyl, kennedy some people just want more shock treatment

    it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
    SUpport BILL - Get Ammdt attached- Live happily ever after....

    NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
    Remember we are always grouped with H1B folks, when it comes to GC



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  • eb3India
    06-12 03:12 PM
    why should anyone now listen to Bush, he just a lameduck at this point and don't bring his war funding victory, they just did'nt have any other choice but support brave soldiers and Bush know that

    My point is CIR starts and ends with illegal immigration our reforms are just a sideeffect which may or may not happen.

    what we need is a new stratergy which address our issues again I repeat our issue only, which means no H1B increase, just a system reform which ends retrogession.

    for which we don't need any law change, we need someone to held accountable for USCIS wasting as many as 40K visas, Everyone in this country is accountable and letz use it





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  • amsgc
    03-16 05:40 PM
    Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
    If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?

    Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?

    If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.


    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????



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  • abhijitp
    07-23 07:13 PM
    I just asked my lawyer and heard the same thing. Now I am being asked where I got this info from:p Does anyone know the URL to a document that says Employment Letter is a MUST and that your AOS can be denied for not submitting it?
    Got the answer on the previous page. Thanks fcres!
    http://immigrationvoice.org/forum/showthread.php?p=129722#post129722





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  • dvb123
    02-03 10:03 AM
    I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.

    I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.

    Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.





    whattodo21
    06-16 08:43 AM
    Sent it to my Senators.

    However, is it possible to send it to Senators Grassley, Sanders too. I say this because these senators need to hear that we oppose this bill too and I am not sure how many of our members from IA and VT are active and are sending this message to them.





    thepaew
    05-12 03:00 PM
    You might want to research your options some more. Maybe, have a talk with someone who is a more senior colleague or mentor, preferably one who has an MBA.

    It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.

    Good Luck!


    Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)