Saturday, June 25, 2011

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  • chanduv23
    04-30 02:27 PM
    The link got working again, but nothing is happening as of yet.

    Is there audio?




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  • axp817
    05-15 08:26 PM
    Maybe someone that has had to go through this can respond.

    When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?

    I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?




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  • karan2004m
    01-05 10:59 PM
    If you understand this from his words then i can judge your IQ level.

    Ok now coming back to your statement. I just didnt say IIT but also REC's. REC stands for Regional Engineering Colleges (there are plenty in India) and that is not a payment seat. Education level is well maintained and by entrance examination standard, its far above GRE level. Argue me on this. I have no problems with America or any American, infact I feel America is a great first world nation and I love being working/living here.
    But this doesn't mean I will say any bulllshit & non-fact thing about my motherland.

    Also Gayatri one last thing or FACT in your words i tell you. The people(few Non Resident Indians, 2% i must say) like we have seen talk so much negative about their own country, but whenever they are in trouble in foreign countries, they look for immediate help from Indian Government. It is made as a big issue in India that NRI's in trouble, prime minister should come forward and help.

    Anyways enjoy and good luck for your green card.

    So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.

    I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.

    What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.

    Lets not fool ourselves at least!! We need to learn to accept the truth.




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions



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  • desi3933
    07-06 12:32 PM
    Have all those visas made available been used up so far by USCIS? I doubt it.

    It depends on how visa number requested is used in the I-485 approval and how it is termed as "used" from "made available".


    ___________________
    Not a legal advice.




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  • newbee7
    07-05 11:23 PM
    Thank you, Saimrathi!



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  • HV000
    07-22 07:48 AM
    Texas Members - Would it possible to find out if Sen. Cornyn is planning to introduce the amendment again later this year?

    Clearly, he has to work with Sen.Dick Durbin to gain support among the Democrats.




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  • ind_game
    05-13 11:37 PM
    Did you ever apply for EAD / AP?

    I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009



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  • sparklinks
    08-11 01:14 PM
    As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....

    Mine also received at 7.55 AM on July 2nd, signed by R.Williams ... non of my checks cashed :confused:




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  • nitinboston
    06-11 03:56 PM
    We are fighting against anti-immigrant idiots like you.
    Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
    We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
    So its the 6 th fundamental right. I am amazed how people confuse rights with privilege.



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  • ilwaiting
    04-25 12:05 PM
    Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.




    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".




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  • santb1975
    05-29 11:33 PM
    Have not reached 20K yet



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  • willwin
    06-11 12:33 PM
    How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?

    More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.




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  • ArkBird
    09-01 03:27 PM
    - Came to US in 1997.
    - Had Labor + 140 approved in Dec, 99.
    - tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
    - Found out they have only one customer
    - Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
    - "Startup" went under in 2002.
    - Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)

    Cheers

    ArkBird



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  • nlssubbu
    10-01 04:20 PM
    A cut-off date avoids submission of AOS applications with PD after cut-off date. In my opinion, this was the only reason to retrogress on July 2: avoid AOS submission whose PDs became current in July.

    Now nearly all AOS applications have been submitted. Hence, setting cut-off dates conservatively is not that motivating.

    Cut-off days not only determine number of applications that can be received at their end, but also the make eligible applications approvable. I think at times when the cut-off date resulted in more approvable cases than USCIS can handle, then they move it back as well.

    May be they should have two cut-off days instead of one like this:
    1. One for receiving applications beyond that date.
    2. Another for approval.
    This may help them to pick necessary applications needed from this pool and approve them without losing the allocated visas.

    I think change has to come from the legislation wing to amend the procedure in USCIS.

    Thanks




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  • virtual55
    07-12 10:20 AM
    In VA can we extend Driving License with receipt notice of h1 extension .



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  • diptam
    07-06 01:07 PM
    Badluck,
    Expensive or cheap - Please name him and the contact details.

    May be we want to set up a small appointment with him - who knows, Thousands of possibilities.

    Why aren't you giving the name & contact details ????

    Thanks dude

    Thats what he is saying.. he is an expensive lawyer...
    and about crap---who the hell are you to decide... if you dont like then just ignore the post...




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  • ind_game
    05-13 11:58 PM
    This is strange, They are saying your I 140 get denied on the date it was approved...
    What was the result of second MTR, Is that dismissed too...

    No man.........I am waiting for the outcome.......In fact to be frank I am bracing myself for Writ of Mandamus Lawsuit.....frustration....




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  • pointlesswait
    03-18 10:58 AM
    for tax purposes..there is no H1 ..GC criteria..
    if u pay tax and u are eligible..u get the refund!

    how many times should that be told..snap out of counting pennys ..! :mad:

    if u dont get the refund..move on..be happy that u have a job!:cool:




    eb3_nepa
    07-05 10:51 AM
    My area senator is Mr. Sessions :eek:. What do you guys think, should I email him or not? I am sure that I am not going to get a courteous reply or as a fact of matter a reply at all.


    Avoid mentioning this to Sen Sessions office. Try the other Senator and your local Congress person




    Harivinder
    09-10 02:07 PM
    $100 Google Order #565447969371741

    I will not be able to make it for the rally, my one-cent contribution, also trying to convience some friends to make some contributions. Also I want to make a suggestion, Please urge Congress via banners or what so ever means to take Legal Immigration and Illegal Immigration separately. We are so badly being hit by congress combining these issues.We are legal taxpaying immigrants and should be treated the same way. Not equivalent to illegal immigrants.



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