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  • neverbefore
    04-13 02:58 PM
    Brother, your idea is good but practically it is very difficult.

    Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.

    People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.

    It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.

    If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?

    If someone is going to ask you the following questions what are your answers,
    1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
    2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.

    Instead can we not use that money to lobby for our goals.
    Okay folks, how about this approach?

    Since a lot of people do not donate because they think it won't make a difference, how about setting up an escrow-like account, which, if it meets its target (say $5M), is used for the purpose intended.

    In case it falls severely short of the target by the due date, then everybody's money is returned without deducting any processing fee.

    Any comments?

    neverbefore





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  • bujjigadu123
    02-22 03:49 PM
    if your case is straight forward...... you have nothing to worry about........

    Hi
    Could you please tell me what I should be ready with to confirm my case is straight forward.

    I am ready with LCA, H1 visa stamped passort ( for me and for my family), Pay stubs, client appreciation letters, h1 approval notice, past experience letters, offer letter.
    Please let me know what else I should be ready with?





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  • masouds
    02-21 02:36 AM
    Hi

    Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
    I am on H1B visa.

    I would appreciate if someone could give any sort of information related to calling for a home visit.

    Thanks

    You might want to call back his office and verify his status. He may have been an ICE employee two months ago. Is he still an employee there?

    Let them know that you will exercise your right to have witnesses and/or your attorney around you.

    This is very unusual indeed. How much time do you have?





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  • bkarnik
    04-12 11:27 AM
    The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

    Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

    ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.



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  • snvlgopal
    01-25 06:00 PM
    Sent to both President & IV and made 2 others to mail the letters





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  • dixie
    12-13 01:14 AM
    Is that so hard to predict ? ;)
    What's goin to happen in coming months???



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  • ravi98
    11-05 11:59 AM
    But he doesn't have any voice,,,

    Says who?
    We don't even advocate for anything, just post things on the forum. IV has given us immigrants a platform - many of us don't even know it, let alone using it.

    If we want to stay in this country, we need a president who can take this country progressively to the future instead of "lets take the country back" "this is not the country I grew up in" rhetoric! If this country goes backwards in time while the rest of the world embraces progress - guess what? - No use having a GC here.





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  • hpandey
    12-29 12:13 PM
    Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
    Thanks


    I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.



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  • alterego
    11-03 10:46 AM
    This is an extremely childish argument. In all honesty, the rules are the rules, we do not make them and nor do we interpret them. In the past the way the rules were interpreted favored EB3 over EB2I. Last year they said they took another look at the language and interpreted the rules as they should have been all along. At that time, there was much argument within this board and others. Those like me kept saying that EB immigration has always had a skills hierarchy and from the language EB category took precedence over country of origin quotas(which were discriminatory anyway). Others including popular posters like UN and lawyers like Ron Gotcher took the other view. In the end the state Dept. decided with the Eb category precedence and horizontal spillover. Should those that suffered the misinterpretation in 2006/7 ask for reallotment of future flows of visas to redress that injustice? No.
    Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first?
    These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct.
    You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.





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  • santb1975
    06-17 01:21 PM
    ^^


    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.



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  • bidhanc
    03-21 02:15 PM
    I am in NYC. Shall we team up?
    Yes, we should.
    I am a little late on this "meet the lawyers" drive.
    Do we have any more people around here from NY?

    Bidhan





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  • aadimanav
    05-15 02:17 AM
    http://www.govtrack.us/congress/bill.xpd?bill=h110-6039



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  • jetguy777
    07-08 05:16 PM
    This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:

    "As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.

    Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."



    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...





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  • DudefromBombay
    11-03 12:52 AM
    Can't agree more.

    Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:

    Illegals
    Illegals
    Illegals

    I hope Obama looses soon and we have some sanity of law



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  • keshtwo
    08-09 08:21 PM
    Yeah! DOL & USCIS tightening screws everywhere..





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  • alterego
    11-03 10:46 AM
    This is an extremely childish argument. In all honesty, the rules are the rules, we do not make them and nor do we interpret them. In the past the way the rules were interpreted favored EB3 over EB2I. Last year they said they took another look at the language and interpreted the rules as they should have been all along. At that time, there was much argument within this board and others. Those like me kept saying that EB immigration has always had a skills hierarchy and from the language EB category took precedence over country of origin quotas(which were discriminatory anyway). Others including popular posters like UN and lawyers like Ron Gotcher took the other view. In the end the state Dept. decided with the Eb category precedence and horizontal spillover. Should those that suffered the misinterpretation in 2006/7 ask for reallotment of future flows of visas to redress that injustice? No.
    Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first?
    These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct.
    You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.



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  • mammoy2k
    12-28 10:38 AM
    Anyone invoking AC21 with unapproved I-140?

    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.





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  • delhirocks
    07-02 05:11 PM
    To all:

    Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
    Please do this asap.

    Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.

    http://economictimes.indiatimes.com/articleshow/2166260.cms

    Thanks.

    485 for 2 people

    Medical: $900
    Photographs: $60
    Expenses occured in expediting paperwork from home country (next day fedex, notary fees etc): $100

    Non-Monetary costs
    My wife & I can't plan a baby, for the next 6 months. (We had been going down that path)
    Drove 120 miles to get medical
    Missed 2 days from work





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  • hindu_king
    11-03 03:51 PM
    My Prediction for Dec bulletin

    Eb2 and Eb 1 all others - C
    EB2 India & China - Jan 1, 2006

    EB 3 India - Jan 1, 2002
    EB 3 all others - Jan 1, 2003

    All others current...Hope this comes true....:-)

    So you think EB2I will be Jan 2006 because your PD is Dec 2005? I like your wishful thinking because my PD is Dec 2005 too and I hope your prediction comes true.





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    qualified_trash
    12-13 03:50 PM
    Guys,

    Don't take it otherwise... I will NOT do anything against anybody.

    That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.

    - My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?

    Hope you now understand my points & will give me sincere advises.

    waiting for your help....
    gmatch,

    speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.

    just my 2 cents.



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