Sunday, June 19, 2011

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  • ragz4u
    03-16 10:38 AM
    We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...

    Will update as soon as we hear more...





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  • wellwishergc
    04-10 07:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj
    bkarnik,

    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available

    OR

    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.





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  • gk_2000
    07-29 01:09 PM
    Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
    And one way to try to manage this is by country limits.

    The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept





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  • apb
    07-03 02:11 PM
    Medicals - $700
    Application fee = $1490
    Certificates/copy/fedex = $200
    Loss in pay (in gathering medical/certificates/mailing) = $1500



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  • seahawks
    09-10 12:08 AM
    AC 21 is complicated, the whole GC process is complicated. Lot of us are thinking 180 days ahead for changing employers.. please think about September 18th. We need to make a difference. Please attend the rally, please contribute, every effort taken by each of you makes a difference. Even if you don't believe you cannot make a change, WE DO! Wake up and lets all go to D.C!

    If you are already coming, awesome.. kudos!





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  • amit_p27
    06-20 07:36 AM
    Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......



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  • mhssatya
    01-28 08:52 AM
    Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.

    Sorry all, i couldn't find video in english. But the video says it all.
    Chip locks which are normally used against terrorists and criminals are used
    on students of tri valley univeristy.

    It's a human rights, privacy issue at it's peak..

    It's heart breaking to see like this..

    There may be scam from students, university but it's also problem from consulate, USCIS etc.
    This is ridiculous..

    YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)





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  • meridiani.planum
    12-17 09:39 PM
    There are disadvantage of filing AC-21 eg: RFE or Interview calls etc

    What are the disadvantages of NOT filing AC-21 Memo to USCIS after job change?

    Please advise

    Its all gray, but after reading posts on forums the disadvantage is the same: RFEs.

    If your employer withdraws your I-140 180 days past your 485 filing, USCIS will potentially issue an RFE again for employment verification letter. If you had filed a new EVL at the time of doign AC-21, USCIS knows that the I-140 revocation does not mean the end of the road, you have actually ported over to someone and he intends to hire you. Note that even 180 days past your 485 filing, you still need SOME employer to sponsor a same/similar job. (unless you are exceedingly brave and are going to self-port)



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  • roseball
    11-06 12:47 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

    If your attorney filed your case, then:

    EAD is sent directly you
    FP is sent to you and your attorney
    AP is sent to your attorney.....

    All these are sent by USCIS via regular mail.....

    Your attorney might have sent the AP documents to you via DHL...





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  • Lisap
    08-23 04:19 PM
    Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.

    We are a Union and thats how a union works that is actively supporting the cause of its members.

    If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.

    Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.

    If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV

    Number is the bargaining power and we are here to bargain. Period.

    Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.

    Now my direct question to you is : are in or are u out?


    With people like you on here- I am out too!



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  • xyz2005
    08-22 10:30 AM
    I guess we have to request Greg Siskind to post it on his blog? Usually he is very good in doing that

    Best Regards





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  • paskal
    08-24 01:33 AM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also.


    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you


    i would especially like to address the gentle member above.
    dear friend, iv moderators have not forgotten this is an open forum. otherwise this wonderful discussion may not have existed for everyone's pleasure.

    please let me know which moderator (and when) has been pushy and abusive.
    please choose your words carefully.

    remember it's an open forum? or did you already forget. if an individual member chooses to use that to push for participation, then why object so loudly? or is it open only to views you like?

    as for being convinced, good luck pal. if the current state of retrogression won't convince you to travel a hop skip and jump away from your comfortable home to DC, then maybe a few years of waiting or name checks or god forbid- loss of a job will. you are a free being. but a wise person learns from others who have taken the knocks already. that we don't learn- is precisely the reason we are here today.



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  • BMS1
    10-11 04:34 PM
    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.





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  • Brightsider
    08-30 09:31 AM
    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.

    You may like to talk to the admissions office of the universities. Last year when my daughter was applying for college, we had to go around and talk to them. Took an appointment and explained the case.
    We had asked only about admissions, resigned to the idea of paying out-of-state tuition. However, this counsellor got in touch with me, once the admission was confirmed, and suggested that I go to the bursar's office for tuition issues. And, there we got the great news that they had changed the rules in 2007, and that AOS candidates qualified for in-state tuition. Later we were able to get the same benefit for my elder daughter who was a senior in another state college.
    Imagine the relief of having to pay in-state after coughing up out-of-state tuition for three years. This happened in Georgia.
    So, to cut a long story short, yes you can be treated as in-state students for admission and tuition purposes. It only needs you to do some research and interacting with the offices. And of course, meeting some good persons. Incidentally, most of the counselors are great.



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  • pete
    12-13 03:49 PM
    The amount of lying and fraud that goes on in this process amazes. All under the cover of "legal"! There are compnaies doing this kind of utter crap and getting away with it.

    I will tell you my story:

    I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on Monster.com for nearly a year. They weeded through so many applicants ( actually interviewed them!).

    The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.

    I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.

    I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.

    thats all!!





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  • needhelp!
    01-17 11:46 AM
    guys please vote for encouragement



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  • Munna Bhai
    05-14 10:04 AM
    I read somewhere and thought to share it...anyway I feel very sorry for you

    When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.

    Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!

    That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!

    With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.

    Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.

    The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.

    In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.

    This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.

    Just to make our last days together bearable I accepted her odd request.

    I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..

    I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.

    On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.

    On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.

    She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.

    Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.

    But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.

    She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.

    Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
    'I'll carry you out every morning until death do us apart'

    The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!

    If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.

    Relationships are made not to exploit, not to be broken.
    We teach some by what we say
    We teach some more by what we do
    But we teach most by what we are


    You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.

    Don't preach...if this is your life..keep it with yourself..others have other reason to move forward with their life..no one has asked for any advise..just answer his questions..





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  • smuggymba
    04-22 07:50 PM
    what are the "legal types" of clothes ;)

    macy's, dillards etc..non-walmart, non dollar store clothes...haha, kidding man.





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  • paskal
    08-31 04:20 PM
    Nah, I don't think so. Not a good article.

    1. His salary CAN be raised.

    i don't claim to know the answer here.

    2. His wife CAN work, as article mentions that he applied for GC in 2004

    If he is EB3 india, that may have been true till very recently

    3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?

    the article quotes the Kauffman Foundation report. Please read it. There are about 1 million applicants waiting at various stages
    4. If the company is bought - one doesn't generally reapply for GC.

    maybe generally true, we don't know it's untrue for him though.

    Even little lies don't serve a good cause as this article can be easily discredited.

    i don't see any "lies" in this article. sound fine to me.





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    10-29 01:27 AM
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    01-04 02:41 PM
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