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Saturday, June 25, 2011

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  • kdprasad
    07-11 11:22 AM
    I think one very serious point in favor of filing now is if you do not file, and the lawsuit is successful in about a year and a half as they say and your PD hasn't become current by then, it puts everyone who filed in July ahead of you and this might cause the USCIS to retrogress visa numbers to such an extent that it would take ten years for your PD to get current again. Would this be a correct assessment?

    Where did you get the information that it would take a year and half. Is it just a guess!!!





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  • jayleno
    09-23 07:54 PM
    ImmigrationVoice can sue that person for defamation, but it will not work because he/she can plead insanity(Isnt it very obvious from the post??) :D:D:D

    Very Advanced case of ROD syndrome. Sympotoms: Going to other forums and complain about IV red dots
    Details: http://immigrationvoice.org/forum/showthread.php?p=266328#post266328





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  • GotGC??
    02-07 12:35 PM
    If only you were born three months later...sigh!

    I understand that your priority date is based on country of birth. I have read that you can use your spouse's country of birth. What if you have nationality in a country for over 20yrs but born in India. My parents emigrated to Europe when I was three months old, and I was naturalised there. The spouse rule doesn't apply to me because my wife is born in India too. Is there a rule anywhere that makes you eligibile to file under a particular quota if you had nationality in that country for a VERY long time? I was told no, so throwing this out to the group for advice. No hopes that I will hear otherwise.

    Thanks to all.





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  • willigetagc
    08-19 01:40 PM
    Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.

    I wish everyone the best and hope they get GC very soon.

    Proud to be an and legal immigrant.

    Good Luck!

    YOU people are screwing us poor legal immigrants...don't YOUR people know even simple FIFO processing....are YOUR people so dumb that they don't understand how to read a calendar... YOU guys @#$!$$%

    :D:D

    (just kidding. could'nt resist getting at YOU folks... enjoy)



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  • manusingh
    12-23 12:15 PM
    Hi All

    I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.

    I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.

    We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.

    So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.


    Can you pl update about your second entry via AP, after H-1B transfer. Did you entered successfully.

    regards





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  • illinois_alum
    07-11 08:58 PM
    Aghast......:mad: Can this happen? I think they have to return the application filing fees. Has any one else heard about this.
    USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.



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  • Leo07
    11-01 04:25 PM
    I think this will be viewed more as a blackmailing method than anything else.
    Moreover, if you look at the history of past such movements( LOL ), this is 180 degrees inverse of those successful movements.

    I'm a firm believer in GC success through lobbying.





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  • jkays94
    06-08 07:52 PM
    You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.

    Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?


    Again this could be looked at from many angles. The right to march and demand citizenship is protected under the 1st ammendment. Whether they get the citizenship or not is another issue but indeed yes, as ridiculous as it is, one is free to have the audacity to make statements that may be ridiculous in nature and that is their right under the 1st ammendment to do so as long as they are within the borders of the US. It is these types of freedoms that distinguish America from many other countries, to the extent to where even a person subject to deportation has the right to due process. The 1st ammendment guarantees the freedom of expression. Freedom of expression further covers the right to free speech, press, assembly and to petition the government for a redress of grievances (which is what the undocumented are doing in any case) etc [more here (http://www.law.cornell.edu/wex/index.php/First_amendment)]

    Indeed a Federal District court has already ruled that immigration status is not a matter that is debatable in a EEOC/discrimination law suit. If the below is not sufficient there are some actual cases involving undocumented workers who were not victims of human trafficking.

    Federal Court Bars Employers From Making Issue Of Immigration Status In Discrimination Lawsuits (http://www.eeoc.gov/press/3-10-06c.html)

    "We are pleased with the court's order because Title VII's protections against discrimination apply to all employees whether they are documented or undocumented," Burnside said. "Employers cannot discriminate against employees, and then threaten them by seeking information about their immigration status when they complain."

    If you read my other post correctly, it said the exemption was with security clearance related jobs. The two types of jobs you cited more than likely require security clearance but if they do not then its fair game for a discrimination complaint. Security clearance is only available to US citizens. My point is that if an employer with more than 4 employees whose job offering does not require security clearance or does not touch on matters of national security has a job posting claiming 'US Citizens Only' and an eligible for work non US citizen eg Green Card Holder or H1-B, EAD holder applies and is rejected primarily on the basis of their national origin or immigration status then yes, they do have credible grounds upon which to file an EEOC complaint. Note that an employer is only supposed to ask for documents that identify eligibility to work when they have made the decision to hire and are filing out form I-9. For instance there is already a case where EEOC or the DOJ won a case because an employer insisted on seeing an employee's GC and would not take an EAD. In summary, I'm not suggesting, it is the law and I believe I have given references to the relevant sections in my other post. But if in doubt, you may want to check with a lawyer and not take my word for it since I'm not one.



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  • GCBy3000
    02-13 04:49 PM
    Just with few members going against you within couple of hours, you are backing from your point. Then imagine how tough it will be to work for our goals working against our forces on daily basis in this country.

    Just less than a day and few members are enough to push you back. Having similar and stronger opposition IV is still live. This one is enough to prove the leader ship.

    Your previous post demands results from IV. You look like CEO/Chairman of IV. I pity your insanity and you have to learn a lot to live in this real world.

    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.





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  • MetteBB
    05-31 04:52 PM
    not nesseccarily .... but if thats all you have to offer you better be good ;)(-:



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  • lj_rr
    07-10 10:10 PM
    They need to enter data into their system before they reject.
    Next time when you apply you have to check the box telling that you applied before which they will validate based on the data in their system.





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  • razis123
    03-13 10:20 AM
    I am sure it is, I am a CP candidate, till now AOS dates mirrored CP dates and vice versa, so this time also it has to be true!!! Usually consulates get the dates b4hand from DOS, as they have to schedule interviews. I hope I'll be scheduled for the interview this april.


    Hi Soma,
    Can you please elaborate your case as a CP like how you opted for CP and how long you have been waiting? I have applied for 485 and my PD is 2006, so out of question my date will be current soon but i would like to go back to india to take care of my parents and then when my PD is current I can come back.
    Thanks



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  • javadeveloper
    11-25 12:07 AM
    i am working on H1B and my wife is on H4, she was not included in 485 yet so she is not having EAD, can i change status from H1B to EAD, please advice.

    Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help





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  • Raji
    07-17 05:55 PM
    The link provided in the front page shows
    H.R. 6938 [110th]: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h110-6938)

    This bill never became law. This bill was proposed in a previous session of Congress. Sessions of Congress last two years, and at the end of each session all proposed bills and resolutions that haven't passed are cleared from the books. Members often reintroduce bills that did not come up for debate under a new number in the next session.

    Then why are we still talking about sending fax etc to senators ? am i missing current link
    .................................................. .................................................. ..............................

    The Bill under discussion is: H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
    and forms part of the 111th Congress. It is currently under referral to committee.

    Thanks!

    Raji



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  • abhijitp
    01-31 03:10 PM
    Just voted!





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  • ThinkTwice
    07-11 06:13 PM
    The ISA of
    SFSU
    SJSU

    My 2 cents

    Please contact international students from local universities.



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  • trueguy
    08-12 02:02 PM
    http://www.visi.com/juan/congress/

    Once the Break is Over in 2nd week of September, We all should call members of congress , as many as possible, to get their Support for Visa Recapture Bill. If that bill passes, it will help all the EB categories.

    Chances of this bill passing through all the steps are very slim in this year.





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  • samnay
    04-08 09:14 AM
    Just contributed $100 and asked several of my friends to join.

    Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?





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  • ksrk
    04-16 08:29 PM
    My attorney received the RFE yesterday (just under a week after the email notification) (and I haven't received anything directly yet).

    They wanted copies of the original I-485 and G325A forms (for both my wife and me), filed in Aug. '07, signed again.
    Nothing changed or updated, just our signatures above the "signatures" the attorney/representative put in the original forms for us, in 2007.

    Hopefully this is all they want and not more once they receive this...fingers crossed, not holding breath! :)





    tcsonly
    07-19 03:38 PM
    Just a suggestion, sooner or later that's the way it should be. No offense taken.

    For confidentiality reasons, I don't think IV core can disclose their spending on various lobbying efforts they are doing.

    -C.





    smisachu
    07-18 04:56 PM
    IV now has clout which should be immediately used for a permanent fix. Two issues which might not require laws being passed can be implemented to ease the backlog situation that will be created.

    1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
    2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.

    Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"



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