Openarms
11-06 10:49 AM
This is the only thread and issue that helps a lot of people in the process. If USCIS send the numbers correctly then we better of assuming when is our GC turn is. We will know the real picture and it will definitely open lot of peoples eyes to act in the future... So "Immigrants" please send the letters.
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immig4me
02-28 09:06 AM
Sukhwinder is coordinating the efforts on carpool and hosting options.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com
Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.
delax
07-13 08:35 AM
ALL I AM SAYING IS WITH GREAT POWER COMES GREAT RESPONSIBILITY. REASON WHY I LIKE IV OVER MURTHY. IMMIGRATION IS MURTHY'S PRIMARY BUSINESS .. IV IS DOING NOT FOR MONEY BUT TO REALLY FIX THINGS ... MUST MEAN SOMETHING RIGHT ... GO IV
-M
You've got me totally wrong - Its not a question of liking one over the other. How can you compare a lobbying outfit whose objective is to change existing law to better suit reality to a law firm whose objective is to help clients attain permanent residency within the EXISTING law.
If you had been on one of the calls last week that Murthy organized for her clients - you would know what I am saying and why she is doing what she is doing or why she is not doing what everyone else is EXPECTING her to do.
-M
You've got me totally wrong - Its not a question of liking one over the other. How can you compare a lobbying outfit whose objective is to change existing law to better suit reality to a law firm whose objective is to help clients attain permanent residency within the EXISTING law.
If you had been on one of the calls last week that Murthy organized for her clients - you would know what I am saying and why she is doing what she is doing or why she is not doing what everyone else is EXPECTING her to do.
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stucklabor
07-24 12:42 PM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.
Please think through your ideas before posting them.
Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.
I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".
In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.
more...
anilsal
12-13 12:09 PM
Let's give them some time. It may be a topic that require some research, information-gathering. This is an entirely new strategy we are discussing, no surprise if they don't get back with an immediate answer. I'm sure they are analyzing the idea.
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
I am sure that the IV core has already explored this option. We need some kind of feedback from them.
===============
First they ignore you, then they laugh at you, then they fight you, then you win.
- Mohandas Gandhi
Slogan of the Linux community
komaragiri
08-09 12:25 AM
I am spending sleepless nights worrying...and regarding resubmitting, is it not a waste submitting it twice - will they encash the checks twice?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
When did you submitted your applications?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
When did you submitted your applications?
more...
aadimanav
09-10 10:17 PM
Updates from Greg Siskind's
[Update] My report below is not correct. The initial report I received on the markup was not correct and the markup process was not competed today. I believe work is going to continue tomorrow or Friday and hopefully this will be done by the weekend. Apologies.]
[Update] My report below is not correct. The initial report I received on the markup was not correct and the markup process was not competed today. I believe work is going to continue tomorrow or Friday and hopefully this will be done by the weekend. Apologies.]
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neelu
12-13 12:17 AM
I'm with you - less talk and more action.
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
more...
veerug
07-04 12:31 AM
I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.
I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?
Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?
Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.
Veeru
I will sleep less stupid tonight!!
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quizzer
04-04 04:57 PM
On hindsight i belive this bill would help clean the H1B system currently abused by many bodyshops.
It would pit lot of controls on these numerous small time companies who just file H1B's on the first day..get people on bench and wait to place them in big companies for a huge money.
This leads to lot of people not getting a chance to filre H1B even though they have good offers from fortune 500 companies.
I feel we should give credit to these 2 for coming out with this bill.
Thanks
It would pit lot of controls on these numerous small time companies who just file H1B's on the first day..get people on bench and wait to place them in big companies for a huge money.
This leads to lot of people not getting a chance to filre H1B even though they have good offers from fortune 500 companies.
I feel we should give credit to these 2 for coming out with this bill.
Thanks
more...
indianindian2006
04-23 06:34 PM
Congratulations Googler
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msyedy
06-12 09:04 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
Pitha (Shree)
I see what you are thinking, but EB3india is correct. In CIR or never.
I agree with him that we need to get a new stratergy to handle this.
I do not know why IV core has not spoken after this bill died. When CIR came to the Senate floor with all these restrictions, Logiclife mentioned something
like we should become illegals.
He must have been kidding but one could see the fact that the illegals were the ones who were getting the benefits.
I want to hear a similar statement from them, let us see........
more...
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luvschocolates
08-21 11:52 AM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
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CHHAYA
08-16 09:07 PM
Hi Guys,
I got an LUD on 8/14 on mine and my wifes I485s and also on the first EADs filed along with the 485. Anything cooking? I did change my employer in Feb 2010 and yet to file AC21. If any one had similar LUDs please post.
Thanks
I see LUD on 7/10/10 on mine EAD which was filed online in 08. But no LUD on 485 or last EAD which was filed in 09.
I got an LUD on 8/14 on mine and my wifes I485s and also on the first EADs filed along with the 485. Anything cooking? I did change my employer in Feb 2010 and yet to file AC21. If any one had similar LUDs please post.
Thanks
I see LUD on 7/10/10 on mine EAD which was filed online in 08. But no LUD on 485 or last EAD which was filed in 09.
more...
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seeker999
08-11 11:13 AM
Are we concluding that we will not have any support from IV for EB3?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
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PresidentO
02-04 11:58 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
more...
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gk_2000
08-10 01:48 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
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natrajs
07-11 10:49 PM
You are absolutely right dude :)
All (whose PD will be current) the Eb2 India folks try your luckkkkkkkkkkkkk..
Even after your PD becomes current you are still at the mercy of the IO and RD, ND and all the odd's
Its like Mega Million or Power ball lotto. I don't trust USCIS/DOS until I have the GC plastic in my hand.
In mean while we have to focus on the legislative efforts, Especially for EB3-I with out that it will be very hard.
So folks be active and get involved in IV's effort
All (whose PD will be current) the Eb2 India folks try your luckkkkkkkkkkkkk..
Even after your PD becomes current you are still at the mercy of the IO and RD, ND and all the odd's
Its like Mega Million or Power ball lotto. I don't trust USCIS/DOS until I have the GC plastic in my hand.
In mean while we have to focus on the legislative efforts, Especially for EB3-I with out that it will be very hard.
So folks be active and get involved in IV's effort
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ramus
07-02 07:42 PM
Thanks..Please ask others to contribute too.
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Contributed : 100 couple of hours back
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rpatel
07-24 08:42 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
rk78
06-11 05:23 PM
sent e-mail to AZ senators
(ex).jpg)
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