andycool
09-10 02:33 PM
What are the hopes for EB3-I?
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
Port to EB-2 ......
ZERO
Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.
Port to EB-2 ......
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BPforGC
03-10 04:16 PM
Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".
They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.
They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.
IV core, think about this.
DarkChild
02-16 07:01 AM
my motto is "don't start anything you can't possibly win" so i'm not gonna start on this man, that is just sick...
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qesehmk
02-12 01:28 PM
pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
Does this help? (Again this is my view... don't want to push it onto others)
more...
GCKaIntezar
01-18 09:14 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
Pending
04-08 01:24 PM
I did contact Senator/Congress persons, and it it didn't help the FBI does not repond to congresional inquirie concerning name check.
All eyes are focused on the immigration bill at this point, so expect no help.
I am pending name check since 2002.
All eyes are focused on the immigration bill at this point, so expect no help.
I am pending name check since 2002.
more...
javadeveloper
12-11 11:52 AM
All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA.
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
Everyone goes to Bank and do transactions , that doesn't mean that we only need Bank and Bank doesn't need us and our deposits.
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saimrathi
07-03 09:13 AM
with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.
How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..
How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..
more...
vaishalikumar
08-16 02:17 PM
IT IS TOO BAD FOR EB 3 , WHY THIS INJUSTICE WITH EB 3 ?
everyone was expecting them to go U
EB1 has cutoff?? for the first time in recent memory?
everyone was expecting them to go U
EB1 has cutoff?? for the first time in recent memory?
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makemygc
07-05 11:29 AM
http://digg.com/politics/Reversal_Fr...ard_Applicants
thank you
URL Incorrect. Plz repost
thank you
URL Incorrect. Plz repost
more...
gsc999
07-01 10:45 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
--
Mandeep:
Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.
Hope to see you become more active here.
--
Mandeep:
Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.
Hope to see you become more active here.
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logiclife
01-30 03:14 PM
1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
more...
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greenlight
08-17 01:45 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
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rayoflight
02-19 11:29 AM
SEC. 501. EARNED ACCESS TO LEGALIZATION.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
(a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink
‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION
‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
‘(2) has at all times been a person of good moral character;
‘(3) has never been convicted of a criminal offense in the United States;
‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
‘(c) Admissible as Immigrant-
‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.
more...
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sc3
10-18 10:32 PM
Kumar:
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.
Don't worry, I gave you green. I wish 'critiques' are out in open for discussion to get to our objective. But those moroons like hiding
Just imagine the cowardice of these people!. Online forums already have sufficient anonymity that you dont have to reveal your true name. Despite that people hide behind comment system to give reds (and tell things like "you suck" and what not). I hope the admins shut down this misused feature. Or make the system non-anonymous so that we can drag out these people and take up their comments in open forum.
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srmeka
07-12 09:04 PM
Yup in the same boat :D, hopefully we will cross the gate this time
I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.
I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.
more...
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BharatPremi
07-10 12:28 AM
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
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grinch
02-27 09:36 PM
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thanks again for teh tut, thats what i needed.
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gc_on_demand
11-17 10:44 AM
I think Senate is already there for lameduck,,,
Come one folks from california.. We can do it..
Come one folks from california.. We can do it..
memyselfandus
09-20 11:11 AM
by the time I realised that I should have bought the .org domain; somebody already bought it... I am already forwarding the LegalImmigrationVoice.com clients to immigrationvoice.com
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
gene77
03-17 01:54 PM
Category: EB3 India
PD: Oct 2004
140 Approved
485 Applied July 07 and pending.
PD: Oct 2004
140 Approved
485 Applied July 07 and pending.
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