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  • file485
    07-09 12:07 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!





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  • sanju
    04-08 10:30 PM
    Make no mistake about it, IEEE-USA is not for any meaningful reform. They say that they support green card reform but actually they don’t. Otherwise they would have included some green card provisions in this bill, at least 485 filing provision. They make it look like they support green card reform because they do not want themselves to be looked upon as anti-immigrants. But that is who they are.

    Just as an example: Ron Hira says that H1s drive down wages when they come and work here. If we go back, Ron Hira says H1s promote outsourcing. If we stay here, Ron Hira says we take jobs of people here. So no matter what we do, the bottom line is, IEEE-USA has a problem with people on H1. They have a problem with our existence, not just here, but anywhere. Why? Because they don't like competition from us. And here is another fact, guys lobbying for this bill are actually racist and they just warp their objective around the economic argument.





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  • priti8888
    08-09 06:43 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    since u r the primary applicant choose option 1





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  • redgreen
    12-17 02:41 PM
    What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

    I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.

    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing



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  • texcan
    08-06 05:26 PM
    A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"

    The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...

    'Barbie goes to the Ball' for $19.95 ...

    'Barbie goes shopping for $19.95 ...

    'Barbie goes to the beach' for $19.95...

    'Barbie goes to the Nightclub' for $19.95 ...

    and 'Divorced Barbie' for $375.00."

    "Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.

    "Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."





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  • file485
    07-07 10:05 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)'..so he had to choose a 'yes'..is that so..? if it was yes,possibly that was the reason for scrutiny..

    when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
    jeez..this is so stressful and can totally empathize with you



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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.





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  • sledge_hammer
    03-24 10:09 AM
    Dude, it does not matter what you're reasoning is for getting into consulting. You do not even need to prove anything to me. Take your justification with you and present it to the guys that are going to approve your GC, NOT me!!!!

    If you are still so hard headed that you do not want to accept realities, what can I say!

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.



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  • boreal
    09-27 12:31 PM
    Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...

    Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)

    Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..

    Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)





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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.



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  • unitednations
    03-24 12:44 PM
    can you kindly enlighten me on what you exactly mean by "suspicious" original poster?

    Yeah..even I went to local office..without attorney..they didnt ask me to sign a statement..just sworn

    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.





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  • panky72
    09-27 11:07 PM
    If you visit this website, you can read Obama's policies on legal Immigration reform. It looks like Obama and Joe Biden plan to fix the legal immigration system and improve processing speed due to bureaucratic delays. He also introduced the legislation to speed up FBI background checks.

    Source: http://www.barackobama.com/issues/immigration/

    I found this on shusterman's regarding obama's views on immigration. Looks like he is all for family based immigration but no mention about employment based immigrants or green card backlogs.
    http://shusterman.com/pdf/obama908.pdf



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  • gcisadawg
    12-27 02:21 PM
    Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    -----
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.


    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?

    Peace,
    G





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  • xyzgc
    01-06 07:49 PM
    I am not spewing venom against anyone or any faithful members of other religion.

    When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.

    Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?

    Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???

    I think you are missing lot of points here.
    It is not OK either way. But you must count the number of islamic aggressions on India since 1600 A.D.

    If Hindus have killed 10 muslims, muslims have killed 1000! They have continued violence despite given their own land! It is a surprise Hinduism actually has survived despite so many attacks and conversions.
    The same can't be said of Jews of course, they are killing 10 for every 10!

    And nobody blamed entire muslims for Bombay attack, people were angry because some IVians didn't want to acknowledge this issue of terrorism and justified it on some ground or the other.
    Other good Pakis like Alisa acknowledged it very openly but refused to apologize, which is good because for some dirty people the world doesn't need to apologize. Most Pakis simply left hateful messages instead of acknowledging this issue.

    If others have already said this, excuse me, I didn't read the other posts.



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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.





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  • nitkad
    04-15 02:05 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.



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  • Refugee_New
    01-06 02:32 PM
    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs

    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?





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  • anai
    04-12 04:40 PM
    Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.


    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.





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  • trueguy
    08-08 06:13 PM
    Guys,

    Please vote here :

    http://immigrationvoice.org/forum/showthread.php?t=20768


    It will help us determine future VB for EB3-I.

    Thanks.





    masaternyc
    05-15 07:41 PM
    I think mbdriver is absolutely right, this would stop the exploitation of greedy consultancies and every one gets a fair chance.





    lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.



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