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  • delhiguy
    07-09 04:20 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    Whenever i say this "Such policies, unless backed by legal basis, are not enforceable" Everybody starts bashing me up...
    So you be ready toooo.

    I would be very happy , if all the H1B guys get EAD , but i cant just give a statement against DOS/USCIS till i am 100% sure.





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  • feedfront
    09-14 12:21 PM
    Current PD folks, if you get RFE please share your RFE here..





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  • srinivasj
    03-11 11:11 PM
    now looks like dates would move only after july..





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  • ski_dude12
    03-09 02:23 PM
    No change for EB2-I.



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  • dilvahabilyeha
    06-18 02:23 PM
    Hi friends,
    Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.

    ------------------Here is the lawyer email---------------------

    As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
    1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/i-485.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    2. Form G-325, Biographic Information. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/g-325a.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
    http://travel.state.gov/passport/guide/composition/composition_874.html

    4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.

    5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.

    6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

    The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
    Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

    Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.

    7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.

    8. Employment Verification Letter. I will forward a format for this letter to your employer.

    ---------------------------------------------------------------





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  • wizkid732
    07-29 01:44 PM
    you crack me up. You seem to be really pissed off and dont want to listen right now beating around the same point. Take a deep breath, calm down and think about reality.

    An employers job is not to make you happy. They try to make you happy so that you do the work they need from you. Thats all. I am sure they didnt hire you so that they have the privilege of sponsoring your GC.

    Are you suggesting that in their offer letter they should imagine all the possible scenarios.
    Employment is at will anyone can fire anyone at any time without notice. The 2 week notice is only customary.

    I am not sure how long you have been in this country but i know quite a few folks who worked for big companies and got laid off on their 16th year(with a decent package ofcourse). And the reason is that for those companies, they pay pension after 18 yrs :-)


    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????



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  • satishku_2000
    07-09 03:18 PM
    Her PD is 2003 .. She has a reason to be pissed off ...





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  • Jaime
    09-12 02:14 PM
    You still have time to arrange your plans and attend! Here�s why you should come:

    You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.

    You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!



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  • maddipati1
    03-12 07:20 AM
    ur and some others optimism amazes me.. :D

    seems like u r already planning for getting ready for next visa bull(shit)etin ... and after parties... :D

    now looks like dates would move only after july..





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  • perm2gc
    12-31 01:43 PM
    Good Job Guys...We will me seeing more results if we can regularly post in the other forum/board.Lets make every friday a target day to post in as many forums/boards possible.

    Thank You for all who has given their valuable time to IV.



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  • signifer123
    02-16 01:02 PM
    Lol only one person i know of said they were giving up man, i just have to replan my look for mine





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  • tejaswiyvs
    10-10 12:42 PM
    Wow. period.

    I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.

    We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.

    Here's the actual conversation.

    Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".

    Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"

    Officer1: "Sir, your documents"
    Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."

    Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."

    Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"

    Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"

    (They talk)

    Officer 1: "Are these valid?"
    Me: "Yes"
    Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
    Me: "F-1?"
    Officer 1: Name?
    Me: I tell him.

    He calls someone up, finds out, checks my status and returns my ID.

    And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".

    Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(

    Damn, I miss India now.



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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....





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  • virginian99
    06-13 01:05 PM
    Looks like Cirus is comming back. we should plan for our EB provisions...

    Sens. McConnell & Lott on verge of passing amnesty -- unless you get in their way

    THE U.S. HOUSE TODAY is dealing with many important immigration matters as it amends the Department of Homeland Security appropriations bill. Your NumbersUSA Capitol Hill Team is following this closely. You can follow all amendments and votes on our special VOTE DAY page. We update at least by the hour. If you see something you want to support or oppose, don't hesitate to call your U.S. Rep.

    TO BEST FIGHT THE SENATE AMNESTY, read Rosemary Jenks' short summary of all the key elements of the S. 1348 Bush/Kennedy amnesty bill as introduced. Scroll down to BACKGROUND INFORMATION.

    Read short descriptions of all amendments the Senate has already passed to modify the bill. Scroll down to FINISHED VOTES.

    Friends,

    I regret to tell you that our victory of last Thursday night has eroded to almost nothing by this morning.

    Senate Republican Leader Mitch McConnell of Kentucky and Senate Republican Whip Trent Lott of Mississippi have succeeded in twisting nearly enough GOP arms to assure Sen. Ted Kennedy (D-Mass.) that they can deliver the votes to pass his S. 1348 amnesty for 12-20 million illegal aliens.

    Here is the pitch that McConnell and Lott are said to be using -- and the pitch that only you can persuade Republican Senators to reject:

    Lawmakers are being told that they must agree to vote for cloture on the amnesty in exchange for a chance to have some favorite amendments brought up OR they will lose a chance to "sit at the table" in final fashioning of this bill.

    A senior GOP leadership aide confirmed that anti-amnesty Republicans are being told by Party leadership that they “need to get on board if they want to remain relevant.”

    I have some actions related to Democratic Senators that I'll detail further in this email. But our most urgent work today is with GOP Senators.

    NO MATTER HOW MANY TIMES YOU HAVE PHONED IN THE LAST MONTH, YOUR PHONE CALLS ARE DESPERATELY NEEDED TODAY.

    CALL SENATORS IN D.C.
    202-224-3121

    (If you live in Mississippi and Kentucky, I've already sent you your action opportunities. You have to take responsibility for the two Senators who at this moment are competing for the title of America's No. 1 and No. 2 Enemy. I am sending this alert to you so you have the additional information that is in it.)


    TELL GOP SENATORS TO REFUSE 'A SEAT AT THE TABLE' AND TO REMAIN 'RELEVANT' BY PROTECTING THE WORKERS AND VOTERS OF THEIR STATE


    Call their offices and tell them you have heard of the 'take-it-or-leave-it' deal they are being offered and that your advice is:

    "Refuse a Seat at The Table If All They're Serving Is Rancid Mush."

    Tell them that permanently legalizing 12-20 million illegal aliens and giving them permanent access to our jobs is a dish not worth fussing over. No amount of seasoning or ingredient changing can make this dish palatable to the voters of your state.

    Any amendment that would truly protect Americans would be killed by the Bush/Kennedy coalition.

    No matter how many amendments are allowed for votes, the end result bill will be terrible -- maybe slightly less terrible than now, but still terrible. There is no point in trading away a YES vote on cloture for the chance to offer an amendment.

    You must make it clear to every one of these Senators that they will be made to pay politically over and over the next year (maybe their whole careers) for a YES vote if this bill comes up again on cloture.

    Remind them that Sen. McCain has seen his front-runner status in the Presidential primary race plummet because of his highly public support for this bill.

    Why would any of these Senators want to carry around that same kind of baggage?

    And tell your Senators that they have all the "relevance" they need by being the representative or your state in the U.S. Senate. They don't need George Bush or Karl Rove to give them relevance, especially if relevance has to come at the expense of principle.


    EXPOSE AND CHALLENGE THE LIES THAT POLLS SHOW AMERICANS SUPPORT THIS AMNESTY


    Yet more news media polls are being released purporting to show that the majority of the public supports this Senate amnesty bill. The big use of these polls by reporters and open-borders advocates is to supposedly prove that all of your phone calls are just a loud-mouthed minority.

    The fact is that nearly all the media polls fail to offer people the choice of Attrition Through Enforcement.

    When Americans are offered a choice between legalization, attrition or mass deportations, most Americans choose attrition. And an overhwelming portion choose either attrition or mass deportation.

    You can find great backing of what I just said by going to our web page on polls.


    OUR ARMY IS GROWING -- Let's Hold Back Disaster While We Recruit Another Army of Reinforcements


    I hope you feel encouraged to know that another 4,081 Americans registered with NumbersUSA and immediately began faxing and phoning -- that was just yesterday, one day.

    Day after day, the word is getting out. More and more Americans understand that they must take real action if they are to save their American quality of life.

    We started the year with around 250,000 activist members. Barely a month ago, we hit the big 300,000 milestone. It looks like we will hit the 400,000 mark tomorrow!

    In addition, we have a total email list of more than 1.5 million now.

    Unfortunately, not everybody who connects, becomes a direct activist with us (although we assume they are having some influence among their friends and colleagues). And not all who register as activist members respond regularly to our Alerts. We know we probably need to have 2 million activist members to ensure that 500,000 are acting at any point. This is true of any organization. But we appreciate every one of you for whatever you are able to do. It all adds up to something strong.

    Numbers of faxes you ordered the last two days:
    Tuesday -- 89,776 faxes
    Monday -- 61,647 faxes


    HOLD ONTO OUR DEMOCRATIC ANTI-AMNESTY VOTES


    It is imperative that we hold onto at least 9 of the 12 Democratic and Independent NO votes we got last Thursday on the cloture vote.

    Phone these offices and urge them not to be taken in by the Republican leadership's pandering to Big Business lobbyists who are demanding to keep employing their 7-million-plus illegal workers and are demanding an amnesty for all the lawbreaking by the outlaw companies in the past.

    Tell these Democrats that they are standing with the American workers on this and should be proud of their principled stand against Pres. Bush's dream of globalizing the American labor force.

    THE 12 NON-REPUBLICANS WHO VOTED AGAINST AMNESTY LAST WEEK
    (* Up for re-election in 2008)

    * Baucus (D-Mont.)
    Bingaman (D-NM)
    Boxer (D-Calif.)
    Byrd (D-WV)
    Dorgan (D-ND)
    * Landrieu (D-La.)
    McCaskill (D-Mo.)
    * Pryor (D-Ark.)
    * Rockefeller(D-WV)
    Sanders (I-Vt.)
    Tester (D-Mont.)
    Webb (D-Va.)


    THE BASIC MATH


    Last week, 45 Senators voted for cloture. It takes 60 votes for cloture to pass, thus ending a filibuster and allowing a final vote, which at this time would require at most 50 votes to pass.

    The pro-amnesty Bush/Kennedy coalition has to persuade 15 Senators who voted NO last week to switch to YES if the cloture vote comes up again.

    The only thing that can keep that from happening is an even larger outpouring of phone calls, faxes and local demonstrations at Senate offices, etc.



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  • varshadas
    02-08 08:23 PM
    Its OK either way. Everyone is not needed. It does not matter if you are not from the district. If you can't make it, don't sweat it. Hemal is coming. Two of us should be OK.

    Btw, what happened to the flyer distribution at Metropark?

    Thanks,
    Varsha





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  • GCKaMaara
    04-08 09:26 AM
    A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!

    When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.

    Makes complete sense.



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  • belmontboy
    03-21 04:38 PM
    Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

    Taking advantage of employees by making insincere promises is not illegal, but is unethical.

    It's good to know about these companies so that other's don't end-up with the same problem.





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  • delax
    07-20 10:03 AM
    Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???

    You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.





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  • 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...





    catchupvijay
    06-11 02:01 PM
    Thanks!





    pointlesswait
    07-11 02:29 PM
    i think this move is temp...it will move back..before oct 2008!!


    I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.



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