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  • desi3933
    07-09 11:50 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.

    Read again -

    (3) an immigrant visa is immediately available to him at the time his application is filed
    it means that
    At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him

    Also read my other post
    http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103


    ______________________
    Not a legal advice.




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  • cjain
    11-01 05:18 PM
    pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...

    the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..

    So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.




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  • GC08
    07-08 09:01 PM
    I think lawsuit is always the "last" resort, esp. to us, legal immigrants. So long as there is a way to make sure they are treating us "fairly", no one wants to sue. This time, they just pushed us around so harshly that people could hardly bear it any more. Think about the past several years... all the chaos, backlogs, visa # wasted... Even if we are not given all the rights, we still need to fight for what we deserve. If no one chanllege status quo, slavery and segregation would still probably exist and women would still not be able to vote.

    By the way, I think whatever we do to get the situation exposed, we need to put this episode into a context, i.e., the history of mistreatment of EB immigrants and the mismanagement of the green card process. In other word, we are not just a bunch of people (like illegals) who just walk in the street to demand green cards. We are sueing and demonstrating because the process is so mismanaged that we have been the victims for a long time. ... just my thoughts.




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  • suavesandeep
    07-20 12:17 AM
    I pledge $100 for this cause also.

    Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.

    I am sure God will bless all of you with a timely GC :). Best Wishes again.



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  • SanjayP
    05-09 10:43 PM
    At least Bush Administration was sympathetic to our cause. Everyone knows that this is a congressional fix but alteast Bush never came up with those anti-H1b policies to destabilize people in GC queue. Now these numbers have retrogressed in month of June when historically this has never happened. Obama is trying to woo people at the cost of Indian community.
    Everyone knows Durban & how he has lately tried to screw Indian community and Obama is a good friend of Durban. Now Democrats are in majority , why have they not fought for your cause ? There was an idiot congressman in IV Dc rally who was talking about making all illegals legal from IV stage. So what else u can expect ?

    Come out of Obama Dreams & fantasy world. Obama is not good for us. He is good for illegals and any immigrant who is aspiring a blue collar job. They don't want you & me taking white collar jobs. He is helping right-wing white supremacist agenda by aligning himself with people like Grassley & Durban.

    I believe you are very close to the truth matter.
    Bush, deport and detain illegal immigrants while expanding and ignoring any frauds in H1/L1/etc programs for 8 years. Obvious, Bush thinks our future voting block will be in republican favor and illegals future voting block would be in democrats favor.

    Now we see with Obama he is acting in the opposite manner. He wants to legalize illegals to create a future voting block and to penalize and stop/disarm the h1/l1/etc programs because he believes we will not vote for democrats when we become naturalize.

    I will be sending this letter on Monday anyways because we need to do something our voices are being DROWNED out by the ANTI's!!!




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  • Ram_C
    11-06 01:40 PM
    Guys,

    It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.

    I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?

    Thanks and good luck to all.

    was your case transferd from NSC -> TSC ???



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  • hopefulgc
    10-09 10:57 AM
    People,
    no offense .. but what kind of crack are we all on?
    what ever happened to queuing theory?
    Visa number assignment is a classical queuing case that can be solved even by a newborn who fires a projectile pee without warning.

    and yes as long as we are all stating what we want..
    I want three parle-g biscuits with garma garam chai.


    It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.




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  • akhilmahajan
    02-26 10:21 AM
    This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.

    For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.

    I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.

    Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.

    But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.

    At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.

    Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.

    I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.

    I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.

    GO I/WE GO. TOGETHER WE CAN.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.



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  • nashim
    05-12 12:31 PM
    June VB is out !
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html




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  • chanduv23
    08-26 12:51 PM
    May be not true, my case assgined to officer on june 29th and no news yet. But I wish Ski_dude12 good luck.

    Did you try Ombudsman route? It may take a few more weeks, I guess it is worth a try.



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  • ak_manu
    06-09 11:40 AM
    Hi,

    I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?

    FYI,
    I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.

    I appreciate all of your comments.

    Thanks!!




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  • fittan
    07-09 02:40 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan



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  • inskrish
    08-14 12:08 AM
    I filed concurrently for I140 and AOS by sending in the application packet today. My lawyer suggested that even though the USCIS receives the packet tomorrow but are not able to receipt it before the 17th they can reject the it. I am a little confused about his advice, can anyone please provide a clue and sooth my nerves? It would be a tremendous obligation.

    Hi Prince_waiting,

    Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.

    Regards,
    IK




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  • dtekkedil
    07-09 09:30 AM
    I have read in a few places that we plan to send flowers on 11, and 12th also?

    If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.



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  • gc28262
    06-28 09:33 AM
    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.



    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin


    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.

    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?




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  • tonyHK12
    02-15 08:48 AM
    thanks cygent, nishanttambe, SDDesi, kosars, optimizer, crazymonk for the contributions

    Amount raised................$4,150.00
    Contributions needed.....$45,850.00
    .
    .



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  • Sakthisagar
    08-09 10:59 AM
    Why are you not taking EB1 into account where the diff is 9 - 10 years. I came to US on L1 in 2001 Then applied for EB3 in 2004 which was deneied in 2006. Then started in EB2 in 2006. So if you consider, I have been here since 2001 not that I just come in 2006. Like the same way you too move up in your career and then apply for EB2.

    Read this once more...


    That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)




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  • kg318
    04-20 10:00 PM
    hi guyz,

    Here u go. The company name is 3i Infotech Inc. based in NJ.




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  • rajesh_kamisetty
    07-04 08:05 PM
    Mine reached on July 2nd 10:30 am. I really hope they don't send my application back... and slip in through this process hahahahaha

    bibboy,

    I appreciate your contribution to IV..

    BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.




    chanduv23
    06-26 10:34 AM
    There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.


    .

    desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.

    In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.

    When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)

    I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.




    sGC
    08-24 08:06 AM
    Hi All, we got our physical cards yesterday my USPS.
    PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
    Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.
    Hi Subdhar

    I got the CPO emails on 19th. I am at TSC.



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