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  • nomi
    12-13 11:03 AM
    I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
    but What is the stand of Core group on this?
    No update from any one!!

    Please Core Team ,

    Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.

    Please throw some light in this regard.

    thx.

    nomi





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  • willwin
    07-28 01:35 PM
    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.





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  • ragu
    02-19 09:03 PM
    are nil. Politicians are not going to touch immigration even with a 10 foot pole right now.

    I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..





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  • bigboy007
    07-18 11:08 AM
    OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.



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  • delhiguy
    07-09 04:12 PM
    delhi..

    what is your PD?

    2007





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  • pappu
    09-10 11:14 AM
    I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.

    Thank you.

    You can post. Just type the messages on the left hand side panel.



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  • Ramba
    07-14 10:02 PM
    --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • polapragada
    02-14 01:43 PM
    For those who is not seeing this is happenning,
    Just look at what is happening around you...



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  • greyhair
    06-20 09:40 AM
    My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don�t have a job it has got to be someone else�s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with �real Americans�. And this �real American� thing is so full of it. You are real American because your forefathers came here in 1700? But weren�t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.

    None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your �real American� thing is so bullshit because everyone loves to claim that they are only �real Americans� and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of �America� and you competition is �evil and against all Americans�. This is not only stupid, but plain dumb.

    Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about �real American�, �illegal�, �Chinaman�, �Hitler� etc., did I miss something? Hear me out because this competition is not going to go away with Sander�s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander�s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style �real American� because with your attitude you sure need a whole lot of it.



    At what point are all you anti-American morons going to end this. Immigration followed to the letter of the law - YES. But if you came here illegally, are working here illegally, or are for immigration in any other form than that of the letter of the law - I am sorry. But getting to the point of this. If it wasn't for all of this illegal immigration, if it wasn't for countries ESPECIALLY India and China driving the AMERICAN way of life as a race to the bottom instead of a race to the top - we would NOT need this law. See you all have it wrong - we TRUE aAmericans like me who have 5 generations going back to the late 1700's....my forefathers laid the plan - laid their lives down to build this country and I paid my dues to get my GOOD PAYING job in IT that I worked and slaved for 20 years. And to have an immigrant whose country has done nothing but ride the tailcoats of what we Americans have done and claim it as there own. We have a word for it here in the US - theft. And that is what it is - these jobs that we are trying to fight for here have been STOLEN. And yet there are so many of you who just think that is ok - sure who care let them go....if a Hitler type were to rise again and another World War were to come.....this GREAT Country that you declare to love would not be able to defend itself.....because it's fabric....it's backbone has been dismantled my the theft - by the race to the bottom, by whatever you want to call it....it's all but gone - the dream that you think is still there is a puff of smoke my friends...plain and simple. There is not an INDIAN or CHINAMAN that has the background in IT nor the number of US Patents, and inventions that I have given to the companies that I have worked for and for the country I love. Yet one year after being unemployed I still can't find a job and as a book that is about to be released will educate most on you of who I am find this out - I dare you to look carefully and see just how many others like me are being displaced by un-americans and how that knowledge is taking the competitiveness of the US and shipping it overseas. How sad it is. There is a chapter in the book of one of by greatest inventions that has stood for 10 years to protect a certain part of your life....it was never breached -it never failed in 10 years and yet last month, my former boss showed me how almost 3 billion dollars this quater of American wealth was erased because an Indian person now controls that system and doesn't understand what he's doing and even though I could point it out in a 10 minute conversation I won't and I hope that some of you who are saying no to this in a way without understanding it lose your hard earned money.....I certainly have lost more than you can imagine.....all I can say in the end is not God Bless the USA - but God Help Us.....God Help the USA.





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  • lazycis
    12-20 08:35 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.



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  • jcgc
    02-21 10:03 AM
    Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

    From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

    Ok now shoot me down.


    From ,
    1. In Fy08, there were 189 EB2 India approvals.
    2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
    3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.

    Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.





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  • amitjoey
    07-05 12:34 PM
    I just contributed my first $100.00. Go IV!

    Thanks map_bolier



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  • Deaddocus
    03-15 08:09 AM
    Uhm, 3D Character design for a building?





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  • a_paradkar
    07-25 05:00 PM
    Do you need an EVL if you are just sending in 485 application for your spouse.

    My 485 was filed in Sept 2005?

    Kind of confused. can someone answer that?



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  • pray
    08-18 08:56 AM
    Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..

    Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.





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  • immi2006
    06-12 02:46 PM
    i think most of us make excelletn candidates to become Senators :-) if not at least a good immigration lawyer..



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  • akred
    02-21 10:58 AM
    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks

    1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.

    2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.

    3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.





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  • GC_1000Watt
    03-12 02:39 PM
    Here we are again "Mentally" bruised and beaten by yet another VB.
    USCIS talk about some unknown cases in district offices..tomorrow they will say they have more pending unknown cases at some local attorney general office. And then we have no spillover happening, just asking for a disastorus wastage of visa in the last quarter. That's all ridiculous and making a mockery out of us.

    Wish I had the power and money to pull USCIS in court and ask them to actually clear the scene to all of us.
    Can "IV" in some way provide us with the "Power" to question USCIS and publish the answer in public? If the answer is Yes, then I am sure many people can contribute for the cause.





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  • ksvreg
    06-30 10:56 PM
    Can I handover my I-485 application personally on Monday at Nebraska?

    I am planning to take a flight to Lincoln. Not kidding. Anyway we are spending money on many things. Lets treat this as premium mailing. :)





    hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





    downthedrain
    02-03 10:31 AM
    Thanks desi3933, couple more questions...

    do I have to submit only the job offer letter?
    Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permamenet for the same salary as in I140?
    Do I have to send the W2 from last year?
    Do I have to send 2 paystubs from this year?



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