Saturday, July 2, 2011

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  • cagedcactus
    08-19 07:37 AM
    I'm ready to join in the law suit....

    Count me in too.... 10 years of slavery is enough for me....




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  • Mahatma
    08-12 10:15 AM
    Please correct the following typo.

    Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."

    I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....

    Sorry for the inconvenience.




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  • delhiguy
    07-08 05:57 PM
    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.


    After reading your example about the GC i am very positive now, about the lawsuit




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  • gsc999
    07-20 02:08 PM
    Zoooom, Anzeraja & All pledgers,

    Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.

    It was amazing to see such response to call for funds for Aman and other core members.



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  • chapper
    08-13 05:20 PM
    Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
    I got my I485 receipt notice today. Our applications are delivered on July 2nd.

    Receipt Date: 07/02/07
    Notice Date: 08/06/07




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  • GCBy3000
    06-05 10:03 AM
    Is there premium for I485?

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.



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  • immigrationmatters30
    07-22 08:17 AM
    Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.




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  • kumar26fl
    07-10 11:09 AM
    When USCIS says that they have made arrangements to forward the flowers to somewhere else, is it possible that the flowers be directly routed to the war veterans hospital instead of reaching the USCIS building first? They being government bodies, can they directly route the flowers without arriving at USCIS? Just a thought..



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  • vbkris77
    03-06 04:44 PM
    Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.

    Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.




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  • wait4ever
    08-08 11:55 AM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!


    I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
    Thanks



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  • mgautam
    07-03 10:04 AM
    This is a superb idea. I am game for it. Someone in the DC Area will also need to coordiante press releases to media so there is coverage for this.




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  • pandu_hawaldar
    09-03 05:34 PM
    Got CPO email today 09/03

    EAD at TSC

    Paper mailed: July 05.
    Receipt Date: July 08.
    Soft LUD: July 11.

    Priority Date: May 06, EB-3 (Ind).



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  • Lasantha
    07-28 12:58 PM
    OK. So now we are fighting between EB2-India and EB3-India, are we?
    Before it was ROW and India.
    The Anti-Immgration folks spying on this forum must be havinga good laugh!

    :confused:




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  • shukla77
    05-23 01:50 PM
    sent emails to 2 in NY



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  • Lisap
    09-11 04:11 PM
    Hi Lisap,

    I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...

    Did ur case status say 'ordered' before you got the ead in mail?

    Thanks.

    No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.




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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]



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  • Jun03
    07-02 12:08 AM
    Hi guys,
    With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
    I wish all this was a little less complicated..:confused:




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  • RanchCharm
    05-23 10:38 AM
    Just sent email or submitted web forms. Now the question Will somebody from Senator's office contact us. If they do so then what should we do? I am 99% sure no one will contact but just in case.

    Thanks,
    Good Work IV.
    Ranch




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  • InTheMoment
    08-01 08:35 PM
    Since it reached before July 30 it can reach anywhere !

    Though I would say pray for TSC !

    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.




    jkays94
    05-25 06:45 PM
    Shouldn't IV ammend the text of the email to better reflect the negative impact of the Bernie Sander's ammendment ? The Senators (who are known for not often reading voluminous legislation in detail) may have voted with their hearts for this ammendment thinking this was going to help students in their states. I think IV members who are their constituents should have a means of letting their Senators know the effect of their actions and for those who voted against it they should be congratulated for voting against this harmful ammendment. They may have thought of this as win-win situation. Yet they may have not known the following points (read the study its detailed):

    http://www.nfap.com/pdf/0507brief-business-immigration.pdf

    U.S. businesses pay over $91 billion a year in state and local taxes directed toward public education, while the mandated scholarship and training fees U.S. companies pay for each H-1B professional hired are approaching $2 billion since 1999, according to this National Foundation for American Policy analysis. These findings undermine the argument that companies should not be permitted to hire international students and other foreign nationals on skilled visas unless they do more to support U.S. education.

    For example Bernie Sanders spent his time barraging Microsoft and used quotations from Microsoft executives to argue for the $5000 fee for H1-B filings. Had other Senators been educated on how the H1-B program has benefitted the US economy they would have reconsidered their positions :

    The figures presented in this analysis show the argument against H-1B visas further falls apart when examining the already substantial taxes, fees, and charitable contributions made by U.S. companies. The Gates Foundation alone, funded by Microsoft stock, has contributed $3 billion to U.S. public education since 1999.

    Record of Senators who voted for or against the ammendment (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00179)




    boreal
    07-06 07:43 PM
    I still havent received the date when my app was sent(lawyer sent it)

    Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.



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