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Wednesday, June 22, 2011

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  • pitha
    06-30 10:05 PM
    I think fedex does some same day delivery service from some cities, I called they had that service from my city, you might have to give the package very early like 4 or 5 am on monday, call 1800-go-fedex for details

    i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.





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  • willwin
    07-28 01:02 PM
    I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(

    You are one funny guy in this thread with high sense of humor!! I like that!!!

    Only thing I don't like about you is - EB2. (Need to say I am EB3?)

    LOL.





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  • saro28
    07-12 06:48 PM
    Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card


    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!





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  • ak27
    01-09 10:02 AM
    Hi Guys,
    I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.

    Thanks,
    Varsha
    Varsha,

    Are we on for concall. Please post it again...



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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, 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.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.





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  • f16mav
    03-18 08:35 AM
    I can donate about 30K Continental miles. Please let me know the procedure.

    Thanks,



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  • mallu
    07-07 09:07 PM
    Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.

    No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).

    The USCIS shelf looks like : http://www.usaimmigrationattorney.com/NationalRecordsCenter.html





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  • vivid_bharti
    05-06 05:08 PM
    We thought the same way 3 years ago, 2 years ago, and last year too, but nothing happened, it could be another year and we could be sitting here in same situation 2 years from now. Question is when IV has already collected money for FOIA request than why it is not proceeding in that direction ? We get it in time or not is not the question now.... Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use.



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  • little_willy
    10-15 06:14 PM
    Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.





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  • DesiGuy
    09-11 10:56 AM
    another hurdle and another uncertainty. wait goes on...



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  • WillIBLucky
    11-22 01:53 PM
    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.

    There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.

    If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D

    So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.





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  • leoindiano
    03-17 10:19 AM
    EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.

    Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.



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  • sam2006
    01-16 07:21 AM
    50$ sign up from me

    and 20$ will come biweekly





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  • skamma
    05-17 01:22 PM
    Admin,

    Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.

    Thanks
    skamma



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  • a_yaja
    07-09 04:47 PM
    I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
    Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
    How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
    As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.





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  • ek_bechara
    10-15 03:11 PM
    You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.

    Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.

    Take productive things to the table to discuss. Let me give you a few pointers

    1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
    2) Differentiate ourselves from illegal immigrants
    3) Statistics such as taxes paid, contribution to economy, etc will help
    4) Ability to purchase homes, start business, and create jobs
    5) For the sizeable population we are, involvement in crime is minimal
    6) Peace loving people who want to live in this county and contribute towards its growth.

    So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.

    In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.

    We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.

    Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.



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  • kumar1
    07-31 03:18 PM
    x





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  • gc_chahiye
    12-21 12:54 AM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.

    unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...

    the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.





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  • Life2Live
    07-13 03:29 PM
    Please stop hurting messages..... No one can claim other people efforts for long.

    All happened so far is the effort of all of us and everybody know about it. Why to get emotinal stop adding more messages to the topic that are not helping us. Please put a end and stop throwing messages now on this unless it is informative to us.





    gimme_GC2006
    07-30 12:10 PM
    ok..so how come this is related to Immigration ???





    gsc999
    07-01 10:45 PM
    When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
    --
    Mandeep:

    Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.

    Hope to see you become more active here.



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