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Sunday, June 26, 2011

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  • pray
    08-16 02:52 PM
    Because you guys are not as clever as EB2s.





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  • chanduv23
    10-02 09:54 PM
    All NJ mebers follow this link

    http://immigrationvoice.org/forum/showthread.php?t=14048





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  • lazycis
    12-21 10:03 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.

    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

    http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf





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  • lazycis
    01-19 07:35 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?

    That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.

    BTW, here is the quote from the Department of State website
    http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
    "If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."



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  • va_labor2002
    07-25 07:08 AM
    JCMenon,
    I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.

    We should definietly try this,even if the outcome may be failure !

    Good Luck.
    We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.

    We did try a lot with S1932, outcome zero.
    We did try a lot with CIR, outcome zero.

    When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.

    If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.

    Lets do an openion poll and decide how many are in favor of this.





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  • 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....



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  • Jaime
    09-10 04:04 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
    you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
    and look forward to welcoming you in the real world as your friends and
    colleagues.

    However, we wanted to make you aware of a grim reality that you will surely
    face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
    heard rumors, but the truth of the matter is that most likely you will have to
    face years of waiting for an immigrant visa to be approved. This in turn will
    restrict your growth within an organization and at the same time prevent you
    from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
    of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even
    if you are finishing up your MBA from Harvard, it is likely that you will be
    impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you
    to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Regards,

    Your friends at
    Immigration Voice

    Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas





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  • Munna Bhai
    12-26 06:50 PM
    :confused:



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  • Legal_In_A_Limbo
    03-07 11:27 AM
    In my husband's case we dont have that much time.

    Here what our plan is:-
    1. Self file G-28.
    2. Follow up with an infopass appt. with in a month.

    Rest god willing. What ever is going to happen will happen. No one can stop it from happening.





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  • ItIsNotFunny
    12-10 08:45 AM
    http://mumbai.usconsulate.gov/cut_off_dates.html

    EB3-India moved for 15 days. This sucks.



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  • Ramba
    07-15 10:54 AM
    I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.

    Will this cause a concern with USCIS as
    1. This company applies for 140
    2. Revokes an approved 140 when employee quits
    3. Is again willing to offer the job

    Should I take AC21 route instead as I have an offer with the company B.

    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.





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  • sanju
    11-11 10:46 PM
    With democrats in control, at the very minimum we should try to push recapture of lost visa numbers. Tie that with the ability of immigrants to buy houses, we could have a game winner...

    As I said earlier, try something original. Do you know anyone on this forum who is oppose to the idea of recapture? You seem to suggest as if someone is saying "NO we do not want recapture". Is that what you think? And what makes you think that democrats will allow recapture? They have been in power in the congress for last 2 years. If they would have passed recapture, the current president would have for sure signed the bill into law. Democrats want comprehensive bill. They don't love any of us. Maybe, when they are passing comprehensive bill, and if they have some space left on the white paper, and they have nothing else to put in there, they may consider putting recapture. No matter how liberal we tend to be in our individual thought process and outlook, which generally is the tendency for most people in EB community to support democrats, the fact is, policies of Democratic party almost never support EB applicants. When Democrats have to chose between undocumented, family, H1 and EB applicant. We will be the lowest priority, or no priority. And because most of us inherently think/support democrats, we expect them to return the favor. "Wrong" expectation.

    And why blame EB community for supporting Democrats. Majority of population usually votes for candidate/party who has the policies to screw them. I mean, a lot of people who earn less then 40K vote republican, either in the name of religion aka conservativeness or whatever. Republicans give tax breaks to rich and screw the people who vote for them. Large percentage of Democratic supporters tend to live in cities or suburbs. They tend to earn more and are usually educated, for example, most people with college degree voted for Obama, and now Democrats will screw them for voting Dems in power by putting higher taxes on them. I guess, the rule is, parties who win elections have the onus of screwing the people who elected or supported them in the elections.

    I am merely trying to say that even if you tend to support Democrats, don't expect them to return the favor, but apply the general rule and get ready to be screwed for bringing them in power.



    .



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  • engineer
    09-27 09:15 AM
    http://www.mercopress.com/vernoticia.do?id=11377&formato=pdf





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  • pappu
    02-08 02:41 PM
    In December, the CIS Ombudsman's Office began a pilot teleconference program on issues of concern to individuals and employers as they interface with USCIS. We have had three such pilot teleconferences so far and in February will continue with a few more. Please join us on Friday, February 16, from 11:00 a.m.-12:00 noon EST for the "Newark District Office: How Is It Working For You?" We look forward to hearing your comments, thoughts, and suggestions for improvement as well as any best practices you have noticed in your interaction with that office. We also would appreciate your thoughts regarding the Cherry Hill , NJ field office.



    To participate in Friday's call, please RSVP to cisombudsman.publicaffairs@dhs.gov. The first 50 people to sign up will be able to participate and will receive a return email with the call-in information. If you are unable to participate on Friday, stay tuned for similar upcoming programs which will be posted on our website, www.dhs.gov/cisombudsman. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.



    We appreciate your assistance with this pilot program.



    Thank you,
    Citizenship & Immigration Services Ombudsman

    U.S. Department of Homeland Security

    Mail Stop: 1225
    Washington , DC 20528-1225
    Office: 202-357-8100

    www.dhs.gov/cisombudsman



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  • Jaime
    09-28 06:11 PM
    http://biz.yahoo.com/ap/070926/eu_immigration.html?.v=1





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  • aachoo
    03-09 12:47 PM
    Hey who are you calling BS ???? :rolleyes:

    I have been in the US 15 years and counting.

    -a

    This is insane, they are moving 15 days in 1 calendar month.

    So going by this pace for EB3

    mar 2002 - march 2011
    mar 2003 - march 2013
    mar 2004 - march 2015
    mar 2005 - march 2017
    mar 2006 - march 2019

    i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!



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  • pkak
    07-13 01:16 AM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.





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  • yabadaba
    02-20 03:19 PM
    few weeks :D

    from our polls in the past we came to a general consensus that there is a significant amount of filers between pre 2003 - 2005 march. Once u go over that hump...the date should move to dec 2005 because of the conservative approach most of the lawyers had with filing PERM in the initial days

    http://immigrationvoice.org/forum/showthread.php?p=101115





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  • dagabaaj
    09-28 04:39 PM
    Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.

    The point here is that, is the EU a greener pasture than the US?
    IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
    The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.





    pointlesswait
    02-21 11:39 AM
    if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?





    shreekhand
    08-16 02:53 PM
    There is no injustice in the VB...just a higher demand from EB3.

    If there is any injustice then it is with the present per country limits without regard to the demand and skills that emanate from a country.

    It Is Too Bad For Eb 3 , Why This Injustice With Eb 3 ?



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