Wednesday, July 20, 2011

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  • uma001
    03-21 03:30 PM
    ****Plus $12K and then what? You will leave the firm in 6 months.****

    Working for them till I get green card itself a big thing.You know getting green card takes a decade. How can you leave in 6 months just after filing.

    BTW,Are you the owner of one of these companies?

    Companies,

    Don't show green card fruits before hiring an employee...Just be frank. Say it if you dont do green card before hiring , not after joining.





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  • Ramba
    07-09 07:44 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.

    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...





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  • GCBy3000
    12-27 09:44 AM
    I have been in different states and this drivers licence rule differ substantially. California / florida strictly goes with your H1b validity date. For H4, it is much more difficult and my wife did not get it in CA but somehow managed ot get it in FL. When I moved to wisconsin, they gave me 3+years over my H1b validity date and also for my wife. The entire DMV process took us 5 mins whereas in FL, we stood in line from morining 3 am till evening 5pm and eventually got appointment for next day. When I asked about this in WI DMV, they said Wisconsin does not follow this and they are not aware of this.

    If financial institutions are following govt regulations, does it mean that Govt mandated this against h1b? One of those gimmicks where a H1b is subject to difficulty like obtaining driver lisence etc...is this the same gimmick to legally give hardship to h1b?





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  • pitha
    06-12 07:53 AM
    our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.


    so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue

    he does'nt even know we exist

    CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,

    we certainly don't need sweeping legislative chance to reduce retrogression



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  • qualified_trash
    12-27 07:02 AM
    Let us consider this in the context of what happened in this country on 9/11. Almost all of these rules were implemented post 9/11. There is no use crying over this. IMHO, we are paying the price for someone else's mistakes.

    We should just concentrate on legislative relief and in the interim, follow the law to the letter so when we do speak to the Senate/Congress, our position as a group should be above reproach.

    As for home loans, Ameriquest gave me a great rate and had me pre-approved in no time.........

    Airlines: fly direct to India/China/Japan/Philippines etc. it is a lot easier on kids as well (if you have kids :-))

    And finally, it is good to see a bunch of new members on the forum :-)





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  • hiralal
    06-08 10:19 PM
    You might get your GC while you are at the retirement home....
    that seems to be the idea. I meet lot of senior retired people from India ..they say they got their GC's at the age of 60 (through family) ..they get so bored and disappointed that they just go back and give up their GC's ..so yes I agree, think that you are on temporary visa, earn as much as you can and have 1 suitcase packed and ready to leave.



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  • fcres
    07-23 03:52 PM
    This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf

    And this is the inter office memo
    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.

    Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.





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  • eastindia
    09-09 01:03 PM
    American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.

    EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.

    They should be doing hunger strikes and do a rally in DC every month.

    Else they can forget Green card coming any time soon.



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  • Macaca
    01-28 12:06 PM
    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.


    Once again, like many other posts that pop up at the rate of 1/day, very reasonable remarks. For a change they are civil. I have thought about all of them.

    The only difference is that I have some more time these days to think of the big picture. I concluded that the absence of these issues (and numerous others) is really not effecting any progress, and I can ignore these issues and contribute to progress.

    As a concrete example, I have thought of webfaxes/lobbying. Based on my analysis (which is completely independent of IV) of the current state of our bill, nothing significant is happening about it right now and it not posible to gauge the future. Thus, it is not an effective point for webfaxes/lobbying. With this conclusion, there is nothing to say.

    Everyone is entitled to his/her opinion as long as we move ahead.





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  • GCard_Dream
    01-17 02:18 PM
    anurakt,

    The intent of the message is appropriate but the presentation isn't. I know core team is very frustrated with the lack to contribution and it's perfectly understandable but language like this will only turn more people off and that won't help anyone.

    I agree with the post earlier that may be you should just delete your post for the good of the community and I am sure you know that.



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  • desi3933
    02-11 07:03 PM
    Dude,

    Calm down, PresidenO gave you good comment and you got carried away thinking that President Obama praise you. Just vent your frustration somewhere else.

    PresidentO,

    I saw your past comment and it seems like you have an Attitude problem.

    If something your are not agree or disagree that's fine but there is now way to go this far.

    Great!!

    Now you have come down to personal attacks while conveniently chosen not to reply to this. Did you read that pdf document and if so, show me where you see 13,000 unused numbers?

    Go for facts, not for fictional stories.

    Read this
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    and tell us, where do you see 13,000 unused numbers?





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  • conundrum
    10-17 11:36 AM
    Faxed and mailed!



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  • Hope_GC
    07-16 08:02 PM
    I agree with you..

    I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.





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  • sin94
    05-26 06:05 PM
    I haven't heard anything like this (yes random checks I seen by cops in NJ) but not searching all cars on a highway and then verifying if everyone is legal and harassing them if they have not carried their immigration papers.

    I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.

    where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules



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  • starving_dog
    07-24 11:22 AM
    No, for employment based citizenship you must get your green card to start the five year clock ticking for naturalization. You may apply for citizenship after 54 months of naturalization.





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  • h1b_forever
    03-09 01:10 PM
    I am getting Red for this. Great.

    Some people seem to feel better by giving others red.



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  • StuckInTheMuck
    07-28 12:38 PM
    Okay, from wine shop to religion to law to constitution, what next :)
    Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.





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  • alex99
    11-05 03:58 PM
    Bump





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  • webm
    09-26 10:12 AM
    I sent a message to editor!!!





    diptam
    06-30 06:57 PM
    Sounds like a plan - let us know what's the next step.

    I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )

    Thanks again for your leadership.

    Diptam





    voldemar
    06-23 09:43 AM
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved.
    For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.

    if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.



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