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  • thirdworldman
    03-15 01:45 PM
    I'm all for doing a robot; I'm also for a six week deadline with intermediary deadlines; the longer the better though--this is very time consuming and i'm going away for a few weeks.





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  • coopheal
    03-19 05:34 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !

    What is your point?? You stop your madness?





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  • Legal_In_A_Limbo
    03-20 09:13 AM
    Can any one share with me the AC-21 offer letter + Employer verification format?

    I am planning to send in my paper work for AC-21 and is doing by myself. I will really appreciate oif some one can guide me with that.





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  • chintu25
    09-10 10:44 AM
    I will update here for those who cannot enter chat


    Right now they are discussing
    H.R. 6598
    the "Prevention of Equine Cruelty Act of 2008

    I will update here once HR 5882 starts



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  • karanp25
    07-14 06:23 PM
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?

    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • sledge_hammer
    10-20 10:01 AM
    Thanks gclabor07!

    Highly Skilled workers:

    Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.

    Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.

    Increase available green card numbers to reflect employer and employee demand.

    Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.

    Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.

    The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.

    It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!



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  • jsb
    01-22 11:47 AM
    Nice definition for happiness for American, Japenese , So what about definition of happiness for Indian , Is it GC ? :):)

    No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.

    Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.

    We always pay in some form for any happiness we seek.





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  • nozerd
    10-29 10:03 AM
    EB3 INDIA
    PD: August 2001
    LC cleared: October 2005
    I 140 approved: Jan 2006
    I485 filed: June 2007

    Waiting! Same job since 1999 (with internal promotions)



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  • imh1b
    11-12 04:03 PM
    Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.

    IV should spend money for EB3 India rather then EB2 India who are already in advantage.





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  • StarSun
    02-18 11:04 AM
    Sukhwinder is coordinating the efforts on carpool and hosting options.
    Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com

    Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.

    Thank you.



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  • starscream
    09-10 12:38 PM
    Judiciary committe to resume at 1:00pmGot it. Thank you.





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  • coopheal
    11-11 08:32 AM
    If we are in sinking boat then lets sink rather than try to survive.

    Guy is telling lets try to survive. Lets try.... Its far from success but towards it.

    IV Core any updates?



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  • smartboy75
    07-11 01:17 PM
    Thanks for your post. Is there any chance for any or Significant movement like this in EB-3. Now it's about time for EB-3 to move ahead. We have been trying for Bills every year, without any luck. Why is it so difficult for any movement in EB-3, which is stuck in 2001 and not moving ahead. It is really frustrating. EB-3 I is really suffering the most. Is there any solution for that ?

    ____________________
    Phone calls to CHC Members
    Written Letters to President & IV
    Attended DC Rally
    Contributed to IV
    PD: October 2003, EB-3
    The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....





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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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  • snathan
    03-10 08:52 PM
    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.

    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.





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  • gondalguru
    07-11 02:03 PM
    I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.



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  • coopheal
    03-20 08:43 AM
    I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.

    Don�t do character assassination of EB3 applicants. EB3s who now have qualifications/job for EB2 should definitely try to convert over to EB2. EB3s don�t listen to people like these. It�s the same mentality which opposes eliminating country limits; more over its same mentality which opposes EB reforms. Grow up��

    Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.





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  • dummgelauft
    08-21 12:51 PM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

    Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
    Now, coming to your case.
    I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
    (1) Family based
    (2) Employment based
    (3) Humanitarian / Refugee
    (4) Diversity Based
    It is still not clear, what CATEGORY he applied for you under.
    (a) Can not be family based (you are not his spouse, child, sibling etc)
    (b) You CERTAINLY DO NOT qualify under Employment based application.
    (c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
    So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
    Get your self back in to Cananda and work towards building your life back up.
    Bon fin semaine!!





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  • acecupid
    08-13 04:12 PM
    D. VISA AVAILABILITY FOR OCTOBER

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.

    Does this mean entire EB3 category will be retrogressed in Oct or Mexico has a separate category?





    leoindiano
    03-17 10:18 AM
    Porting cases needs more research and with USCIS performance, you can say that it may have little impact on 2004 cases. The substitution cases filed in July are of 2005 and after cases. 2003 and 2004 cases all substituted before and i believe that is what created this mess for you and me.





    gemini23
    09-26 10:13 AM
    Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.



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