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  • rayoflight
    05-27 06:38 PM
    Well you can certainly make copies but I was talking about making 'color' copies. As far as I know making color copies is illegal.





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • vgayalu
    07-25 12:12 PM
    Dear Friends,
    What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
    A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
    If it is really a law then they should say aome thing about the method of calculating cut off dates.

    Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
    Please discuss with senior attorneys and DHS and DGS officials.

    With regards,
    vgayalu





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  • gsc999
    07-24 05:05 PM
    Guies,
    Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

    That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

    But any way it is a waste of time.
    ---

    It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.



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  • suriajay12
    02-19 07:21 AM
    And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?

    Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!

    There is a difference.. In this case (>5 years), it will also include clauses or something that will not jeopardize your status. Compare requirements we have to meet in different stages and in this case. In LC, 140... you are at the mercy of many agencies, including mood of the officier who looks at your case, economic conditions, your employer, etc etc.. endless list . In this case you are just dependent upon yourself and if you can prove you were in the US for >5 years in whatever ways you can, then you are good. I know some who dont meet this 5 years may be disappointed, but they must find a way to include themselves if they can make sense. But not just cut the line.
    To prove >5 year legally in US is fully on you.. which is VERY good. Support it.





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  • gc28262
    08-11 05:21 PM
    Guys,

    I have thought of one more idea..

    We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).

    And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.

    Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front

    Anyone having the facts and numbers of 245(i)?

    This will need a legislative change.
    I have some information about 245(I) here EbImmigrationReference (http://ebimmigrationreference.blogspot.com/)



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  • krishmunn
    05-23 02:25 PM
    MBA is not for everyone and in addition, an Online MBA doesn't have any value. .

    Agree with your first part ---- MBA (or any Masters) is not for everyone -- you are a living example :)

    For second part of your post (online MBA does not have any value) ---- you are probably still living in stone age -- BTW, did you hear of something called google :)





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  • pappu
    01-17 01:43 PM
    it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
    Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
    IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
    and start contributing today.



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  • tb2904
    12-27 10:34 AM
    I posted the following details in other thread -

    ************************************************** *******
    Here are the options to fly back to your home country:

    1. Fly directly to your home country - No transit visa required and no valid US visa required

    2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa.

    Here are my past experiences:

    1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.

    2. My US visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.

    3. My US visa on my passport expired. I flew directly from NY to New Delhi on Continental. No questions asked.
    ************************************************** *******





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  • aps
    08-09 12:20 AM
    :rolleyes:I mailed my I-485 application on July30 and it is delivered on next day.
    My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.

    I have copied the question from faq3. It is the first question.
    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used.

    Please explain if you have any idea about this.



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  • nozerd
    01-28 09:49 AM
    Yup. Specially given that H1 is a dual intent visa.
    All Im asking for is clarity. DOS needs to come out and say that based on current demand we except your priority date to be current between x and y date. Even if the x and y is something ridiculous like 8 or 10 ys I am cool with it. Atleast we will know where we stand and not try to be hopeful and depressed with each VB. We need some good estimates to make imp life decision.


    The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don’t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.





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  • singhsa3
    03-03 06:19 PM
    Hold on..
    Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.


    The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.


    thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.

    This is not extrapolation, its a joke.

    For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.



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  • NKR
    03-16 09:25 PM
    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????

    It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.





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  • coolmanasip
    07-24 10:08 AM
    60 days...period of authorized stay.....check with the international advisor in school......



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  • chanduv23
    11-22 10:47 PM
    [QUOTE=ImmiLosers]Document URL
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????





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  • smuggymba
    07-29 08:31 AM
    A sure invitation for defamation suit. Good luck.

    This is just info, OP is not defaming anyone. He might be wrong about the info, but this info is not causing any harm to those companies.



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  • pappu
    01-19 10:13 PM
    Hello Members,
    I was able to attend Tri-State Con Call. These are actionable for us to increase IV membership and awareness..

    1. Meet the law members compaign. List of Congress Members is below:
    http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj
    2. Media Campaign: Contact major media outlets and try to publish stories about EB Green card issues.
    3. Commercials in Theaters playing Hindi movies
    4. Distribute flayers on NJ Transit Buses, Trains and Grocery Stores.

    It is up to us to get these initiatives going as soon as we can.
    Thanks for attending the call and taking initiative.





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  • nobody
    03-12 12:08 AM
    I voted thirdworldman. I'm kind of a sucker for the curved thing, though the train would have to be broken into soo many segments for it to actually corner a corner like that, we'll just assume it'd work :beam:
    I liked the texturing and all the most actually, the walls are cool :thumb:





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  • maximus777
    06-08 06:17 PM
    Plain and simple. From now on just imagine that you are working in one of those persian gulf countries - work on a visa as long as you work. This way its less stressful. If you have immigration intent, then enter illegally. :mad:





    wahwah
    02-21 02:17 PM
    i disagree. EB2 India is not more crowded than EB3 India. EB2 India currently went U because DOS made a dumb mistake of releasing the EB2 PD to April 2004 back during the October 2007 VB. That is why the visas for EB2 got exhausted so quickly. The problem is that there are still lot of candidates from 2002 and 2003 that are unapproved so it didn't make sense to release the October VB with April 2004 PD.

    I doubt if in April 2008, the EB2 India PD would move to Dec.2003 as there are still alot of people waiting in 2002 and all of 2003.

    As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable





    kartikiran
    03-18 01:24 PM
    Its more than 6 yrs now, since I started my GC process.
    __________________
    PD Date: 03/25/2002 EB3
    I140 aprvd from TSC: 06/2006
    485 filed @ TSC: June 29th 2007.