Friday, July 1, 2011

I Love You Friend Sayings

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  • Raju
    07-20 12:36 PM
    Wow ! Did Aman get his GreenCard???
    Great news for IV as it will enable him to be more aggressive now!

    Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)

    Nice one:D :D




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  • mbawa2574
    08-20 08:16 PM
    No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:

    Are we heading into another fiasco ?????? :confused:

    PD:Dec 05
    1140: TSC June 06
    I485/I765/I131 sent to NSC




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  • snathan
    04-22 05:42 PM
    Hi Admin,

    Please close this thread untill we can plan and do some help to Mehul's family. Its really painful and not sure how just sympathy is going to help them.

    How many of you ready to donate if we raise fund to help Mehul's family?




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  • xu1
    05-03 11:58 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
    Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.

    And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.



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  • rdehar
    10-08 02:37 PM
    I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
    Very well said.

    Can't stop laughing.




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  • alias
    08-18 01:17 PM
    This issue cannot be solved through Lawsuit. What are the other alternatives?

    Ahh I see, I have an idea - lets all do dharna in front of CIS!



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  • mmanurker
    07-20 11:42 AM
    Dear Members

    For those of you joining us late, here is some info about this thread.

    1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.

    2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.

    So do not pay it directly to the IV core funds, yet.

    Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.


    There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    Thanks
    Anzer

    Pl. count me in....I pledge $100 towards Aman's expense re-imbursement.
    Pl. let me know how to send the amount coz your post clearly says
    "do not pay it directly to the IV core funds, yet"
    (so far contributed $100 to IV)




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  • gccovet
    08-05 12:40 PM
    gccovet,

    Was it a random lud ?
    Did you have any pending applications like EAD/AP ?
    What date did it happen ?

    my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!

    GCCovet



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  • maag
    05-31 08:16 AM
    bombaysardar...

    when do you plan to land
    no questions were asked me while returning from India i used AP




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  • Siddharta
    03-23 06:31 PM
    ...... because my AOS got filed last year, I made the decision to let go of my canadian GC.

    How did you let go of it. Did you have to tell the canadian consulate and send in your passport for them to remove your visa. I will be hitting the 3 year mark end of this year.



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • gsc999
    07-19 07:06 PM
    Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.

    Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.

    We should merge all other threads dealing with this issue over here for convenience



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  • pitha
    07-09 11:47 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.



    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • Openarms
    05-02 02:42 PM
    It seems to me that there is a discrimination going on with EB3 India. So far there are not many approvals why???? They are trying to suppress this EB3-India category why??? lot of approvals in EB2-India? why??? don't say they are less cases.



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  • viveckj99
    10-10 04:23 PM
    Right,
    looks like USCIS are giving us least priority.They may be thinking we are suppose to file a law suit when Visa are unavailable during July3 to July 16.
    Dont know where they put our application?do we get any rfe or rejection?
    Hi guys,
    it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.

    I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.

    DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.

    Once again, HELL with these stupid receipting process.

    Hope atleast some of you can understand the pain in the whole friggin process.

    FETCH_GC




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  • snowshoe
    06-15 08:23 AM
    My attorney sent our apps on June 1st, I do not have receipt # yet. Also I just gave the attorney one payment for the entire app, hence cannot figure out if the checks were cashed or not.



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  • va_dude
    06-26 09:43 AM
    The way i understand this, not all companies are bound by the EOE laws.
    Certain conditions have to be met to be considered an EOE.

    Not every employer is an equal opp employer, so those guys can hire whoever they want.
    Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.




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  • desi3933
    07-10 12:14 PM
    same way you prove that in the case of I-140... by writing up letters exlaining job duties... and showing offer letter, pay stubs, company tax returns and/or quarterly tax receipts, client contracts... etc etc etc...

    Well, then you are covered.

    again: what is your true point? why do you suspect that this is difficult?

    Its not difficult if one is really running the business. It may be difficult for someone who is looking for job and opens a company to show self employment with nothing else going for that new business.

    .




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  • webb4
    08-21 09:32 AM
    Category: EB2 India
    PD: 2/10/2006
    Service Center: NSC
    RD: 8/2/2007
    ND: 9/12/2007
    RFE: Oct 2008
    Interview @ San Jose Office: Jan 2009
    Interview Result: Pending Visa Availability.
    8/1: Created SR. Reply on 8/10 your case is under review, You will receive decision or notice of action in 30 to 60 days.
    8/2: Infopass Appointment @ San Jose -- IO bought the file to the counter and asked for EVL and also a letter from company stating they support my I140.
    I work for Top 5 company in Silicon valley. Company attorney got the required documents in 3 days. IO also generated FInger Printing appointment the same day.
    8/11: Infopass Appointment @ San Jose -- Submitted the EVL and other documents given by the company. IO made copies of our Finger Printing notice.
    8/19: Infopass Appointment @ San Jose -- Officer checked the status of our case and indicated visa number has been assigned. Files are with the same officer.
    8/20: Card Production ordered for my wife and myself.
    { 10 yr + 6 Months in this country ( F1 - Masters - H1 - Green Card)
    Thanks to VLDRao / Q for starting to predict dates in EB3- Eb2 prediction thread which really gave me hope of getting my green card.
    All the best to all you folks.




    titu1972
    08-07 01:52 PM
    My I-140 has approved by NSC in Apr 2006. Now I'm moved to Houston.
    Now I have applied my I-485 from Houston. My lawyer send my application to NSC. Since my current residence is in TSC region my application will be transfer to TSC. So I don't know how long it will take to get the receipt#.
    My application received on 07/02/2007 at NSC.




    wait4ever
    08-14 07:45 PM
    I have yet to receive the card
    CPO mail on 08-09

    Wait for a week or so - you should be fine



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