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  • prioritydate
    08-05 06:24 PM
    <20. If it itches, it will be scratched. We do that.>

    ROTFLMAO.... :D:D:D





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  • unitednations
    03-26 05:29 PM
    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.


    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.





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  • learning01
    05-24 12:51 PM
    still trolling Lou.

    You can feel the vengence of Lou against immigrants in the tone, in the voice in the tenor and above all in the content and subject matter.

    I can't sit quietly if someone on this forum speaks highly of Lou. But soon we must end this discussion, if Communique continues his rant. We need other things on the forum, like sending web fax #15, following senate live discussions. Such bill comes up only once in one's lifetime.

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.





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  • dealsnet
    01-03 08:24 PM
    Terrorist attacked and destroyed two American building. What happened after that; Two of their country are now in American control and carpet bombed. This is a country of brave with brave leaders.
    What happened to India. Our people are strong, courageous, patriotic, but the political leaders are spineless, corrupt and taking the dynastic route of Gandhi/ Nehru.
    We miss a leader like Netaji.
    In America, most of the senators, former top leaders have military background and training. For India also we need a system to make compulsary at least 2 year military training to aspiring politicians, make mandatory thing to stand for the election for assembly and parliament. Then only we will get corruption free good leaders.
    Look world leaders like Putin & Isreal leaders.



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  • Macaca
    12-20 08:01 AM
    Congress's Mixed Results (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902030.html) Democratic promises meet legislative reality, Dec 20, 2007

    FOR CONGRESSIONAL Democrats, the first session of the 110th Congress offered a sobering lesson in the practical limits of majority control. Democrats delivered part of what they had promised to the voters who returned them to power last November and recorded some significant achievements. But more often, Democrats found their legislative plans stymied -- first by Senate Republicans' willingness to filibuster any proposal with which they disagreed, then by the president's newfound zeal to exercise his veto power. The scorecard, in the end, is disappointingly mixed. Still, Democrats are more to blame for overpromising than for failing to deliver; their triumphant promises of January were never realistic. Given the slenderest of Senate majorities and the willingness of the minority to wield the filibuster with unprecedented frequency, Democrats' maneuvering room was dramatically limited.

    On the plus side of the legislative ledger, President Bush signed an energy bill yesterday that will raise fuel economy standards for cars and light trucks for the first time in 32 years, to an average of 35 miles per gallon by 2020. That is a significant achievement, albeit one that could have been even greater had Republicans not blocked efforts to include new requirements for boosting use of renewable sources of energy and to eliminate tax breaks for oil companies.

    Likewise, Democrats were able to secure the first increase in the minimum wage in nine years and the largest expansion of college aid since the GI bill, cutting interest rates on subsidized student loans and increasing the maximum Pell grant. They passed an important lobbying and ethics reform bill that will shine light on the bundles of campaign cash delivered by registered lobbyists and clamped down on lawmakers' ability to accept meals, travel and entertainment from lobbyists and those who employ them.

    The keenest Democratic disappointment -- failing to force the president to rapidly withdraw U.S. troops from Iraq -- is no disappointment to us. Although unhappiness with the war in Iraq helped propel Democrats to victory, in the end President Bush was able to secure continuing funding for the war with no strings attached. Of far more concern: Democrats could not overcome presidential vetoes of bills providing for federal funding of embryonic stem cell research or expanding the State Children's Health Insurance Program. The children's health issue deserves another try next year; the extension that Congress adopted jeopardizes existing coverage for some children and makes it difficult for states to move forward with planned expansions of coverage.

    Democrats spent much of the session congratulating themselves, appropriately so, for reinstating pay-as-you-go rules requiring tax cuts or increases in mandatory spending to be paid for with offsetting tax increases or spending cuts.

    In the end, however, Democrats capitulated to a Republican refusal to pay for the $50 billion, one-year patch applied to the alternative minimum tax. The budget process was nearly as unattractive as ever, with a host of overdue spending bills wrapped into a giant package passed in the final hours of the session.

    Of most concern are the serious issues that remain unaddressed -- and that aren't likely to be taken up next year, either. An overhaul of the nation's failed immigration policy fell victim to ugly politics, despite the support of the president. Entitlement reform -- in particular a response to the looming Social Security shortfall -- never got off the ground, the victim of distrust and intransigence on both sides. Prospects next year for reauthorizing the president's signature education program, No Child Left Behind, look dim.

    The year before a presidential election is rarely a fertile moment for lawmaking; the poisonous level of partisanship in both houses makes that even more unlikely. Republicans seem to have concluded that their electoral hopes lie in blocking Democrats from ringing up any achievements. For their part, House Democrats have conveniently forgotten their pledges to treat the minority with more fairness than they were accorded when Republicans had control.

    Yet the new year will dawn with issues of enormous importance on the congressional agenda. In addition to those mentioned above, we would note the worthwhile proposal by Sens. Joseph I. Lieberman (I-Conn.) and John W. Warner (R-Va.) to adopt a cap-and-trade system for greenhouse gas emissions. Lawmakers and the president can continue to bicker and elbow for advantage until the next election rolls around -- or they can gamble that they have more to gain with a disgusted electorate by cooperating and getting something done.





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  • Macaca
    12-23 10:55 AM
    Pelosi's first year

    San Francisco Democratic Rep. Nancy Pelosi made history as the nation's first female House speaker in January, but she's had a bumpy first year marked by successes and failures.

    Biggest successes

    Passed an energy bill raising fuel economy standards for the first time in 30 years, the equivalent today of taking 28 million cars off the road by 2020.

    Approved a major cut in interest rates on student loans to make college more affordable.

    Passed the strongest ethics reforms since Watergate, banning gifts from lobbyists and making earmarks more transparent.

    Secured the largest increase in veterans' benefits in history.

    Increased the minimum wage for the first time in a decade, from $5.15 an hour to $7.25 over three years.

    Biggest failures

    Despite repeated votes, failed to enact any major changes in Iraq war policy.

    Tried to expand the state children's health insurance program to cover 4 million more children, but was blocked by President Bush and House Republicans.

    Sparked a diplomatic fight with Turkey by pushing a resolution condemning the country's mass killing of Armenians during World War I.

    Abandoned the party's "pay-as-you-go" budget rules to avoid letting the alternative minimum tax hit 20 million Americans.

    Accepted Bush's spending limits in the end-of-the-year budget fight to avoid shutting down the federal government.



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  • unitednations
    08-14 09:12 PM
    Sorry to post in this thread, but I was wondering if United Nations would be kind enough to answer two questions for me (well, actually one is from my colleague). They are kind of generic so it might help other people too, I hope. I posted this on other threads but I havent gotten any responses for the longest time, so Im posting here. Very sorry to those who are following this thread for the original topic.

    1) From my colleague: As per his family customs, his mothers FIRST name was also changed after marriage. Before marriage she was Vimla Patil, and now she is Anasuya Deshpande. She uses her married first name and last name on her passport, childrens birth certificate, etc. Only her school leaving has her maiden first name, maiden last name.

    He was wondering how to put this info on his I-485/G-325a form. They ask for Mothers Maiden name in one column, and then first name in the next. If he puts down Patil and then Anasuya - it wont be correct as such a person doesnt exist. What is the best way to represent her name. (remember, the birth cert that he will be submitting for himself will have her name as Anasuya Deshpande)

    Any help would be greatly appreciated.

    2) My question (and this has been asked before, but no one has a rock solid answer). My husband's labor has been approved, approved I-140, his priority date is Oct 2006. I received a labor sub (please dont scream at me.. I dint have anything to do with the matching... it just came my way:o) , but pending I-140, my priority date (if I-140 is approved) will be Feb 2005.

    I wanted to know if we should only choose one of these two applications to proceed further or file two I-485 applications- One with me as primary and him as beneficiary, and the other with him as primary. There are these rare postings where people have said that USCIS can reject both applications/ drop both or deny one initially itself, or ask you to choose one upfront. No one has talked about successful multiple filings, so we dont have unbiased statistics in this space. What is your thought on this issue? Which way would you recommend we proceed? Frankly, I am nervous about my application until the I-140 clears, (and my I-140 was only applied in July 2007) ... yet my husbands pd is almost 20 months after mine. Please enlighten.

    Thanks!

    FYI, both of us have been in the U.S since 2000, but for various strokes of timely bad luck we couldnt file until Dec 2006, So I hope there arent too many hard feelings from people who have also waited as long as we have. I know the feeling.


    Where they ask for her name; then on a separate piece of paper she should explain the different names. Isn't much of a problem.


    Surprisingly; people in the situation where both spouses have 140's pending/approved have opted to file four 485's. My experience is that just about everyone has chosen this option.

    Only risk is that somehow when you file multiple 485 filings; uscis opens up two different alien numbers for you. Once they figure it out then they have to consolidate your files which may take some additional time. However; this is very rare that this happens because there is enough detail that a person puts on the g-325a that uscis systems would be able to detect that a person has multiple filings and they won't create a second alien number (file).

    Biggest advantage:

    One of the spouses 140 gets denied/revoked and can't use portability.

    One of the spouses gets stuck in name check and other spouse can't get approved until primary gets cleared through name check.

    Divorce/separation is an issue (surprisingly this comes up quite often where in some dispute one of the spouses wants to cancel others greencard....happens more often then people think).

    One of the spouses actually pass away (i know of a situation such as this and the other spouse left the country).

    Other then it costing some more money; I don't see much of a risk.





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  • NKR
    09-30 02:26 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.



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  • coopheal
    01-07 10:15 AM
    Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.





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  • unitednations
    07-09 11:57 AM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.



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  • GCmuddu_H1BVaddu
    01-09 10:21 PM
    sunnysurya Hate Converting EB3 To EB2.


    A supporter of terrorism left a red dot with this message:
    "if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"

    My very simple reply to that person.
    ---

    I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.

    Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.





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  • nixstor
    11-15 12:25 PM
    This guy needs to go. He is a total joke. Where does he put his $$ in? Every one knows he owns stock of most companies that has outsourced jobs to India/other countries. I am sure he has his money everywhere in Cisco/Msoft whom he bashes along with Kim B. Check this page who want to see him go. There are lot of legal immigration folks who are there.

    http://www.bluelatinos.org/firelou

    Should we be talking to FOX news to get them do a program on how he changes his stand? How many times he brings only one side of the story?



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  • hopefulgc
    07-13 12:58 PM
    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.





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  • Munna Bhai
    08-03 06:10 AM
    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M



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  • rkgc
    03-23 03:21 PM
    Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.

    Did you get in touch with a lawyer yet?

    ~rk





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  • logiclife
    11-21 05:44 PM
    Lou Dobbs gets his ratings based on how much angry he can get people.

    Same goes for Rush Limbaugh and Bill O'Reilly.

    The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.

    Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.

    They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.

    But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.



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  • alisa
    12-27 02:47 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.





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  • alterego
    10-03 04:03 PM
    Have you seen any other politician talk about the lengthy and expensive process of LEGAL immigrants? Obama has spoken about this in an interview. Now, I know here you will want to make the differential between EB and FB immigration and what he means. I am aware of this distinction, however never have I heard a single word from the Republican side about the grossly unfair situation of lengthy greencard backlogs. The fact is EB immigration will not be modified in a vacuum and the conservative republicans will always block any relief for us, no matter what.





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  • logiclife
    07-17 10:42 AM
    Those of you who dont know, Randall Emery is a good friend of Immigration Voice.

    Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.

    Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.

    Everyone:

    Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.





    edd
    07-14 11:57 PM
    I am wondering how hard it will be for USCIS to tell exactly how many EB3-I (and other) pending cases are out there. If they can break it via monthly, it will atleast tell us how long will it take to get to our respective PD's (without any legislation whatsoever). This would be worst case scenario and frankly would help me to plan my next move.

    What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's

    Someone mentioned FOIA. Can you please share the link on how to apply for the same





    NKR
    08-05 08:33 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    So an employer cheating him into applying in EB3 is an honest way?



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