coralfl
08-22 12:14 PM
Let us Focus on Rally/ Focus on Local Chapter/Focus raising money; if we want to see any change soon.
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meridiani.planum
06-04 05:32 PM
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
class action lawsuit?? for using up too many visa's too fast?
wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
class action lawsuit?? for using up too many visa's too fast?
wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D
gk_2000
05-12 07:15 PM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
Why dont you start a campaign? What use posting on forum?
Why dont you start a campaign? What use posting on forum?
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pappu
03-23 10:21 AM
please also look at your respective state chapter threads
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
more...

makemygc
08-21 10:55 AM
Who'z OP?
Original Poster (OP)... a lingua franca for forums..
Original Poster (OP)... a lingua franca for forums..

priderock
07-27 04:10 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
Too bad you forgot to fax one :) Let me know if you want the number to fax :):) Some one said it is safer to fax :)
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
Too bad you forgot to fax one :) Let me know if you want the number to fax :):) Some one said it is safer to fax :)
more...
svrk
08-22 07:52 AM
Hi SMohan,
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
I am in the same situation as you are, hoping to file EB2 with a dependent who aged out just after EB3 filing. My lawyer yesterday (Fragomen) confirmed that the dependent will get included in the EB2 filing.
Please verify with your lawyer too. Good luck!
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Almond
01-03 09:05 PM
Yeah he's gonna have to pick one of the two and declare her his "one and only" wife. Everyone will know who the favorite is:D.
more...
vejella
12-26 04:08 PM
please share comments on this topic...
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sorcerer666
04-29 02:20 PM
WOW --Right from relationship between coutries tot he pros and cons of war planes we are discussing here.We have people with nice political knowledge per se Ministers and Kings who can analyze how just 11 billion (bully)dollar deal can affect the Green card processing and we have Generals and colonels who knows which fghter plane is good for which country.
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
hmm...,
1). what makes you think that these kings, generals and colonel's didn't contribute to the event?
2). What's your point?? close down this forum??
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
hmm...,
1). what makes you think that these kings, generals and colonel's didn't contribute to the event?
2). What's your point?? close down this forum??
more...

nkhari
07-19 10:30 AM
sorry..didn't know her visa appointment.
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yabadaba
12-28 11:19 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
more...
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lonedesi
04-02 09:09 PM
Can any of the moderators let us know how are we doing on the count? Where do we stand as of now? How many faxes have been sent and how many are in the queue to be faxed? A quick update would be appreciated.
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snathan
04-19 06:23 PM
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
Thanks for doing this. I would suggest you to collect more data with real life stories and create a template, post it here. Then everyone can send the same to senator and white house. Anyway thanks for your work
Thanks for doing this. I would suggest you to collect more data with real life stories and create a template, post it here. Then everyone can send the same to senator and white house. Anyway thanks for your work
more...
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PD_Dec2002
06-19 03:04 PM
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
desi3933 and WillIBLucky:
My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.
It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.
Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".
Having written all this, please check with your own lawyers and do what they advise.
Thanks,
Jayant
desi3933 and WillIBLucky:
My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.
It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.
Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".
Having written all this, please check with your own lawyers and do what they advise.
Thanks,
Jayant
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kghoshal
11-16 11:17 PM
In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.
more...
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rolrblade
07-19 10:35 AM
Just so you dont miss this. I also PM'ed you.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.
There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.
Send me a PM if you need help with the appoitment website.
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himu73
10-01 08:51 PM
I read on USCIS website update on Sept 28 that CSc is assisting TSC to enter the applications. My transfer notice states that application is still under TSC/ But I am also not sure which center will finally process
ANYONE else in this queue.
ANYONE else in this queue.
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dtekkedil
07-06 07:37 PM
^^^
Libra
01-11 03:59 PM
bump
wellwishergc
04-10 07:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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