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santb1975
01-11 08:37 AM
Real threads have to stay on top
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seahawks
08-10 10:16 PM
LS is not illegal until the employers sell the labor. LS is legal channel where in employer fill the position with somebody else, if primary applicant it not available for some reason.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
But some employers are exploiting the law and selling it. This is ILLEGAL. I agree with that LS is LEGAL until it goes in a legal way. But selling or getting other benefits/gifts from the employee is completely ILLEGAL.
Since USCIS cannot find who is selling and who is not selling, they banned it. It is a good move from USCIS, but it is too late. Too many got like this and enjoying the benefits leaving other poor souls who are waiting in line from years.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
gcnirvana
07-06 03:51 PM
Please send a PM to Pappu/Logiclife and ask the same. Core may not have time to read every single thread/post. PM or calling them is the best way to get their concurrence. HTH!
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.
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eb3_nepa
03-16 12:03 PM
Wow, i hate to say this, but doesnt this feel like S-1932 all over again?:)
Thank God this time we are more organized and have QGA on our sides. Btw Communique, i like ur approach.
Thank God this time we are more organized and have QGA on our sides. Btw Communique, i like ur approach.
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Libra
09-19 04:43 PM
Did you ask pappu? man, you missed it. when you come next time make sure you'll take your GC with you. yesterday i came to DC to get my GC but forgot FP appointment today and showed up one hour 30 mins late.
I was also looking here and there after rally no one handed me my green card :D
I was also looking here and there after rally no one handed me my green card :D
nrk
10-27 05:08 PM
Please let me know what are the things to carry for info pass appointment.
Thanks in advance
Thanks in advance
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Humhongekamyab
03-03 12:43 PM
Can you guys guess, why isn't there an update on this thread after the visit?
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
I hope he was not deported.
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
I hope he was not deported.
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bkarnik
04-10 03:26 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
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amsgc
07-25 11:44 PM
I like the way you think.
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
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mitasa
10-29 01:57 PM
I’ve been reading too many posts, queries and concerns and feel that I am not sailing alone.
I have a few questions:
1) How does USCIS work? Do they have a set of rules? Is there a law stating they would provide AP or EAD (for all legal eligible cases) within 90, 120, 150 or 200 days?
2) How can a person who is trying to immigrate legally (tax paying) make USCIS answerable for all these delays?
3) Does the law of the land provide any opportunity for us (people trying to immigrate legally) to question USCIS for the delay?
I’m all questions. Please share your thoughts….
Thanks in Advance
I have a few questions:
1) How does USCIS work? Do they have a set of rules? Is there a law stating they would provide AP or EAD (for all legal eligible cases) within 90, 120, 150 or 200 days?
2) How can a person who is trying to immigrate legally (tax paying) make USCIS answerable for all these delays?
3) Does the law of the land provide any opportunity for us (people trying to immigrate legally) to question USCIS for the delay?
I’m all questions. Please share your thoughts….
Thanks in Advance
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mmj
04-19 03:46 PM
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
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deardar
07-02 03:19 PM
close to $500 excluding lawyers fees( i dont know how much company paid) .But the sad thing is I made my aged parents and in-laws run for affidavits /scanning etc in heavy rains .
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raysaikat
07-19 10:11 PM
This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
L1 has L2/L4 ( I dont know what that is)
and so on so forth..
but for a spouse of AOS? nothing.
All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.
Even then the title is misplaced; USCIS does not make laws.
L1 has L2/L4 ( I dont know what that is)
and so on so forth..
but for a spouse of AOS? nothing.
All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.
Even then the title is misplaced; USCIS does not make laws.
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Jimi_Hendrix
12-12 01:23 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
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jb05
08-19 09:53 AM
Category:- EB2
Nationality:- India
PD:- 07/2004 (TSC)
I485:-RD-07-27-2007/ND-09/22/2007
Finger Print check and name check cleared as per infopass officer
Nationality:- India
PD:- 07/2004 (TSC)
I485:-RD-07-27-2007/ND-09/22/2007
Finger Print check and name check cleared as per infopass officer
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nozerd
01-04 11:16 AM
Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
Some on work visa is ineligible under
Section 212(a) of the Immigration and Nationality Act reads:
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
IMMIGRANTS GET BETTER DEAL
http://travel.state.gov/visa/immigrants/types/types_2991.html
In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
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nrk
10-26 09:08 PM
Hi i just checked my 140 online status is shows,
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
"On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly."
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logiclife
12-13 03:29 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
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eb3_nepa
06-05 12:54 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
I had asked TWO different lawyers and they were BOTH 100% sure that to use the AC-21 you needed an APPROVED I-140 not an approvable I-140.
priderock
07-10 10:06 AM
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
You are naive to think that. That was just his mask. He opposes all and any immigration.
You are naive to think that. That was just his mask. He opposes all and any immigration.
lazycis
11-29 07:41 PM
It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!
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