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  • We have seen that for every bill which gets a chance to be presented, there is a heated debate and some compromises arrived at if the bill gets a chance to move further. I am concerned that if this bill goes the same route, the compromise would be to drop the employment part of the same.
    I agree with Pappu that we need to meet lawmakers and would like to add that our agenda should be to ensure that the employment based Visa Recapture remains in the agenda.

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  • Looks like the guy we engage for our cause gets a shot to speak about immigration on WSJ and guess what he forgets us all together. Great job for picking QGA core team.

    I am just reposting my post from yesterday just so that the people on core can read my thoughts�

    I don�t mean to insult your intelligence, but who ever came up with ideas to ask, celebrities, a noble laurite and other accomplished folks from the immigration community to send faxes does not have the slightest plan on how to make this succeed.

    If this is the kind of ideas the �lobbyists� QGA is giving us, may we need some fresh blood in helping us out. I completely agree �eb3retro� in working with AILA.org in helping us get our message across. PLEASE STOP THIS INSANE IDEA OF SENDING FAXES all the time either from members of IV or asking other people to do it on our behalf. We are hurting ourselves and don�t even know it. As I have said in my earlier posts �We need the Erin Brockovich of immigration to help us on this, and I am the AILA or similar organization can do this for us.�

    Good Luck.

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  • Did you had the paystubs or the immigration officer did not ask for it?
    When you are changing status within the country, they will want to make sure you maintained previous status, so paystubs will most likely be required. An option you may want to consider is visa autorevalidation in Mexico/Canada.

    What did you mentioned at line # 30 and # 38 of DS-156?
    Remember when a visa is a stamp in the passport, which allows you to enter the country. The i-94 tells you how long you can stay in the country. When you fill in a i-539 it is an Application To Extend/Change Nonimmigrant Status. Not a visa and the reason why you cannot use it to come back into the country

    How long was your wife out of status? Please respond. I am unable to get the paystubs from the employer. He is not picking up the phone.

    Hope this helps

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  • Guys,

    Here are my thoughts:

    There are Four group of people (Became current with July bulletin) who are affected and suffered.

    1) The people whose applications reached to USCIS before 10:00 AM
    07/02/07, i.e. before USCIS's new revision/update.

    Note: Legally this group is the SAFEST one as their file reached to the
    USCIS table on time while USCIS's first bulletin was in effect. Their
    case is strong as far as "Law and Justice" is concerned.

    2) The people whose applications reached on 07/02/07 but after USCIS's
    declaration of new revision.

    Note: This group can be fit in a category "Who did not receive ample
    notice from USCIS for its intention to change the bulletin. And so
    may be considered "Probable beneficiaries" by the judiciary

    3) The people whose applications reached or will reach to USCIS from any
    time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.

    Note: This group will have a "Strongest" weak argument and case. Their
    act of sending files perhaps may not be considered "Law-abiding" as
    they have already received ample notice from USCIS and clear
    statement of USCIS about "Rejecting applications upon receiving"
    then also this group sent the applications.

    4) The People who will not send applications at all with respect to the
    USCIS's revision.

    Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
    be considered "Law-abiding" and who acted as per USCIS's
    instruction within the periphery of respecting legal authority.

    Now other points to be noted are as under:

    DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what we must stress on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a week case. Nos USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS decalred "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".

    Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.

    Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out ot everbody looses it. Same argument goes for people who are not filing. By not filing they are obeying the leagl instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....

    If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able save it face and limit on visa numbers wil automatically send whole bunch of files for eating the dust for years.

    I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)

    Any thoughts?

    How do you define "All effected"?

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  • Please! do let me know if you find any insurance company offering a million dollar whole life insurance for $100 a month!! :eek::eek::eek:

    As someone said, you really need good luck finding one!

    I never said whole life,term could cost around $100/m if your health is reasonably good at 60's not for heart disease or kidney transplant patience.

    If you are not aware you could pass on your term life insurance proceedings to your heir

    one of my family member have whole life for $81/month for $1m at the age of 28 in NJ, in this plan we will get back everything we paid after 30 years.

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  • Thank a ton for the help, Can you please tell in more detail what i need to do/say there? I have heard that people are being turned back pretty rudely at local offices. Also do i need to fill any forms before i go there?

    Thanks Again,

    Is this what you were mentioning?

    Field Offices
    Local Offices will no longer accept and adjudicate Form I-765 for an Interim EAD. The Service Centers or NBC will be responsible for adjudicating the pending I-765 and issuing interim or non-interim documentation. Upon receipt of Form I-765 requesting an interim EAD, local field offices are required to perform the following tasks.

    � CLAIMS Verification
    o Underlying application remains pending
    o Determine if RFE has been issued, thus tolling the 90-day adjudicative requirement
    o Form I-765 remains unadjudicated
    o Biometrics have been captured�if not, refer to ASC
    � Contact NBC or Service Center to initiate EAD production�either Interim or Non-Interim
    � Provide Notice to applicant acknowledging status inquiry.

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  • Thanks everyone for writing to the editor

    I got an e mail from customer service this morning stating they had forwarded my letter to upper management.

    It(this issue) definitely got to their attention loud and clear, and hopefully it will have an impact of both sensitizing them to this separation in the future as well as prompting them to give our issue more coverage going forward. Perhaps I am being optimistic here, but one can only hope.

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  • Efiled @ TSC on may 29th.
    FP on june 28th, still no approval.
    My current EAD expires September 24th and i am working on EAD currently.

    Called USCIS and opened a SR on August 4th. Got a letter on August 11th, saying, although my situation is serious, i have not provided enough proof. Called USCIS August 13th, asking where i can mail the proof. Was told there is no mailing address and no fax number.

    Scheduled an Infoapss Appt. for August 18th, by then it will be around 82 days.

    Around the 90th day planning to meet my Congressman/Senator and hoping they could help me.

    If some one can help me in finding fax number to TSC to send in my Expedite request it will be great.

    GO IV GO.

    My case exactly like yours. Mine expires on Sep 24 th. E-filed on may 28th. FP'ed on June 23rd. Concurrently filed APs got approved long back.

    I think Info Pass is the best solution for this. You have only a few days for that. So hang on.

    I am planning to take info pass too. But to ask for expedite request, I think 90 days should have passed since application sent.

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  • Did you start your own company now?
    what is diff between llc and s-corp and which one is good to start?

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  • When USCIS say 300K applications , isnt that 300K Application PACKETS = 600 - 800K individual AOS apps?. its hard to believe thye have opened them all to get the count.

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  • I am working on EAD and current one is expiring on Sep 26. I got an RFE for photos and it was received on Aug 7th.

    I called last week Aug 15th and requested to expedite the process. I got an email two days back saying that my request was accepted and will get the decision within 14 days.

    I been trying to get the infopass appoinment since past 2 weeks but so far I havn't been able to get any appointments.

    I am keeping my fingers crossed and waiting.

    Can I go to a different city to get an infopass appoinment ?.

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  • Wikipedia_fan,

    The AC21 law was enacted to help you from exactly the same situation and you have absolutely nothing to worry about.

    But as well know how USCIS works, the BAD case scenario would be that you'll get an RFE after your I-140 is revoked and at that time, you'll need to provide some proof of your employment in the same or similar field along with a copy of the AC21 text.

    The WORST case scenario would be that you'll get a NOID from an ignorant officer, and in that case as well, you'll have to reply with same documents and you'll get approved.

    Mark my words : Your I-485 will get approved ultimately(unless you have comitted some kind of fraud )

    About the employer, I think he's right that any I-140 which has a pending I-485 associated with it , is counted towards the ability to pay and it affects the future I-140s from the same employer.


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  • sent an email to all the addresses mentioned in this thread..thanks

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  • First of all, you dont have a binary choice in the matter such as either you learn 50,000 words and their spellings or go smoke dope. There is a middle ground here.

    Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?

    Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.

    As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.

    I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.

    i am not sure why you think kavya wont excel in her life - she already has a great headstart with close to 40grand in winnings! i also dont know why you think she will end up working for a non-ivy league educated manager - & even then why its a bad thing to win a spelling bee..too many gaps or leaps in thoughts/logic?!

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  • When you want ride in a bus, you have to buy a ticket. I hope everyone agrees - at least that is the legal way :). The ticket to ride on the "Omni Bus" needs millions of dollars not thousands. Thousands lets you look inside the bus, not ride it.


    Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.

    My wife's EAD was applied on July 30th. She didnot recieve her EAD for 90 days, hence we took a infopass appointment and went to the local office on 92 nd day. They have informed us that they had sent a RFE on 88th day of filing and we need to wait for another 90 days after we send a response to the RFE.

    Strangely the RFE that she got is for Birth Certificate which is not a required document for EAD.

    I did not read anywhere that 90day count starts from the day when a response to the RFE is sent.

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  • PD -Jan 06, EB2
    I-140 Approved
    I-485 - Filed on July 2, NSC Received by R.Mitchell @ 9.01 a.m.

    Checks not cashed until today (07/19/07 10:00 a.m.)

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  • Why would any US citizen want to become an Indian citizen while the whole world is dying to become a US citizen? I think this has to do something with parents trying to save money by not paying Indian Visa fees.

    In anycase the law is right - once the kid is 18 and able to make a decision...let him/her decide at that point if they want to renounce US citizenship for Indian citizenship. Parents should not be able to make that decision for them. :mad:

    Why not? Although I have applied for GC, I have no desire to take US citizenship, just to let you know. The majority does not mean the whole world and also does not mean everyone. There are Indian citizens that love India. Parents should be able to make decisions for their kids until they are 18. The kid can take US citizenship when he is 18 if parents have opted for Indian citizenship.

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  • I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

    congratulation on ur grand success of getting green card.

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  • If you have applied for 485, you can get DL extension for 1 year based on receipt notice of I-485

    AC21 can be as safe as a any normal 485 case so do not worry. Its classic case of USCIS ignorance on AC21. I would say, hire a good lawyer and prepare for a MTR. I have seen Ron Gotcher as a very prominent proponent of AC21 rules. You can take his help. I used AC21 and got GC approved without any hiccups. My case was handled by Ron and I have been completely satisfied with his services.
    PS: I am not affiliated to Ron in any way. This is my personal experience.

    I140 at TSC is August 26th. Several others and I have their July apps pending. Gosh, this concurrent crap without current PD is playing havoc in several of our lives..

    What a nightmare and sad state of affairs.

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