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  • Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.





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  • Instead to lobbying politicians, why don't we file tons of lawsuits againt USCIS for the process delay? July my opinion.





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  • Looks like it took it a bit to propagate across USCIS servers. Or else, they put it up and took it down, then put up again.

    With the EAD at Nebraska officially being at 112 days (zero movement since June 18 processing times release), it is no surprise they don't respond to expedited/interim EAD requests anymore when it goes over 90 days. Will we have to file mandamus suits on EAD soon?





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  • Where Can I Watch It Online ??





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  • some use m$paint, others photoshop or fireworks.





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  • Thanks for the reply
    I don't have a muslim name. I am a Hindu so as my name.
    Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.

    But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.


    when is ur info pass appointment?





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  • I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • The Running Horse



  • Now you are trying to hijack my other thread - Why dont you start your own threads MF?? And please update your priority date :)


    They showed finger ? :D





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  • see my signiture...





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  • I filed for my ead in late september, got an rfe in mid nov, sent papers but see no change in status. how long does it take with an rfe to get ead? my 90 days are nearing and I am afraid with the holiday season coming, that I might not get in time. I have contacted my congressman, ombudsman's office can't do anything yet. what can be done?





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  • I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.

    For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.

    I, for one, am going to be a member of IV long after this anouncement.


    WELL SAID!!!

    The only thing I would like to add is, when we eventually get our GC, lets not forget those behind us!

    jasquil





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  • A common misconception.

    Approving 25000 485s that were already processed and sitting in cold storage will take less than a minute.

    Approving meant simply running a program that assigned a visa number to a processed case in a loop that ran 25000 times. Such a program will complete in seconds. The paperwork for these 25k approved applications is going to take months and online updates of 485 approval are still trickling in.

    So there was no new found efficiency in USCIS as many seem to believe.
    Cmon guys do u think finding efficient ways was an issue at USCIS..They simply wont do such things..They are happy doing it a snail's pace and love the red tape. Too bad Mr. Kumar on the other side who is annxiously waiting, is being pro-active and offering help by giving algorithms.





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  • Mountain Wallpaper



  • These are the posts by the user hadron:
    For anyone intending to 'vote with their wallet', please keep the following in mind:
    - Only US citizens are allowed to contribute to political campaigns (it is even illegal to give money to a citizen friend and have him contribute as a straw-man)
    - there are regulations regarding political action committees (PAC) controlled by 'agents of a foreign power'

    We are well aware of this and WILL not be contributing to any political campaign. And in any case, where does contributing to political campaign come in the picture? We are just trying to get ourselves heard! Is that illegal in this 'free' country too?

    While I appreciate the enthusiasm of the folks setting up IV.com (and I have no reason to doubt the sincerity and honesty of their efforts), I don't see a whole lot on the groups website dealing with the legal aspects noted above.
    And then when I posted:
    A lot of foreign governments and entities legally employ lobbyists in Washington. They are merely getting your voice heard by the people's representatives!
    I am not a US Civics expert, but neither can be everybody else here!
    hadron, just because somebody is Board-certified in one field of Medicine does not make them experts in everything else!
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way! Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!
    This was what he posted:
    Correct, and they are very careful to be registered with the secretary of state as a PAC or public interest lobbying organization. As you point out I am certainly not an expert on the law in this area, but before you start collecting a lot of money, make sure you have competent advice from someone who is (I looked into registering an immigration related PAC a year ago, after realizing the red-tape and political minefields involved I decided not to do so).

    We are again beating around the bush here. As I have mentioned earlier, we are registering ourselves as a 501C4 org and are not a Political Action Committee from any angle. Hence the red-tape etc that hadron is talking about is not applicable here at all


    Quote:
    Please expound your expert views on how to win this battle, and we will follow you if that is the better way!


    I actually don't know how to do that.

    The reality is, in washington there are two things that open the door of a lawmakers office to a lobbyist:
    - a check from the PAC aligned with his cause
    - evidence that he represents measurable share of voting citizens in the home district of the representative or senator

    And do you see the problem here?

    You guys can't legally contribute to political campaigns and you don't represent voting citizens. So, having a lobbyist might be a first step, but it doesn't mean that your cause will be heard.

    Hadron seems to have a very myopic view for everything. Anything and everything for him leads to a political contributions. How about trying the old fashioned way of making the lawmakers aware of the situation of legal immigrants. I don't know whether he has ever seen a reply to a fax from any senator/rep, but all of these misconstrue our request as being either a) A request to increase H1b quota or b) Give amnesty to illegal immigrants. The fact of the matter is the lawmakers do NOT know about our plight. If you read another post in this forum by the CA team that visited Sen. Dianne Feinstein's office, it came out very loud and clear! They had no clue about our plight. This coming from a senator who handles all the high tech firms in Silicon Valley with thousands of legal alien constituents! Imagine how much a senator from a state with no techie firms (like say South Dakota/Wyoming etc) know about us? Nothing, Nada, Zilch....but their vote is worth as much as any other senator.....so the primary aim for us as an org is to make every lawmaker realize our plight and influnce their decisions

    Our main ally in the immigration arena is the US chamber of commerce. They are spending considerable money on advocating for employment based immigration reform (their main thrust however is getting access to unskilled workers, either through a guest worker program or through legalization. in a secondary way they are interested in higher H1b quotas to get access to cheap professionals, fixing retrogression is not very high on their agenda). Have you talked to other organizations classically on our side yet ?

    What makes Hadron think that what he believes (that US chamber of commerce is our main ally) is gospel? In case he does not know, there are many other orgs that have a similar agenda. We have made significant progress in establishing relations with many of these orgs. Unfortunately, we cannot reveal everything here. There is more to it than meets the eye! Thats where QGA is helping us immensely

    Quote:
    Otherwise, please remember that those who forget the lessons of history (i.e. S 1932 defeat) will have to see them repeated!


    Please, save me the melodramatics.

    Immigration bills get introduced by the dozen every year, most of them don't even make it into committee (but every time one gets introduced, people here on this board get all excited that finally 'relief is here'.) Even if a coalition of influential senators picks up the issue, there is no guarantee that it will go anywhere.

    True, but how often do you see rallies across the country either pro or anti immigrants? How often do you hear about immigration being a hot issue and being discussed on CNN/Fox everyday? How often does the President address it in his State of the Union address? The fact of the matter is that this issue is really hot right now. Do not forget that this is an election year. A lot of the reps hoping to get reelected from border states like TX.AZ etc had promised their constituents that they will tackle immigration reforms. If they do nothing, they will face the wrath!
    If there was ever a chance of an immigration bill passing, it is now. If that does not happen, forget about any chance of any immigration related stuff happening in the next 5 years. The question we need to ask ourselves right now is, 'Am I going to TRY to do something this time or should I try it after 5 years'. I know my answer is NOW. But if you want to be pessimistic and think that no bill might get passed, you are in the wrong place. You are better off visiting murthy.com and hope that she announces rapid movement of dates. the primary reason we are all converging here is because we believe that something will happen to the immigration bill and we want to make sure we are not forgotten

    --------------------------------------------------------------------------------
    This is last post:
    I am not angry at anyone, and I don't think that any of my posts can be misconstrued to convey that impression.

    I think it is a good idea to start (another) lobbying organization for immigrant rights as the existing ones have a interests very different from us. All the latino groups are only interested in family immigration and legalization of illegals, employment based immigration is only a little blip on their radar screen. Industry on the other hand has their own agenda, again not one coinciding with our issues.

    I just think that some of the people involved in IV.com are taking step2 before they have taken step1. They have a nice website (no big suprise with a project run by IT professionals) and are already soliciting contributions, but some aspects of it make me wonder about the level of professionalism involved.

    Just to clarify, we are all people with daily jobs other than Immigration Voice. This is a volunteer organization. Do not expect a macromedia flash welcome screen.

    So as apparently some of the founders of this organization are present on this board, I would like the following questions answered:

    - what is the legal form of your non-profit organization ?

    Its on our home page, but just in case, we have applied for 501 C4 status

    - is this entity registered in any state, if yes in which ?

    Again, the address is listed on the web site.....but since you did not bother to check it, it is NJ

    - who is registered as the owner of the organizations bank account ?

    It is owned by Immigration Voice. Remember, this is a NON Profit organization. It cannot be 'owned' by a person. Again this is on the web site..

    - what is the structure of the organization ? Do you have dues paying members, is there a board of directors, trustees ??

    Yes....if you know about 501 C4 orgs, they all NEED to have an org structure and there are officers and a board of trustees

    - who are the officers of the organization ?

    Everything is in place. 501 C4 cannot be registered without that.





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  • At least some good news are arriving prior to the X'mas holiday! :p
    This might have a huge impact on people who held a H4 b4 switching to H1B!

    http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf


    GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...





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  • the 10th Mountain Division



  • This definitely raises a red flag, given that it is so open-ended. Come to think of it, all companies invest in training/educating their employees. Asking the employee to refund those costs on seperation seems a bit absurd.





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  • Nope. USCIS spied on our site and did not release this pdf today.





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  • I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:





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  • Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...

    Good information for all those who had or thinking of using AC21.
    Very well written to-the-point information.





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  • I think finding 'floor time' will be a major issue...compared to votes. GOP would have recognized by now what caused them to fail last time...





    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.





    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,
    BK



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