mirage
03-07 11:25 AM
The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.
IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.
How does putting a cap on total visa allocation per year promote diversity ?
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akhilmahajan
02-09 11:24 AM
Hello Everyone,
Last year we ran a High Five Campaign and collected $4883 over a period of 4 months. It was a disappointment.
Now as we know the environment is very volatile and lot of things are going against LEGAL Immigrants i.e US (TARP Employer H-1B Restriction Bill (Sanders Bill)), i will like to request everyone to contribute as much as they can. I will like you to contribute a minimum of $20 dollars.
ALL you need to do is write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $20 ACTUALLY goes to IV.
Folks, we are facing historical hard times. Lets make a small donation to keep IV fighting for our cause. IV appreciates Monthly Subscriptions and that is the best thing to do. But these small campaigns/donations will also help IV. I hope you all agree with me and will support the effort.
GO IV GO. TOGETHER WE CAN.
Folks who have contributed so far:-
AkhilMahajan, GCCovet, hrushi_j, Snathan, Mightykandy, MHKumar, sanjay, mmanurker, ita, kate123, chantu, rvurady14, jelo, WaitingForMyGC, pachaik, vineet, Rajeev, coolpal, pcs, nousername
Last year we ran a High Five Campaign and collected $4883 over a period of 4 months. It was a disappointment.
Now as we know the environment is very volatile and lot of things are going against LEGAL Immigrants i.e US (TARP Employer H-1B Restriction Bill (Sanders Bill)), i will like to request everyone to contribute as much as they can. I will like you to contribute a minimum of $20 dollars.
ALL you need to do is write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $20 ACTUALLY goes to IV.
Folks, we are facing historical hard times. Lets make a small donation to keep IV fighting for our cause. IV appreciates Monthly Subscriptions and that is the best thing to do. But these small campaigns/donations will also help IV. I hope you all agree with me and will support the effort.
GO IV GO. TOGETHER WE CAN.
Folks who have contributed so far:-
AkhilMahajan, GCCovet, hrushi_j, Snathan, Mightykandy, MHKumar, sanjay, mmanurker, ita, kate123, chantu, rvurady14, jelo, WaitingForMyGC, pachaik, vineet, Rajeev, coolpal, pcs, nousername
fittan
09-20 10:46 AM
Hi all,
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
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Madhuri
05-01 12:32 PM
I second you.
If 485 can be filed for both primasy and dependent when EB is current or FB is current
this will really work pretty well. dependents can be on EAD/AP status in this case.
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
If 485 can be filed for both primasy and dependent when EB is current or FB is current
this will really work pretty well. dependents can be on EAD/AP status in this case.
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
more...
Carlau
06-18 10:51 AM
Lawyer had given me a tracking number.
Thank you sanjeev
Thank you sanjeev
alias
08-18 02:48 PM
You got that right!, so you are going to help out here or what?
Nope, never to you, may be if someone comes out with a more communal goal, then may be, I will oppose anything you do...doesn't matter right or wrong. Call it personal or whatever, I respect people who see the big picture and act responsibly..
Nope, never to you, may be if someone comes out with a more communal goal, then may be, I will oppose anything you do...doesn't matter right or wrong. Call it personal or whatever, I respect people who see the big picture and act responsibly..
more...
greenrohit
11-18 07:24 PM
Done!
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Sunx_2004
09-15 09:12 AM
Very important point Sandy-
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
more...
decipher
05-23 11:51 AM
mailed 2(CA)+20
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gcnirvana
05-30 12:57 AM
1. I sent emails to Senators again.
2. Sent another issue of my story to 50+ journalist/newspapers again.
3. Sent Webfax again.
Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.
Go IV Go...
2. Sent another issue of my story to 50+ journalist/newspapers again.
3. Sent Webfax again.
Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.
Go IV Go...
more...
pooja_34
08-31 01:29 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.
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sammyb
11-17 05:23 PM
Sent to
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
more...
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greeku_veerudu
08-21 07:50 PM
I am happy to report that we got our approvals. No SMS, no emails, no status change. Infact, our online status still shows RFE review. We got welcome notices yesterday and that's how we came to know about approvals. Got LUD on an old H1B on 8/14/2010.
PD: Nov 21st, 2005
NSC
RD: 7/20/2007
ND: 9/21/2007
AD:8/16/2010
PD: Nov 21st, 2005
NSC
RD: 7/20/2007
ND: 9/21/2007
AD:8/16/2010
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permfiling
05-08 03:17 PM
You can still go to court against the congress, that is what is the freedom of constitution in this country.
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
more...
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deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
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jjava100
02-14 03:36 PM
Paypal transaction ID for this payment is: 29093004MH879794R.
more...
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abq_gc
08-18 01:16 PM
I think we have a provable point as per the USCIS CSR msg "We approve all cases based on the order they are received". So basically it says Approval based on ND. Approving Oct'07 NDs and not approving (not even touching) Jul-Sep NDs makes a valid point.
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
I am not sure how to put our case based on PD because to me PD serves the purpose of passport to get in and then line is formed by ND. But sure, if anyone could put some thoughts and define the situation, I think its well worth to try something different now.
yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...
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vkxml
07-09 05:31 PM
http://www.eweek.com/article2/0,1895,2155487,00.asp
Nice article in eweek about july fiasco
Nice article in eweek about july fiasco
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prioritydate
08-26 12:53 AM
:D
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
I received my Physical Green Card today.
CPO : 08/19/2008 (I received mail on 08/20/2008)
Approval Notice Date : 08/22/2008
LUD : 08/25/2008
Card Received Date : 08/25/2008
Heeee..... they approved my EAD card yesterday! :eek:
walking_dude
10-08 02:48 PM
Please donate $5000 to IV and they'll make it their top-most agenda
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
rsharma
09-24 07:51 AM
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
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