pappu
04-09 03:31 PM
Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)
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logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
ak27
02-20 09:32 AM
I have written to my congressmen couple of times but I am yet to recieve any response. I will contact his office again this week..
Ajay
Ajay
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rakesh_one
03-07 11:47 AM
Guys....like everyone else I have been doing exhaustive research on this subject for last month or so.....I have resigned this week from my job and have decided to use AC21...... following are answers to some of your questions...
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
New Employer support - There is no need for the new employer to support the GC process.....After you file 485, the process is yours as an individual and not of any employer....All you are saying is that my I-140 was once approved with some employer and USCIS took forever (read more than 180 days) to give me my green card......so as long as your job is in the same profession (read occupational classification) you are okay....so NO, the new employer does not need to support the process....all they have to say in the employement verification letter is that we intend to hire this person on permenant basis after getting his Green Card...... Please read Yates Memo of 2005 and it will tell you all there is to know about AC21.....
Lawyer Support and Expenses------- I can imagine lawyers trying to make whatever case for asking whatever ammount of money for AC21 as that is a new business area for them?----- I do not think you need a lawyer for this.....there are plenty of letters on the net that show the template....also, if you are sure your employer is not going to revoke the I-140 then you are not even required to send the letter untill if and when USCIS asks for employement verification letter.....
As per charges from RK and Murthy...
Rajiv Khanna - $3000 for primary +$1000 per dependent
Murthy - $2000....
I have done some exhaustive research on this AC21 crap and have decided to change the employment......
You are wrong. New Employer has to support GC.
Since GC is for future employment, there should be an employer willing to hire you on the day 1 you got your GC. AC 21 helps you to transfer the burdon from one employer to other. In most cases, by providing an employement letter for a permanent job in the same or similar job, it is kind of implied that the new employer has assumed that burdon without themselves knowing it. It would help your case, if the new employer explicitly say that they acknowledge your pending 485 and would assure USCIS that they have a job up on approval 485.
more...
jonty_11
10-20 02:56 PM
Obama may be great...but we dont know...At least McCain has helped sponsor or vote in favor of EB bills in the past...So History on EB supports him more than Obama....
Hermione
09-26 11:13 AM
No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
more...
needhelp!
02-03 12:33 PM
IV already has this as part of the agenda so why try to reinvent the wheel? Currently IV has requested our active involvement in trying to expand our member base to make our voice stronger.
We have professional help to analyze the current political situation to decide on the best course of action that will benefit all members. A lot of background work has to be done before IV can announce a call campaign or letter campaign.
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
We have professional help to analyze the current political situation to decide on the best course of action that will benefit all members. A lot of background work has to be done before IV can announce a call campaign or letter campaign.
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
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waitforevergc
02-14 10:02 AM
this is an irrelavant thread. pls delete this thread.
'ethnic cleansing' is a strong word and shouldnt be used in our context.
thanks.
'ethnic cleansing' is a strong word and shouldnt be used in our context.
thanks.
more...
syzygy
09-28 02:40 PM
What can be more racist and unfair than USA as of today when hundred thousands of people who already gave their youth energy to innovation are being made to live hell like lives? I am sure many of us will find medical repercussions of what we are going through in few more years and then we can frame GC or AP or EAD or H1B extension and stare at it from hospital beds :) Cornyn / Durbin is all BS, they just don't want people to settle here, they just want slaves. Rest all are hurdles and policies to close any possible open door for deserving.
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
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ramaonline
12-26 01:40 PM
there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.
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ramus
07-05 03:56 PM
Thanks Pappu for update..
Can we get some fund from new members or old members who are just sitting on side line and watching it from there.
Man, $2500 only. That is really pathetic.
Can we get some fund from new members or old members who are just sitting on side line and watching it from there.
Man, $2500 only. That is really pathetic.
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CADude
02-20 06:32 PM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
more...
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go_gc_way
12-28 07:19 AM
Bump /\/\/\/\/\/\/\/\/\
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gsc999
04-23 02:55 PM
Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
-------------
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
-------------
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
more...
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ItIsNotFunny
10-16 06:12 PM
-Someone gave me RED for this posting with NO comments-
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
It looks like someone just walked by put red dot with "." as comment to everyone. Gave one to me too... Just ignore. Its not important. More important is what exactly we want to do.
Whatever we decide, lets finalize and start working on it. I remember famous quote from Walt Disney: "The best way to get something done is start doing it."
I wish that educated moron could come in open to discuss the alternative approaches. with a issues like this probably we need mltiple approaches to get our msg clear.
It looks like someone just walked by put red dot with "." as comment to everyone. Gave one to me too... Just ignore. Its not important. More important is what exactly we want to do.
Whatever we decide, lets finalize and start working on it. I remember famous quote from Walt Disney: "The best way to get something done is start doing it."
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BlueSunD
03-11 12:01 AM
Really sorry everybody, guess I�m the last one to post, I don�t know if I made it on time, but if not tell me and I�ll put the image down. Really sorry everybody... yes again.
Any way my entry :
(http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg) http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg
and the wires:
http://img.photobucket.com/albums/v55/BlueSunD/Maya/FinalPersp.jpg
http://img.photobucket.com/albums/v55/BlueSunD/Maya/Final4Views.jpg
Any way my entry :
(http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg) http://img.photobucket.com/albums/v55/BlueSunD/Maya/BSDFinalSubway.jpg
and the wires:
http://img.photobucket.com/albums/v55/BlueSunD/Maya/FinalPersp.jpg
http://img.photobucket.com/albums/v55/BlueSunD/Maya/Final4Views.jpg
more...
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ajthakur
07-14 08:07 PM
Thanks rajuseattle. I am first going to try find out whether my previous employer did revoke the 140. In case he didnt i am safe. In case he did, when he did it is the key.
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
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Suva
07-18 09:03 AM
My packet was delivered at 9.01 AM on July 2nd.
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ak27
12-25 10:07 AM
Hello Everyone,
I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..
Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..
Thank you
ak27
I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..
Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..
Thank you
ak27
Jaime
09-10 03:53 PM
By the way, here's a funny (and sad but true) anecdote. I had already been on H1-B status with my current employer for over a year when I engaged HR to start my green card/adjustment of status process. The answer I got from the HR person was "Oh, sorry, but we don't sponsor"...I was frozen! Did not know whether to laugh or cry out loud! "But dear, you already have sponsored me!" I told the poor lady.....
Funny? Pathetic? WE NEED TO FIX THIS! AND THIS STARTS AT OUR RALLY IN WASHINGTON! LET'S ALL GO!!!!!
Funny? Pathetic? WE NEED TO FIX THIS! AND THIS STARTS AT OUR RALLY IN WASHINGTON! LET'S ALL GO!!!!!
DDD
03-14 12:06 AM
If ya'll do like a character model contest next time, I think I will be in. But we will need like a 4 week due date...lol. Good job all.
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