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  • desi3933
    02-25 10:12 AM
    Please create a poll and also start a special funding drive. I am committing $ 200 for this effort.

    Hopefully desi3933 can come by and perform a reality check on this proposal.

    An interesting idea to say the least. Out of box suggestion.

    However, there are few things, from legal point of view, it needs to overcome. I will post my detailed comments this afternoon.

    Once again, this is a great idea!

    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • godspeed
    12-19 07:36 PM
    Hi Folks
    Contributed another $50. Till now total contribution is $250.

    Preetham





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  • jonty_11
    08-09 05:12 PM
    No, I didn't go out of the country for stamping, coz i was under the impression that my visa was Change of Status from L-1 to H-1. Only now, i could find from the immigration lawyer that i don't have a valid I-94. My employer was napping too, all this while.
    u never got H1 approval notice with I-94 in it? If yes, then u have been out of status for over 6 months now.





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  • deecha
    07-20 02:41 AM
    I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
    I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.

    Chronology
    ========

    #1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
    #2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
    #3 Nov 2002 - Fall in love with an American girl
    #4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
    #5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
    #6 October 2003 - Fall out with employer and quit.
    #7 November 2003 - Marry girlfriend (Out of status)
    #8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
    #9 April 2004 - Find a new employer "X" and start working for him
    #10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
    #11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
    #12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
    #13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
    #14 Nov 2004 - Divorce final
    #15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
    #16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
    #17 Feb 2006 - PERM labor EB2 approved
    #18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
    #19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
    #20 Oct 2006 - EB3 labor approved from backlog center
    #21 May 2007 - File for 7th year H1B extension
    #22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
    #23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
    #24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140

    Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?

    As you can see, mine is not a straightforward case.

    The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?

    Thanks !



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  • hsd31
    06-20 11:53 AM
    That is interesting. The steps that we followed were the ones told to us by the DC embassy. I think the only difference between your case and my wifes case is that her passport had just her First Name under "Given Name" and her "Surname" was blank. I think in your case you have the First Name and Last Name combined under the "Given Name" and "Surname" is blank.


    I just spoke to Indian consulate, NYC. The procedure to correct the last name is very simple. All you need is an Affidavit from the person (Signed in US, saying that you are correcting your name.), 4 photos and a copy of 797 or Visa. No need of advertizements, or Indian affidavit.

    Please note, this is applicable only if,

    In your passport Surname is Blank

    Given name has <first name><last Name> (and all spelling etc are correct)

    and you want it to be corrected to

    Surname <last Name>

    Given Name <First Name>

    They will issue a new booklet with corrected name. It's same day service in NYC.





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  • SFSweta
    07-10 02:57 PM
    Hey you guys - ask not what someone else can do for you but what you can do for someone else...didn't JFK say something like that ;)

    You are ABSOLUTELY correct in saying that all the forums mention EB2 and very little attention is shed on EB3. I wonder why! Is it because EB2 recepients are more actively involved on IV? Or because EB3 recepients are quieter? Both these situations lend themselves to the bias towards EB2. And ultimately lead to one thing - more being done for EB2. I am EB2 and believe you me - I'm not complaining.

    Sadly though, the number of EB3 applicants is many many times the number of EB2. So, there's something to be said for participation and having your voice heard. It is no wonder then that we as a group are dismal at having our collective voices heard - we don't participate like our lives depended on it. And in this case our entire lives depend on what's going on...

    So, instead of bickering and blaming, why don't we awaken the giant that is EB3 India and China and have them participate as well...maybe we'll be able to kill many many birds (country limits, DC rallies, contributions to IV and lobbying activities, phone call campaigns, letter campaigns...) with just one stone....just thinking out loud...that's all...

    Any ideas?



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  • RNGC
    07-11 11:48 AM
    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas..
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law ;))

    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!





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  • BharatPremi
    11-20 05:48 PM
    Some answers.
    2) I think you can paypal whatever amount you want to IV using PAYPAL. You just need to know the email address of IV, as registered with paypal. I just sent you a PM, please check.

    Thanks.Paypal worked for odd amount. eCheck Sent (ID #3LR82481PF164841Y)



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  • trueguy
    07-11 01:43 PM
    It would be fair if spillover numbers are equally divided between EB2 and EB3 retrogressed country so both category can get equal relief.

    Any thoughts?

    thanks





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  • santb1975
    11-25 11:31 PM
    $$$$$



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  • reedandbamboo
    09-13 11:36 PM
    1) Since the letter refers to "we" (the legal immigrants), should we be individually signing the letter?

    2) Are we going to provide our mailing address as well as email IN THE EVENT that there will be a response to our questions?

    3) What happens if there is no response?

    4) In the letter, I said action must be taken in the remaining 15 days .. BUT HOW CAN ANYTHING BE DONE AS THE STANDARD RESPONSE IS "the annual quota is exhausted" ??? i.e., there are no more visas to allocate!!





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  • ItIsNotFunny
    03-09 09:25 AM
    Guys,

    I want your input on a very important issue. So far I haven't heard anything proper from IV Core. We achieved the pledge goal. This really shows everybody's passion to get the real data.

    We have couple of options:

    1. We deposit all the amount to IV's regular account. In that case quite a few guys have asked for guarantee that first $5000 out of this money will be spent specifically for this purpose.

    2. We create a new paypal account, get all the donation in that acccount and one of us get the data from USCIS and share with everyone on IV thread itself.

    Please let me know your opinion ASAP. This is very important and quick reply is necessary.



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  • dtekkedil
    07-08 12:06 PM
    Just out of curiosity, is anybody working on notifying the media in the US?
    Thanks

    Working on it... we will have the "draft" version by the end of the day. In the meanwhile I would appreciate it if anyone can find out fax numbers where we can fax the press release to.

    Email addresses are fine but we need fax numbers too. People take them more seriously.





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  • dtekkedil
    07-08 12:06 PM
    Just out of curiosity, is anybody working on notifying the media in the US?
    Thanks

    Working on it... we will have the "draft" version by the end of the day. In the meanwhile I would appreciate it if anyone can find out fax numbers where we can fax the press release to.

    Email addresses are fine but we need fax numbers too. People take them more seriously.



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  • Marphad
    12-03 03:23 PM
    For us, life revolves around everything immigration. For IOs, its just a job to pay the bills. I wouldnt fault the IO...they are just doing their job & acting according to procedure. How many of us professionals keep track of EVERY SINGLE thing thats related to our industry. So keep that in mind while we criticize USCIS people.

    If the company I work at, filed an intellectual bankrupcy and had become a big issue that I have to encounter in my day to day life, I would definitely remember that.





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  • neo_ny
    06-28 11:03 AM
    Hey ppl - Question for anyone who applied for a passport recently in NY embassy. The website states that they need 35mm * 35mm photographs. Are they strict about it or you can use the standard PP size photograph here in the US 50mm * 50 mm?

    Appreciate any responses! Thanks



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  • tiinap
    03-26 04:06 PM
    Denatured, looks like no one knows the exact answer. It's only the 2nd year we've had the lottery, and last year it was unexpected so not many people had 2 applications in.

    If both of your H1s are approved, then I'd imagine you'd receive two approval notices with different company names on it. I believe you'd then have to choose which one you want to use for your visa stamp, and let the other company know you have to turn down their offer. I imagine they won't be happy about it, but it's your right and if you want to be ethical you can offer to refund their H1B filing fees.

    I'm not an expert but from what I know the H1B is always issued for a specific person and a specific company. You are able to change the company on that visa, but the company cannot take the visa that was issued to your name and give it to another employee.





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  • crazydesi
    04-13 01:33 PM
    I know lot of my friends still waiting for GC since last 7/8/9 years. As you can see MY PD is Oct 2001 and I got my approval email last week.

    So dont think that everyone who is getting approved with old PD has bought a Sub labor.

    People are waiting patiently for the queue to get clear and wait for their turn.





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  • gk_2000
    04-15 08:08 PM
    If it is not misue why does the embassy reject F1 visa if applicant cannot show proper ties to home country

    Talk is cheap, anyone can talk anything. What is current position of DV to STEM visa bill?

    Stapling GC to certificates now please don't make me laugh ......

    There is no such sentiment what so even and i am not fighting but stating my disagreement with the whole idea that MS student add to the economy. While they a burden to US for 2 years and add nothing to the economy during the same 2, years a H1B contributes to the economy in form of taxes (SS, medicare State and Federal Tax)

    Can you refute that ?????

    Your turn ...........

    All I want is for you to recognize, that what your argument may lead to, is that the F1 may be altered to be dual-intent, rather than invalidating the F1 to GC path. It is just a matter of perspective. You must be able to see the matter from other points of view

    And let's try to avoid bashing other immigrants. Bring up points that help us all, or at least a majority of us. For example, I have an argument that The below INS law is impossible to implement.

    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE


    Sec. 245. [8 U.S.C. 1255]

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (1) the alien makes an application for such adjustment,


    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and


    (3) an immigrant visa is immediately available to him at the time his application is filed.


    It is impossible to carry out #3, because the numbers just aren't there to arrive at a definitive conclusion, that an immigrant visa is available to a person.

    What arguments for or against this can you make?





    das0
    04-05 05:57 PM
    If less than 20,000 MS H1B applications were received on April 2, what will be the rules of the lottery? Will all those whose applications were received on April 2 be guaranteed a H1? In this case,will lottery apply for April 3 and April 4?

    Great question! Actually i do have the same question. Can anyone offer feedback here?

    i will call a Immigration Office at USCIS tomorrow on this.





    deecha
    08-10 10:04 AM
    I am on your side. This person seems to be a saint and talking about legal immigrants as if you are and illegal. He's an A**.
    Thanks for your support. I usually don't respond to trolls. It's just best to ignore them. I think that in life in general, it's best not to get angry or harbor hate against anyone. It's self-destructive in the long run.