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  • ind_game
    05-15 10:52 AM
    When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.

    snathan,

    USCIS is very clever about the fee waiver. One of my friends got the same kind of denial as I got (trust me we compared the notes) on the same day from NSC. When he filed for the MTR, USCIS reopened his case but with an RFE on his case. He had to send some medical reports, birth certificates and some other documents. In that way USCIS is getting away with wrongful denied cases without refunding any fee back. I have donated $2500 to USCIS for my two MTRs (forget about emotional drain which is incomprehensible and unrefundable). I do not think USCIS will ever give me that money back after it finds there is error in my case. it will definitely come up with some kind of RFE. It is very easy for them......




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  • eight_8
    07-14 03:24 PM
    Done
    Amount:$10
    BOA Bill Pay Reference-7YB8H-0HG83




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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • gclabor07
    05-22 12:15 PM
    I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.



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  • hopefulgc
    03-04 09:06 PM
    noticed soft lud on my spouse's case .. dated feb 27th.. something is up ppl


    I checked the online status of our 485 application after long time..i totally lost hope on our 485 applications that USCIS ever bothered to work on them..but strange thing is i have noticed a soft LUD on my wifes case..this gives me some hope..:D




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  • kumar1305
    02-24 04:12 PM
    Interesting discussion...

    My point - I am going to take things in a stride, basically wait till I can - doesn't hurt me as long as I go about my daily routine.

    All who are thinking of jumping the fence and giving up, one piece of advice - if you do not have kids and plan to have any in this life, please do it NOW - have them be born here (all of them) and then move on with whatever / wherever you want to go.

    At least this is a gift you will be giving your kids for their lifetime and all the generations following them (remember - a US citizen's kid can be a US citizen no matter where he/she is born) - so you will be arranging US citizenship for all your great^n * grand * kids (0 <= n <= infinity) !

    This is how I think about it when I do not think about MYSELF. Once the kids are born, you can flaunt their American Passports and feel happy in their well-being and security (for whatever it is worth) and move on to Canada / India / Singapore / wherever! Live happily.

    And do not forget your kids can sponsor you when they are 21.



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  • jonty_11
    07-24 02:52 PM
    I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.

    I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
    makes no sense.....

    EB3 India setp 2006 wasnt even current in Jun 2007....




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  • ramus
    07-06 12:38 PM
    Looks like something is happening.. They must be trying to close all loop holes.

    But may be it is too late now...

    new from Aila.org

    July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability

    Has anybody got more info on this.



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  • black_logs
    04-25 01:14 PM
    Guys let me clearify it. We cannot change our agenda at this point . It is not an option. We have done 1000's of hr discussions with QGA and so many meetings with various Senators and Congressmen to get our agenda finalized. Adding something new to our agenda is not an option. But this is a very healthy discussion going on here. Pleople can send personal comments and ideas to the lawmakers. This is surely a very good suggestion.

    . I agree. Also, since F1 is not a dual intent visa this will not hold water. Anyways this is a ridiculous demand. We are not the law makers and we should consider ourselves lucky that couple of IV's amendments are in a few of the senator�s bills, though there are no guarantees if they will be included in the final text or let alone be passed. We should only push for what is already include in the 2 bills and not confuse everyone every time one of us comes up with this "brilliant" idea of using H1B entry date as priority date. So what's the next amendment we want� include the day I first envisioned that I will come to America as the priority date. WE NEED ONE VOICE and we have already been heard so let�s stick to what is practical and push those amendments through.




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  • Karthikthiru
    07-20 01:28 PM
    The report shows 144,000 PERMs between March 28, 2005 - June 1, 2007 (NOT between oct 2006- march 2007). That i sover a period of 2years and 4 months. This is not bad as we all are thinking

    Karthik



    http://www.immigration.com/newsletter1/dolsta1207.pdf

    there were 144,000 PERM's done between oct 2006- march 2007

    india, china have retro for both EB2 and EB3
    mexico, philippines and bunch of other countries have retro for EB3

    PERM is only for the Primary applicant. For I-485 every dependent of Primary applicant needs one separate application

    Considering all these 750,000 I-485 filings in next 1 month sounds a reasonable estimate.



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  • Milind123
    09-12 05:29 PM
    Hi IV members,
    Thanks for all the work and effort put into making the life of many simple.
    Just made a small contribution from my side
    Details
    $100 from paypal Receipt ID: 0140-0216-9540-2146
    Thanks
    -Ska

    Way to go first post and a contribution.




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  • superbabu
    09-10 09:58 PM
    how short are we from 30k?.



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  • ronhira
    07-06 02:56 PM
    I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.

    i want my share of 350k, just think i am equal shareholder in this :D just close this sucker down and distribute that 350k between us, that will be really good :cool:




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  • nk2006
    10-17 10:13 AM
    Thanks to everyone who sent the letters already. Please continue to do the same and encourage your friends to do the same.

    sounakc, sw33t - it seems you need more info to decide. Please post here about the info you need. We have many people who are pretty knowledgeable on matters related to AC21 (like chaduv) who might be able to answer them. If it is something about this campaign and have questions - please shoot, will try to explain why we are considering it is a serious one and can affect anyone.

    Everything related to EB immigration is grim for last couple years - the only two things that made some positive impact on us are July 07 fiasco and admin reforms. IV made great efforts to achieve them against all odds (just like RedSox win yesterday :)) - those two combined with AC21 regulations provided many of us the flexibility and career advancement that we missed because of this cesspool called GC. Now that flexibility is at stake. What is the use of AC21 regulations and EAD if we are not certain about whether our I485 will not be denied later.

    Some have pointed out that this will not affect them or that their previous employer will not revoke I140. First of all - never assume your I140 will not be revoked - it can happen in many circumstances even if you had good relations with employer. And even if you are not planning to use AC21 right now, think about this: we are all in this together to make EB immigration better. When things are tough to make any change (legislatively or administratively) - we cannot afford to lose one of the very few positive things that happened to us. IV core fought for us - spending their time and even money - lets take some inspiration from their acts, and show them that we volunteers are serious when we say that we want to contribute to IV and make a difference to EB laws or USCIS functioning.



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  • singam
    09-10 05:17 PM
    $100, Google Order #360858396298535




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  • ragz4u
    03-16 10:07 AM
    The number to call is 202-737-3220. Tell the receptionist that the Judiciary Committee hearing cannot be heard from Dirksen Rm 226 and that it is extremely important for you to hear this live as it unfolds

    If a lot of folks call, they will make sure it works!

    If you call up, leave a post here so we know that you have called too....

    Lets get going guys....



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  • gapala
    09-05 08:15 PM
    Based on my research on net and discussion with economic savy friends and my own limited knowledge in economics, by any calculation, real-estate in India is going to be in deep trouble. It will be a uncalculated gamble to invest in realty at current prices in India just because the commitment is large and long term with 0 visibility

    Even in NRI perspective, set aside the low GDP of india and assume that it will grow beyond wildest dreams in next 20 years (atleast I hope they will control the inflation), the prices are still beyond the Purchasing Power Parity between nations for example US and India. US PPP is around $41500 and stand at 8th position among world countries. Now all 7 countries above US are so called non attractive for NRI's. Where does india stand? 140th position with a Purchasing Power Parity of $3300. Only poor south african, south asian countries are below India in the list.

    http://www.nationmaster.com/graph/eco_gdp_pur_pow_par_percap-purchasing-power-parity-per-capita

    Assume that at some point in future you will need to realize the investment say 5 years from now or even 10 years. Who will buy it from you? only 2% of indian families potentially can earn $200,000 in life time. Given this, I think you can only hope that another NRI would earn and save enough at that time to buy from you paying more that what you have invested + (alternate investment value).

    There are estimated 182000 including the ones waiting for approvals real estate flats and complexes are being built all across india's major cities expanding into suburbs. As someone said, NRI's invest in majority of the projects even before 10% of development is completed. These projects will be completed in next 5 to 7 years. Beyond that new projects that may come up in future which will potentially increase the supply combined with poor purchasing power of local folks and corruption is a real recipe for disaster.

    I am sure majority of NRI's did not tak a deep look at economic and political scenarios before making decision on buying realty in India. I was shocked to hear one builder with such convincing tone, saying buy it now or you will loose the chance. After a week, he increased the price by 2% and told us that there is a huge demand and he already sold 20 units in 5 days since we talked to him. Hard to believe. I later heard that he is still selling units to NRI's :) and tells them same story.

    That triggered me to do some research and study the situation in that country and when I try to connect the dots.. jeez its scary. It seems they do not consider capacity of drainage, sewer and waste disposal in the area to support increased usage in their project building these flats which will house 100's of new families. Public water supply pipes are also not expanded around the development area to cater increased demand and consumption. Builders just connect water pipes to the nearest public water supply point. God knows when, that public water supply pipes were layed and to support how much consumption? Water preasure in these buildings are 0 and you just see drops :) Solution to this, Builder says its a common norm that all occupants will buy the water and share the cost.

    I am not throwing the my small savings to gamble in India. If you get a good deal, go for it or just wait for a correction. Now the question is what is a good deal in given circumstances? If the rotation slow down, investment locks up, poor local PPP with make credit expensive and preasure will build on borrowers to liquidate property which will lead to fall in prices. We can even expect a credit crisis in India in next couple of years.

    Do not even compare effect of credit crisis in US to if at all it is going to happen in India. US is still the strongest economy and India is not. (I am not talking about growth rate here but the depth)




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  • diptam
    08-11 05:10 PM
    hpandey,
    I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?

    How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?

    They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.

    Let me know what you think !

    Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.

    http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html




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  • maverick_joe
    05-02 04:23 PM
    what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...

    well damn you king, issue GCs faster then!

    I read here that King said that everyon on EAD and AP is getting a free ride even thought here green card might get rejected. What does he mean by that. I tahught every process goes thorugha security check. such as I 140, H1b, AP and even EAD.




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    12-02 04:37 PM
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    Northwestern lowly ranked for MBA ? gotta be kidding. Kellogg School of business brushes shoulders with the very best including Wharton, MIT and Harvard.




    mdmd10
    07-23 03:56 PM
    It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)


    PD for EB3 India in the June Visa Bulletin was 1st June 2003, meaning all those whose Priority Date on the LC on or before 01st June 2003 are eligible to apply for the next 2 stages.

    If so, how could someone with a PD of Aug 2004 in EB3 India apply? Perhaps I am missing something.



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