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  • indianindian2006
    07-14 06:09 PM
    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate

    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.





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  • delax
    07-13 10:22 AM
    Permit me to call out the grossly misguided emotions I've seen in this thread.

    We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.

    Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?

    This shallowness illustrates the deep void in vision and a decidedly insular world view.

    I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.

    And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.

    However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.

    Cheers!

    Cant agree more - Well said.





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  • grinch
    03-11 10:33 PM
    Yes we are soulty!!

    Thanks bluesun, I'll try it out





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  • lazycis
    01-18 06:54 PM
    By law, you are not suppose to make copies of an official US document.



    I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.



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  • jetflyer
    07-02 09:31 AM
    IV core may or may not support this because it is different path then what IV core is working since long.
    And Yes online petitions takes more to make impact
    but it doesn't hurt to try
    So I am with you .....Support!





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  • willwin
    07-28 01:35 PM
    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.



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  • tomchi007
    02-21 05:12 PM
    Pardon my ignorance and pls help me understand, how does PD impact the mass 485 applications sent July/August 2007?
    I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?





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  • greencard_fever
    07-20 11:14 PM
    I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.

    There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.

    They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.

    Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.

    Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.

    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:



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  • GC_ASP
    03-18 05:47 PM
    Thats what I understood as well. Eb-2 benefited the most because of this.

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.





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  • anurakt
    12-27 02:14 PM
    INFO PROVIDED FOR UK IS INCORRECT.

    Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.

    We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.

    I hope when you say valid visa , you are talking about non-expired visa.
    I think you should sue continental airlines...here is the infor right from the UK consulate website

    Next time take a print out....and go to airport and argue...many a times these airlines people are confused and do not know the current regulations...

    http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States

    Info :
    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you qualify for exemption because you hold one of the following:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or,
    a diplomatic or official passport issued by Vietnam.

    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    Please read Guidance - Visitors for more information.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.



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  • delhirocks
    07-01 10:00 PM
    When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!

    What is the alternative?

    We all resign to our fate�or try to do whatever little we can





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  • kondur_007
    06-08 07:01 PM
    There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed

    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.

    Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.



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  • thepaew
    05-26 04:51 PM
    We were traveling the Montr�al on Friday and saw this too. The Border Patrol had set up a roadblock on I-93 S and were stopping everyone.

    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.





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  • desi3933
    01-31 05:51 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    That would be absolutely fine.
    Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • no538
    06-06 04:16 PM
    Hi bodhi_tree and amitpan007,

    Were there any LUD's on your application before the approval?

    Thanks.





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  • snathan
    03-10 08:52 PM
    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.

    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.



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  • missourian
    07-16 05:19 PM
    Why they are misrepresenting senators, we are not paying TAX!! ?, is that possible for IV to take action about it by counter emailing?.

    Original Poster, Even in IV we have webfaxes, I used to send around 100 faxes to all the senators for all 50 states, so IV has that facility, Kuddos to you by lending a helping hand on programming part if required.





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  • lotsofspace
    02-21 03:33 PM
    When was the last time DOS moved the dates based on calculations and pending applications ??

    I know this gives a lot of 2003/2004 EB2 India folks a ray of hope. Hang on to it :)


    Of course since there is nothing better to do, we can crunch the numbers and make predictions about when the dates move to what etc. :):) Nothing wrong with it. Gives us some fodder to munch on.

    The folks in the line for a while know, how better these predictions have been in the past.

    Keep your numbers coming :D





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  • f_b_2007
    07-18 08:32 AM
    Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
    If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

    Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

    I will call USCIS next monday if I dont hear anything before then..





    vxb2004
    04-23 08:21 PM
    Great news Googler! Enjoy ur freedom friend....:)





    spicy_guy
    07-12 04:27 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D