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  • reddymjm
    09-10 02:04 PM
    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200.

    Yes True. This can happen only in the last quarter. I guess in August or Sept 2011 bulliten. Probably USCIS would love to put C instead of moving it a year by year as they love the flood of applications and backlogs.





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  • feedfront
    09-14 04:03 PM
    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!

    I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.





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  • Macaca
    07-17 09:42 AM
    Immigration bill ignites grass-roots fire (http://immigrationvoice.org/forum/showpost.php?p=89612&postcount=461) The conservative group NumbersUSA has seen its numbers skyrocket. Activists pressure wavering senators. By Nicole Gaouette (nicole.gaouette@latimes.com), Times Staff Writer, June 24, 2007
    Grass Roots Roared and Immigration Plan Collapsed By JULIA PRESTON New York Times, June 10, 2007: part 1 (http://immigrationvoice.org/forum/showpost.php?p=80626&postcount=203), part 2 (http://immigrationvoice.org/forum/showpost.php?p=80627&postcount=204)





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  • ckichannagari
    06-11 10:57 AM
    just sent again after modified contents..



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • retrohatao
    02-16 11:52 AM
    I was thinking this forum was for such purpose. May be I am wrong. Because I have been on this forum for a month now and everytime I had to convince some or other moderator to take up the cause. Not that encouraging...



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  • PD200711
    06-11 01:03 PM
    Sent to my Senators (NC)





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  • amitjoey
    01-18 05:26 PM
    Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)

    Several hundred members ... only about 50 posts !!

    That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.

    Extraordinary effort perm2gc and others, please keep it up !!

    Members , give it a thought ... give a free gift, more the members ...best our efforts.

    Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.



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  • nixstor
    04-23 02:30 PM
    Are you one of the guys who considered going to France as you cannot go to school Full time?





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  • vivid_bharti
    05-06 09:25 PM
    Can you please brief us regarding what action IV has taken...
    Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.



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  • mordaut
    02-14 07:02 PM
    o wut fun! ive only made one other 3d model...i discovered blender about a week ago...so yea...i take the usually take the subway twice a day... so i know it pretty well...but its suprisingly hard to get an image of it in my head... i dont really *look* at the subway in that way when im riding it...i just...ride it...lol





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  • signifer123
    02-15 08:44 AM
    Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't



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  • bheemi123
    10-03 03:13 PM
    wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)


    thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..





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  • amitjoey
    07-05 12:50 PM
    Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
    Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
    Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
    Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
    People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
    And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
    So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.



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  • hpandey
    03-12 12:14 PM
    Dude,

    Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
    point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.




    Thank you,

    You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.

    I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.

    We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.

    I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.





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  • sunny1000
    07-24 10:18 AM
    my lawyer says the same thing..no employer letter needed for concurrent filing...do't know what to believe...Pappu, can you please post the link to the USCIS memo, if you have it?

    Thanks much.



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  • SunnySurya
    07-28 05:32 PM
    Of course these are related to immigration, let me tell you how:
    Picture of lord Ganesha will make more beer sell. More beer will have two consequences one employment level will increase plus people will be more energized drinking these beers. So in both cases it will increase the well being of Indians.
    So this means, Manamohan Singh and other MPs will drink these beers a whole lot and sign the Nuclear deal. Once the nuclear deal is signed more elctricity will be generated and hence more beer.
    That will increase the the well being of Indians further.
    Once a certain level of standard of living is reached no one would want to come to the USA
    If no one wants to come to the USA , naturally the green card line will become short.
    If the green card line is shortned then...
    EB2/EB3 for India will become current...
    :DMy Friends.

    Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

    IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

    Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

    1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
    2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

    (FYI: I am an Indian and a proud to be one btw.)





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  • god_bless_you
    12-13 11:46 AM
    I think you should write an e-mail to the core team to get their attention on this idea.

    Do you think no one from core team reading this thread??





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  • indio0617
    11-22 10:40 AM
    Ok. Here is a question I have.

    I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -

    Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?

    I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?

    Thanks.

    Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.

    It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.





    dpp
    07-09 03:53 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.

    Everybody knows they didn't broke the law, but the way they followed is wrong.

    I saw somebody suing her company because her colleagues are using perfumes. If this kind of US, then why should we leave them for this disaster.

    What they broke is "They need to give prior notice in advance". They cannot give one-hour or one-min notice. They haven't given one-min notice also. It is outrageous. So, please don't say that they didn't broke any law.

    Do you know what does it mean by notice? It should be given well in advance if you want to convey something.

    They completely broke all those ethical laws.





    desigun
    07-12 05:09 PM
    My PD is Oct. 07 (EB 2)

    Gurus.. pls advise.

    Could i expect my dates to be current by mid of 2011?

    Thanks,