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  • amitjoey
    11-17 04:14 PM
    If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D

    You wont be able to do that if you entered the US at an age more than 16yrs old
    DREAM Act beneficiaries must:

    Have proof of having arrived in the United States before age 16.
    Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
    Be between the ages of 12 and 35 at the time of bill enactment.
    Have graduated from an American high school or obtained a GED.
    Be of "good moral character"[12]


    That is why we need to participate in this action alert and have them consider our ammendments.




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  • Madhuri
    02-17 04:52 PM
    Your receipt number for this payment is: 1326-1716-9434-4395.




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  • raj3078
    11-21 11:44 AM
    Hello Mehul,
    As everyone, I was lost to find words writing this email. I think, you need to consult a good lawyer to begin....Hope things work out for you.
    Raj




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  • nemadeni
    03-25 03:19 PM
    Wait for Oct 2008 for any possible movement.

    My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.



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  • RockyRocky
    09-03 04:09 PM
    sk2006, could you please share more details ?? like when exactly you got card production email , when u got approval notice email and when exactly u received physical GC.


    sk2006 -- can u shed some light on above please?




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  • nk2006
    10-05 02:45 PM
    nk2006,
    please post contents of that yale article (your link is not working).

    Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
    That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):

    Future of the H-1B program:

    The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.

    "A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."

    In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.

    The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.

    If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.

    The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
    Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.

    "Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."

    The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.

    Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.

    "I am doing the same kind of job, just in a different office," Yue Zhou said.

    Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.

    "Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."

    Bicalho said students should be proactive and involved in the application process.

    "Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."



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  • kondur_007
    09-27 01:40 PM
    Sorry for my French guys...I generally dont like to use bad words, but this Charles Oppenheim boils my blood...

    Look at all his previous statements...I dont know under what kind of influence he makes his statements...

    He has BSed us in the past (look at his prior statement that he made in VEGAS) ....

    Now he is BSing us again....

    And we take his words seriously and start another set of arguments....

    God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.




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  • arihant
    05-03 12:05 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.



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  • kondur_007
    07-28 02:08 PM
    As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).

    If this is repetition of what has already been discussed elsewhere on the site, I apologize.

    First, let me point out when and how the interpretation changed:

    Following is from immigration-information.com site (Ron Gotcher):

    �Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.

    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�

    Direct link to above post:
    http://immigration-information.com/forums/showthread.php?t=5456

    Some more information from Ron Gotcher�s site can be found at following link

    http://immigration-information.com/forums/showthread.php?t=5703

    Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)

    8 CFR Sec 202(a)

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-


    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Read the entire Sec 202 (a) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    A glimpse of Sec 203(b) is:

    b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:


    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.


    Please read the entire section 203(b) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    So, in nutshell:

    1. The law is actually clear on this.
    2. Now Mr. Oppenheim has interpreted it correctly as well.
    3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
    4. The only way to deal with it is to CHANGE THE LAW.
    5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
    6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).




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  • sairam
    07-04 04:14 PM
    Mine was delivered at 10:25am on 07/02/2007. Priority Date: Sep 2004.



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  • walking_dude
    10-08 04:07 PM
    How do you know its rare? Do you know every Indian, every Chinese, every Mexican, every Phillipino [ all non-ROW countries] who has ever applied for EB GC? Mathew Oh posting about it shows it's being used by substantially.

    In the same stroke, if we count the people who got stuck behind despite earlier PDs using real statistics, it may turn out to be less than 'Alternate Chargeability' + American spouse cases. Most people have been getting GCs by PDs!

    Labour substituition is no longer allowed. But thousands of Substitution labors got approved just prior to July 16th(?) DOL deadline. So how trustworthy is the "holy" PD?

    How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.

    India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?

    Labour substituition----Now thats bad...but its no longer allowed




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  • prakgc
    10-04 10:30 PM
    My employer is being brought by another company although my position,salary,location of employment is just the same.

    My 485 is pending.. So do i need to inform USCIS about this and does this even qualify as a AC-21 case?



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  • rc0878
    09-20 09:07 AM
    please check my signature...




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  • Sri_1975
    08-31 01:49 PM
    No Recipts yet..:)



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  • vinnysuru
    03-28 11:57 PM
    Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.

    So your choices are:

    1. Come back in with AP (safest)

    2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)


    Both have their Pros and Cons.

    Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
    But most people who have landed in Canada have had no issues.




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  • oguinan
    07-09 01:04 AM
    For some postal destinations the USPS offers guaranteed 2 day service. I recently mailed a package where this service was offered. The postal worker explained that if the package was mailed on a Friday, it would be delivered on Sunday. San Francisco, CA is one of the destinations where this service is offered and the package in question was, indeed, delivered on a Sunday.

    You should check whether the postal service offers the 2-day service to the USCIS office.

    United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
    still It does not mean anything ... they can reject it.



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  • drona
    08-31 07:45 PM
    Have you looked at the status of the rally polls? Are you even aware that we are having a historic first rally for legal immigrants in Washington DC? Please people, get your heads out of the sand and participate in this rally to fix this broken system.




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  • sunny1000
    07-08 08:08 PM
    The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.

    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    ------------------------------------------------------
    explainer: Answers to your questions about the news.
    Do Noncitizens Have Constitutional Rights?
    Chris Suellentrop
    Posted Thursday, Sept. 27, 2001, at 5:47 PM ET

    Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?

    Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)

    But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

    In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."

    Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").

    On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.

    Next question?

    Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
    -----------------------------------------------------------------




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  • java_jaggu
    04-21 08:33 PM
    This thread just puts things in perspective. Getting a GC and beyond is a good thing, but in the larger scheme of things, enjoying the present moment and enjoying what you got is far more important. You never know when it can end !




    panky72
    08-22 03:50 PM
    filed July 12th @ NSC
    no receipts




    sheraaj
    07-10 10:38 AM
    Hello Guys,
    Looks like this did got some visibility. It does not matter you have won the game or not but getting the message and getting the visibility is important.

    Check wikipedia article (Down below). -- > http://en.wikipedia.org/wiki/Gandhigiri

    "Wikipedia is a free online library with many articles and it is very popular website and gaining popularity every day."

    BTW.. People might argue why are we doing this and Gandhiji did not do this. Gabdhiji clearly stated that Satyagraha can be achieved in any way as long as it is peacefull. We are doing Flower-Satyagraha.

    Thanks to you all. If you did not send then keep on sending. IV has done a very good job by initiating this.

    Regards..



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