jcmenon
07-24 02:49 PM
jc menon...have u ever taken a law class? - No
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
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Madhuri
07-05 01:12 PM
Yes I aggree. I think we have reached a stage where there are at least around 1000 members who flock to IV, when they need help on any GC related issue.
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
srkamath
07-03 10:18 PM
Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
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GC_ki_daud
10-16 09:55 AM
At the risk of sounding Naive.....Want to clarify...:confused:
Who and how do we get the letter notarized .
Does the letter need to have any of our personal case details i.e reciept number etc.
Who and how do we get the letter notarized .
Does the letter need to have any of our personal case details i.e reciept number etc.
more...
nixstor
07-05 02:33 PM
I found the forum by chance and didn't realize there was more to this website until a while after I signed up. On second thought look at my sign up date, I think I'll just let you old timers battle this one out.
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
vkannan
11-12 10:59 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
more...
srinivasj
03-11 11:11 PM
now looks like dates would move only after july..
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dealsnet
07-07 07:11 PM
Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
more...
snathan
04-06 08:52 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
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Abhinaym
09-10 11:10 AM
I guess, getting 30 green dots is tougher than getting GC itself:D
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
Restricting chat access based on dots earned is probably the most idiotic thing IV has done. Folks who have contributed hundreds of dollars should be allowed access irrespective of posts or stupid dots.
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
more...
yabadaba
07-24 02:15 PM
jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
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srikondoji
07-04 08:58 PM
Rambha:
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
more...
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logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
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shsk
11-11 11:02 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
Hope he addresses something.
more...
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vegasbaby
10-12 12:18 AM
Wow. period.
I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.
We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.
Here's the actual conversation.
Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".
Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"
Officer1: "Sir, your documents"
Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."
Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."
Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"
Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"
(They talk)
Officer 1: "Are these valid?"
Me: "Yes"
Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
Me: "F-1?"
Officer 1: Name?
Me: I tell him.
He calls someone up, finds out, checks my status and returns my ID.
And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".
Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(
Damn, I miss India now.
I work at El centro, CA. Its right on the border with Mexico abt 30-40 miles I guess. Each time the immigration officer stops me w/o fail & checks for my papers. Law is I guess, if you are traveling from 40 miles of US border with Canada/Mexico, you need to carry immigration papers.
I had no idea the situation was this bad. We were on flippin Grey hound buses, from NY to Buffalo and then two immigration people board the bus and start talking to us.
We were just four students doing our Master's going to Niagara and we had no clue that we needed a passports to travel there, But the thing that pissed me off the most was the attitude of one of the officers.
Here's the actual conversation.
Bus driver before we reach Syracuse: "Immigration officials come up to check documents 90% of the time".
Us: "Dude, you should've told us this in New york city! Why are you telling us this now?"
Officer1: "Sir, your documents"
Me(extremely low tone, pretty scared): "Sorry officer, I didn't realize we needed a passport to travel to Niagara falls. We aren't going over to Canada..."
Officer1 (Voice raising, everyone in the bus was looking at us by this point): "I hope you realize what you're saying. YOU ARE IN DIRECT VIOLATION OF FEDERAL LAW. I have people from 40 countries in my station now and I can take you there RIGHT now."
Me (still scared): "I'm sorry, I thought this was domestic travel, I didn't realize we needed a passport for this. I have my international driver's permit and my Student ID Card as identification"
Officer1:(Passengers looking on, Officer 2 jumps in after this): "You realize you are in MY country? This is not a valid form of ID. Drivers license allows you to drive. This does not constitute a valid immigration document"
(They talk)
Officer 1: "Are these valid?"
Me: "Yes"
Officer 1: "Are you sure? Because I'm going to call up someone to check your immigration record. What Visa are you on?"
Me: "F-1?"
Officer 1: Name?
Me: I tell him.
He calls someone up, finds out, checks my status and returns my ID.
And then Officer 2 goes on this really crappy speech which went like - "Now, I hope you realize that we at the United states have many welcome visitors from all over the world...Blah blah.. you just need to carry your Passport with you wherever you go".
Not sure if this is the fabled "good-cop, bad-cop", but damn I was so pissed at the end of it all. I almost wanted to say I want a lawyer, but we were on a vacation, long weekend, didn't want to ruin everything :(
Damn, I miss India now.
I work at El centro, CA. Its right on the border with Mexico abt 30-40 miles I guess. Each time the immigration officer stops me w/o fail & checks for my papers. Law is I guess, if you are traveling from 40 miles of US border with Canada/Mexico, you need to carry immigration papers.
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sledge_hammer
03-05 04:57 PM
I have voted on this poll.
Thanks!
Thanks!
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crazyghoda
01-30 01:50 PM
Yes I filed on July 5th 2007.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
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varshadas
02-05 05:46 PM
Hello All,
Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:
45 Mountain Blvd.
Building D, Suite 1
Warren, NJ 07059
Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.
Thanks,
Varsha
Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:
45 Mountain Blvd.
Building D, Suite 1
Warren, NJ 07059
Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.
Thanks,
Varsha
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desi3933
02-01 08:07 AM
Thanks a lot Desi3933. I don't have words to thank you...
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
chanduv23
07-13 07:18 AM
That is America my friends - people tend to move towards the direction of the wind.
A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......
Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.
A lot of Attorneys currently have no clue what is going on in the background.
A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......
Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.
A lot of Attorneys currently have no clue what is going on in the background.
pv2715
07-13 10:24 AM
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Yagw,
I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Yagw,
I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.
