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Saturday, June 18, 2011

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  • unitednations
    12-22 02:34 PM
    this is our history...

    1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.

    2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.

    NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form

    current employer C : July 07 - current
    employer B : Jan 2006 - June 2007
    employer A : June 2003 - Dec 2005 (who filed for labor/i140)

    the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A

    She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....

    when I call back..she says we will handle any RFE's...

    quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..

    pls post your thoughts and comments..
    hope I dint confuse

    Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.

    I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.

    You might be able to appreciate this story:

    I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.

    He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:

    You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.

    Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.

    Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.





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  • 485Mbe4001
    04-23 04:10 PM
    technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
    Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.

    Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .

    As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.

    Tone yourself down before you point fingers elsewhere. GC is not your birth right.





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  • desi3933
    02-11 12:03 PM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem

    As per this link

    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.

    So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?


    __________________
    Not a legal advice.





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  • webm
    06-06 01:56 PM
    It sounds NSC is approving lot of EB2 cases these past few months..good for EB2 folks with PD current..:)


    ----------------------
    PD EB3-I Oct ,2001 (TSC)



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  • niklshah
    07-13 09:27 PM
    murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.





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  • perm2gc
    01-11 03:25 PM
    http://www.laborlawtalk.com/showthread.php?p=850460#post850460

    http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394



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  • frostrated
    06-11 04:02 PM
    Why are Harkin and Sanders supporting this bill. They are both children of immigrants. They need to understand the struggle their parents went through.





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  • Dhundhun
    01-19 11:22 AM
    Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
    Lawyer may be more knowledgable, but here is pointer to User Manual.

    http://www.brother-usa.com/ModelDocuments/Consumer/Users%20Manual/UM_MFC_9840CDW_EN_1034.PDF

    Read page number 106 (Legal limitations for copying).

    After reading manaul and knowing that kinko prohibits such copying, there is some fact in it. It may happen that color copies of documents in some countries are not allowed, but for some other countries, they are allowed. I am an engineer and I don't have more information (pointer to sections of legal books).

    Since I make copies at home, I follow user manual information. If my Lawyer asks such thing, I would show him the information and ask for clerification. If he overides, by give me clauses and sections, I would't hesitate for him. Laws keeps on changing.

    This talks about passport: http://www.ehow.com/how_2038717_plan-any-type-trip.html
    This talks about drivers licence in NC: http://ncsu.edu/student_affairs/legal_services/faqs/alcohol-laws.php

    There is some discussion here http://boards.immigration.com/showthread.php?t=129660



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  • feedfront
    11-02 12:43 PM
    RFE : Sep 10 2010,

    Did you receive physical card?





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  • chanduv23
    02-22 10:23 AM
    Guys,
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".

    HELP IV HELP YOU.

    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!

    VA/MD/DC members, please come forward to host members from out of town. Help them to reduce costs!

    Members who have accumulated airmiles, please come forward to donate them.

    Members living in neighboring states to DC (or at least at a driving distance) find friends/members to car pool with you to the event.

    Members who have unavoidable situations at work or home and cannot participate, help fellow members to bear the costs, please donate to their trip. They are willing to take the time off, and will be representing you and your state. Why not help them?

    If you decide that you will support this effort, you will find a way to help. Anything else is just an excuse! Sorry, to say this, but that is just a fact!

    Anu - I seriously think that, if IV is not getting at least 5% members interested in stuff there is no point in beating the dead horses. Looks like most people are interested only in the discussion forums and nothing else.
    Very few people are motivated and I feel bad that people who want to bring change for the good are not getting enough support.
    In my opinion, IV must help people who sincerely and genuinely want to help themselves and not waste time doing social service to a selfish section of the crowd. I suggest that IV become a profit organization and let people keep ranting and discussing their stuff if they are willing to pay for the services and fun. IV does not have to spend time and money and effort and stress out trying to ask selfish people to help themselves.



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  • javadeveloper
    12-11 12:33 PM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...

    Agreed





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  • Rajeev
    01-17 02:59 PM
    I just signed up for a monthly contribution of $20.

    Also contributed $100 in Dec 06.



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  • desi3933
    03-11 11:49 AM
    Don't put words in my mouth.
    Now you want me to give you reply which you will understand. The SledgeHammer or Mirage way. About the link, read from the top don't just read one post.



    >> Now you want me to give you reply which you will understand.
    [COLOR=Black]
    Thanks for using such "polite" language.

    ------------------------------------------------------
    I think it is in our interest to punish the first insult; because an insult unpunished is the parent of many others. -- Thomas Jefferson to John Jay, 1785





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  • santosh08872
    03-17 04:29 PM
    Mine is EB3, 17th June 2002



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  • tinku01
    02-20 03:02 PM
    these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p





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  • eb3retro
    08-17 12:16 AM
    Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.

    clever adj
    Definition: bright, ingenious
    Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever


    I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..



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  • hydboy77
    06-08 06:38 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

    That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.

    Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
    Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.





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  • tikka
    07-04 08:25 AM
    That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.

    I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.

    Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.

    Thanks for this portal for everyone to get organized on immigration issues.

    Amar

    for your efforts with the DIGG drive...
    we need to continue.... where we left off





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  • ronhira
    03-12 12:37 PM
    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.

    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....





    LondonTown
    09-01 08:05 AM
    I am doing my online MBA right now , if you need more info Private message me.

    Are you doing from Aspen?





    Openarms
    11-03 03:17 PM
    Today received letter from USCIS regarding the FOIA.



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