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  • tonyHK12
    11-17 10:40 AM
    DREAM Act should actually be called DREAM ON Act... .

    anybody heard Aerosmith 'Dream on'? seems appropriate

    "
    Half my life
    is in books' written pages
    Lived and learned from fools and
    from sages
    You know it's true
    All the things come back to you
    ....
    Sing with me, sing for the year
    Sing for the laughter, sing for the tears
    Sing with me, if it's just for today
    Maybe tomorrow, the good lord will take you away
    ....
    ...
    Dream On Dream On Dream On
    Dream until your dreams come true
    Dream On Dream On Dream On
    Dream until your dream comes through
    Dream On Dream On Dream On
    Dream On Dream On
    Dream On Dream On "




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  • calgirl
    05-25 07:50 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.




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  • ttdam
    11-04 01:52 PM
    Hi

    I got soft LUD on my I-140 today (11/04)
    My I-140 was approved few weeks ago @ TSC

    Any clue what this soft LUD might be related to ?

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    No Finger Prints




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  • logiclife
    08-20 04:33 PM
    Some member has lost the opportunity to file 485 before Aug 17th coz the employer and the lawyer didnt respond and responded after Aug 17th. (How convenient. A lot of employers suddenly found vacation time to take between July 17 and August 17th. Suddenly, between July 17 and Aug 17, the voicemails stopped working and the calls never got returned. Nice. )

    The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576

    This is something for everyone to watch and learn:

    I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.


    The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
    The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.

    I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.

    IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.

    At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.

    Having your own lawyer means:

    1. You pay him, you employ him, he is accountable to you, not your employer.

    2. He/she works in your interest, not the employer's interest.

    3. If your employer is not co-operating, you will know right away.

    4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.

    5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.

    The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.

    Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.

    So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.

    One more thing before you go out and hire your own lawyer:

    After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.



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  • mdipi
    10-21 04:32 PM
    yeah i think so.....

    (by the way,,,,rollerblading is gay! skate for life----->ZYC




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  • SmSm
    05-25 12:35 PM
    Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.



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  • dkupadhyay
    11-24 11:59 AM
    Thanks for your response.


    The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
    What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?




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  • kanaihya
    09-28 03:05 PM
    please don't reply those guys with in-appropriate subject lines ...
    that is very irritating...S**t t*e F**k o*f...

    thanks

    Hello Guys,

    Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

    I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

    Thanks.



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  • GCapplicant
    08-14 02:10 PM
    checked with uscis ...she has mentioned we have to wait 90 days for the great receipt .Thats what shows in their system.

    if receipt takes so much time how about EAD.

    Earlier they mentioned 45 days...now 90 days.No idea.:(




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  • WeShallOvercome
    11-01 02:16 PM
    Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .

    1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?

    2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.

    Need ur views.

    I think you should file where your I-485 is pending.
    I filed my paper-based EAD application last friday and already got receipt number from the cashed check.

    The address I used is:

    USCIS
    Nebraska service center
    PO Box: 87765
    Lincoln, NE
    68501-7765

    If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.



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  • desi3933
    06-22 07:54 AM
    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval?
    Will that one will also be rejected or by attaching the receipt copy will be good enough?

    Expired I-94 is ok, if
    it is expired less than 180 days ago. 245(k) covers this.
    or
    change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002




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  • R009
    09-20 02:55 AM
    I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".

    Is there any way that i can get my H1 extended



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  • diesel
    04-13 03:56 PM
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    http://www.aila.org/content/default.aspx?docid=22101


    What bill is that? Do you have the bill nimber?




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  • FinalGC
    05-15 11:32 AM
    shujaat:

    send your all your transcripts to www.wes.org and ask them to evaluate your transcripts. They will confirm whether your education is equivalent to US Education or not.

    My wife had a BA (3 years) and BEd (1 year) and after the evaluation, they considered it equivalent to a 4 year US degree with Bachelors degree.

    Based on what you said, the lawyer is right, however you can use the EB2 stream using the BS+5 years requirement, rather than the MS requirement.

    Hope that helps



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  • mangelschots
    05-03 02:24 PM
    other than waisting my time (5min) in signing this petition (which by the way is another source of 'compelling stories'), is this bill worth the effort of IV core and IV members to support and follow-up, i.e. is it a good bill for us ? I have not read the bill itself. I am not very familiar with navigating the US legislation system. Do we have any idea what kind of support is out there for this bill ? Is this bill going to solve anything ? It is one thing to mandate fixing the system. The other thing is to actually do it. FBI recently canceled a big IT project that lasted a couple of years and is basically scrapped. Was that system supposed to fix the FBI namecheck backlog but failed ? Even if this bill passes and congress 'mandates' the FBI to fix the system, how long will it take to fix it ? They could spend another 3 years implementing a new system (personally I don't understand why - there is plenty of COTS tools out there to implement a Google-like system). But voting this bill could put a new urgency on the matter and inject new money in the effort.
    Or am I waisting everybody's time on this and does it not pertain to our cause (getting CIR passed) ?




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  • dealsnet
    09-02 02:48 PM
    I didn't judge him. Just want to know, which version is true. He will get advise, after he corrected the true version. Otherwise no use for the answers.
    No use for him to lie here. No body know him.
    Are you his friend ? or another avatar ????

    I don't think he is here to be tried in public by idiots like you. Why is this site full of self righteous punks who reply back to put others down. I saw similar set of replies for a woman who sought help regarding her status for entering the country without passport from Canada (which was legal pre 9/11) and then divorcing the dude she was married to. Some righteous pricks called her names and gave red dots generously.
    Seriously if you don't have constructive advise just keep your mouth shut. Nobody needs you to bring your vigilantism and judgement ion other people. A few too many pricks are the reason a lot of us get turned off of this site.
    The OP needs some advice irrespective of how he got to this situation.



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  • paskal
    10-22 08:58 PM
    a few hours of your time would be invaluable!
    make it a family thing- take the time to enjoy yourself too.
    but please do help out. needhelp! has put a lot of effort into
    this initiative and good will certainly come from it. now your
    help is needed. come on folks- a couple of hours? surely that
    is not too much to ask for........




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  • Singer
    11-22 08:33 AM
    Hello VictimOfGc,

    Thank you for your first reply.
    I gad lost my password and read your previous post only yesterday.

    As you know, the decision of denying my husband's and mine I-485 could not be not appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.
    The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has comited SO many mistakes on my case that I have been told they could let it slide on this one.
    From that moment on I have decided that I will fight them till the end and that I would not pay them one cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I had gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison. This went on for two weeks.

    Friday the 13th we received our green cards!




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  • Leo07
    10-05 03:57 PM
    This definitely improves the legitimacy of IV and should stop at least some naysayers.




    pbojja
    10-13 02:01 PM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0


    This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?

    If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.




    wandmaker
    10-04 11:35 PM
    GOOD. IV will be free from some head ache.:)

    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871



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