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  • knnmbd
    05-03 11:58 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
    The exemption is just to file, the processing will however take what ever the regular processing time would at that point of time. I am sure that there is no provision to expedite the "processing" of I145.




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  • simple1
    05-02 07:43 PM
    got PM with the following quote.

    Looking forward to have access to donar-thread on monday to find out the exact INA language that counts ebdependent in ebquota, that the PM refers to.

    Have a good weekend.

    The lawyer of simple1 is not correct. INA specifically has the language for counting all immigrants (including spouses and children) towards numerical limits, and, we have been working to include provisions to eliminate counting depents towards numerical limits. Doing such extra effort as mentioned in the first post of the thread is not going to be helpful. When there is a bill we should be pushing towards not counting dependents and it is more straightforward. That will take care of the backlog issues to some extent. Admin fixes do not change laws, so admin fix for this is not possible as some suggested




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  • alisa
    09-14 02:29 PM
    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.

    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.




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  • sanju_dba
    07-09 02:07 PM
    Dear Friend:

    Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.




    where is the attachment?

    It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.



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  • narayan_id
    02-25 02:18 PM
    Contributed $100 Receipt ID2626-3858-1037-1208 Thanks




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  • h1techSlave
    07-20 12:43 PM
    If I simplify the whole attitude of IV members; it would be "EB3 is hopeless; EB2 doesn't need any help".

    The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?

    As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.



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  • akhilmahajan
    02-25 03:49 PM
    Thanks a lot everyone.

    Grand Total - $1845

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.




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  • snathan
    02-12 06:31 PM
    So far $1805...come on guys



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  • Sachin_Stock
    09-23 04:43 PM
    If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
    Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
    On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
    Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

    Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.




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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • desi3933
    07-09 02:38 PM
    .....
    Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date.
    ....

    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.




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  • greyhair
    11-18 05:30 AM
    Completed! My wife and I sent the emails. Please tell us when to begin the phone calls.



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  • whiteStallion
    02-18 03:54 PM
    I still dont have access to Donor Forum, I have sent out email to IVCoordinator and Starsun with the transaction/Subscription ID.

    Same for me. What do I need to do to get access to donor forum ?




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  • GC4US
    08-28 01:24 PM
    My I-485, I-140 and I-765 for my wife reached Nebraska on August 17th, exactly the last day, because I was in my home country and came back on August 15th.

    Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.

    Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?

    Good luck to all of you!



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  • walking_dude
    10-08 04:57 PM
    gjoe/and others,

    No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)

    Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.

    Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?

    Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?




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  • kondur_007
    07-28 01:11 PM
    OK. So now we are fighting between EB2-India and EB3-India, are we?
    Before it was ROW and India.
    The Anti-Immgration folks spying on this forum must be havinga good laugh!

    :confused:

    I am sorry if it felt like fight Lasantha.

    The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.

    If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".

    Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
    A strategy that would benefit everyone : may it be EB1, EB2 or EB3.

    This is all about looking forward...

    And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.

    What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.

    I dont know how else to make my point...



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  • lasvegas
    02-05 02:23 PM
    Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?




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  • zoooom
    07-20 11:41 AM
    Friend,

    I have contributed through the link on home page.

    Thanks,
    Shana04
    PLease do not contribute towards this fund as yet..we havent decided a mode of payment yet. We are just counting currently. We will let you guys know about the mode of payment on Monday.




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  • nick
    08-21 06:14 PM
    I485/I765 both for me and my wife Send to TSC on 2nd July and reach there on 5th july 7.00 a.m.
    RN- Waiting
    Check Cash - Waiting




    micofrost
    11-17 05:07 PM
    Done.

    Message sent to:

    Senator Sherrod Brown (D-OH)
    Senator George V. Voinovich (R-OH)
    Representative Patrick J. Tiberi (R-OH 12th)

    I think the Republicans on that list are somewhat supportive anyway.

    The link was pretty nice and easy!!!

    "I-485 Approved : 08/04/2010"




    obviously
    04-21 06:26 AM
    kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

    It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

    Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

    If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
    It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

    Sabre rattling might get you out of this one, but the world still remains a small place!



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