Kama Of Kingstone

Medical - $450 (self + spouse)
Fedex - $75
Photos - $65
Other (Gas, photocopy, etc) - $50

Total - $640

:(

This is by far the best action item i have seen so far (because it feels like it can be done by administrative change). I Support it 100% .

A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letters and who should we address to...

Yeah, at work, but not actually dong much. Eating a mint Aero and doodling with Photoshop. Eh, it's Friday afternoon, what else am I supposed to do? :)

Ooo, not sure if I should say who I voted for... Oh alright then. I voted for yours.

Close thing between you and Eilsoe, I have to admit. Almost didn't vote because I couldn't decide between them. But I went for yours, it showed more of the actual castle, and had that nice tudor bit in it too.

Good job guys !
Keep it up.


Please read on:

Meeting Notes :
Meeting with Lauren Hole, Field Representative of Rep.George Miller (Concord).

A group from CALIFORNIA Met with Lauren. She was not aware of the EB based GC process. So we updated her on the process and the issues. She patiently listened to us for an hour. She said she would bring it up with her counterparts in Washington, but was not sure if she would be heard on this. When asked what we could do to make us heard, she said " Just continue what you are doing.. Contact your local Congress persons".


Meeting with Luis Quinonez and Pepei Yu, Field Reps at Rep. Barbara Lee ( Oakland).

This meeting went very well, because both of them knew very well what the issues are with the Labor BECs and with the Retrogression. They also knew about all the bills around the immigration. They had gone through the IV web site and also the brochure.

They were very sympathetic to our cause and said "Barbara Lee is on your side. And we understand all your problems and we are with you in asking for these reforms". They gave us some specific action plans:

Get a few people who live in Oakland to write to B.Lee's office stating that :
They live in such and such address (should be within the Oakland congressional district)
Their case details with case number.
That they represent Immigration Voice which has several x number of members who are similarly affected.
State our cause (goals) and request that Rep. Barbara Lee should please consider / vote favorable for our case.
Pepei Yu mentioned that if they get these letters, it gets filed and entered into a database and is seen by the Congresswoman. So, we have to draft the letter and get about 10 �20 people in the Oakland Congressional District to do this. Please get your contacts or friends to do this.

Pepei Yu also educated us that the Congressman / woman can only look into matters of their own Congressional District . It is considered federal felony if they engage in interests of other dicstricts. So she said it is very important that we get people to appeal to the Congress person of their own district. The Congress person they should contact is the one that governs the place where they live (not the place where they work). She suggested that we make a template of the letter and use it across the country replacing our names and the Congresspersons name as appropriate. Both Luis and Pepei stroingly encouraged us to do this across the country and mentioned that this was a sure way of reaching out and making our voice heard.

3. They were very helpful and suggested that we keep in contact with them to monitor these issues. They also offered to let us know when they may have someone from the USCIS or other such Immigration related authorities addressing open forums.

They strongly suggested that we get in touch with Senator Feinstein (they provided a contact) and also get in touch with every congress person in the area (Bay Area) � esp those that are Moderate Democrats. The thinking was that it may be easier to get the moderates over to our view point rather than people who are totally against immigration.

Eb3 will definitely retrogress by about 2 years. Maybe back to June 2002 or 2003.

Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.

I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...

Looks like lot of EB-3 applications who filed 485 at the end of june got LUDs last week, some with RFE and some just soft LUD.

I got LUD on 2/10 for both my 485 and my wife's 485., though no RFE so far.

both fax sent

I have also contacted a lwyer who is different from my company lawyer. She has offered to put my case forward to USCIS (not WOM) for $ 300. She said they have means of bringing the case to their attention if its fallen through the cracks.
Do you think its worth trying ? my only copncern is she wants me to sign a new G28 and Im worried about issues with my existing case since I dont want to mess withh my company lawyer and I think I want to keep him as the attorney on file. Per this new lawyer thats not an issue and they will only be the attorney for inquiry purposes.
Any feedback on if this is worth doing ?

I know Carl Shusterman regularly posts on this forum:
http://britishexpats.com/forum/

Is he aware of IV?

I got my AP approved in approx 50 days. It was filed on 10/14/10 at NSC, mailed supporting documents within 7 days of filing it online and got approval yesterday(12/6/10) without any RFE.

Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks

"Chalo India" :)

There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



______________________
Not a legal advice.
US citizen of Indian origin


You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!

Easygoer,

From your reply, I get that you got your EB2 approved by equating CA to Masters degree. Can you let me know whether your bachelors degree was 3 years or 4 years?

Also, could you let me know which month and year your appeal got cleared?

Thanks a lot for your help.

Thanks for informative posts. and Thanks specifically for addressing the wages question.
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you

we all suffer, waiting for the administration/immigration policies to be humane to us..but honestly they've only gotten worse every year. the only good thing was the july bulletin but that also was becoz of the pressure from the big companies who'd already paid big bucks for immigration/attorney fees.

honestly here or back home no one really cares...we will get old, die tryin' perhaps but its true "might is right" and that is how the US embassy treats us.

You said: "...my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep...I am really getting frustrated ..."

I'd strongly recommend you to seek medical advice for possible anxiety.

That was a good account for those who haven't been to an Infopass. The procedure is near about the same where I usually go too.

I think that the AP info that you got is good...but the serendiptious (!) info of your and your family's NameCheck status bears good info/benefit in the longer term.

As for the 4 months thing, she is right if we go by FBI stat papers and testimonies given over the past few years; but what I find most interesting is that 7 out of the 8 people who I personally know, and who filed with me in June still have their NC pending as of this week. That does not include me whose NC is pending for past 4.5 months (since my info was sent to FBI!).

So the dataset is small but challenging. I am sure there are many like me. Wonder why I find many whose NC is pending in the 4-6 month range and very few (of the 68% - per FBI) whose have got it cleared in the so called 48-72 hours (after the info is sent to FBI) ! :confused:

Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.

Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.

I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.

1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.

Rolrblade,

i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.

ofcourse, just normal rescheduling is absolutely do-able.

i think our friend is trying for Emergency so that wife can get appt in chennai only.