Kama Of Kingstone

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.

There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.

what made you think so ?Do you think they are violating the law and allocating more than 7% to other countries?


Spillover means India, china and mexico get more than 7% for one year, dont it?

great idea...but which moron will give u a loan is the million dollar question...
:D


WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.

Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....

Great, wonderful, unbelievable.

I was assured that EB3-I would not move beyond one month until my son turns 18, which is another 17 years.

They moved it 3 months ahead so soon.

Woowwww.. There is a valid reason for them to be "Pleased to announce the cut-off dates..."

Finally just received THAT email. "Current Status: Card production ordered"

PD Sep 2001

EB3 India.

First of all Congrats!!

BTW,what is your 485 RD and processing center??

Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

Sir, are you a US citizen?

I said, No

Then, he asked me, can I see your immigration documents.

I have shown my passport to the police officer.

He looked at H1-B visa and I-94 and asked me; who do you work for?

I said my employer�s name.

Later, he gave me my passport back.

Now,

I have asked the Police Officer few questions

1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

2. What would you have done to me, if I had failed to present my passport?

Police office said, I could have DEPORTED you.

3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

Police office said, No. Technically, you must carry original documents at all times.

I would advice you to carry Passport at all times.

I did not know this until Police Officer told me about this LAW.

P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.

so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.

Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......

i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.

The truth is they already know that there are professors and research scientists who are in limbo. Its just unfortunate that every one has to ride the same boat. We need to call lawmakers to tell them how bad the situation is, contribute so that IV can reach the lawmakers through lobbying. If every one does the above two things, we will reach our goal faster.

Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

But any way it is a waste of time.

Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.

If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.


Relax !

To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.

My lawyer is going to submit the 485 WITHOUT a letter from my current employer. This is going to be a concurrent I-140 and I-485 application (140 and 485 applied together).

I looked at the 485 application form and see that it clearly mentions - page 5, that a letter from the employer is required (mentioning job title, job description and salary). My lawyer still says it is NOT required.

- Are there people who have submitted 485 applications OR who are going to submit the 485 WITHOUT an Employment letter ? Replies/advice greatly appreciated.
Thanks in Advance!

I think it was referenced some where else in this thread , anyways here you go

http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf


Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
under the 1st, the eighth through the fourteenth under the 8th, etc.)

Source please... or are you just kidding ?

Some of you have been concerned about my post regarding the rejection of some applications received on July 2nd. I've been checking and it seems to be true that some cases were sent back that day. Apparently, the number of cases sent back is small, however, so that is good news. And you should have received the case back by now if you're in that group. For everyone else, the way you will likely find that your case is being processed will be if the check is cashed. I would give this a few days and keep checking with the bank to see if the payment has cleared and this will be a lot faster in all likelihood than waiting on a receipt. Obviously, check with your lawyer on this.

By law, you are not suppose to make copies of an official US document.



I am not sure what are you talking about here. Is it illegal to make a copy of the approval notice or driver license? Police may not accept it, but it is not illegal. I received that advice from an attorney when I asked whether I have to carry a GC with me all the time.

http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Family based visa used for FY2009 = 215,343
Family based immigrant visa numbers = 226,000

Unused visa = 10,567
available for employment based visa numbers for FY2010.

*********
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105
Family based immigrant visa numbers = 226,000

Unused visa = ZERO
available for employment based visa numbers for FY2009.


Always go by the facts.


___________________
Not a legal advice.

You rock dude! Am I the only one to remember how visa numbers spill between FB and EB every other year? (or) Am I hallucinating?

As far as I know Pappu is in IN attending a conference which ends tonight. So he may have limited connectivity. I do not know about the other core members (I am not one)

An action to contact USCIS/DeptOfState to explore options to file 485 during retrogression, certainly does hold merit. I am sure you can say that you represent IV.

Just today mine and Spouse cases ( I 485) got approved after RFE ( RFE response reached to USCIS on Sep 30).
Still waiting for my kids approval.

Good luck to each and every one.

Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.

I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.

But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.

Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.

Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.

We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.

Have I made it clear?

I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
I won't be back.
It is true that when you entered the country, passports were not required of Canadian citizens. But you overlook one aspect. Canadian citizens who are visitors to the United States need to leave at the end of 6 months. Any visitor who stays beyond six months is accuring illegal stay. If you came in 2005, either in late 2005 or early 2006 you started to accure illegal stay. This is not a fault of the USCIS, but yours in not finding out about the rule. Also, A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S. Please refer to Canadian Citizens • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/canadians.asp) for more details on your stay.
As for blaming the USCIS for not notifying you earlier, there are a plethora of applications pending before yours, so it will take time for them to look at your application. The additional forms that USCIS has asked you, were forms that you need to have sent when you applied your I-485. These were all suplments you would have found had you looked up the filing instructions. no I-485 can be approved without those forms. It has been law since the early 1990s when the law was made.
And, since you entered the country to marry your fiance, when that did not happen, you should have left and re-applied through another means. If the people you are looking after cannot afford to pay for your adjustment, and pay you only food and board, they are in fact breaking the law by hiring an illegal alien. Room and food is considered pay as far as USCIS is concerned.