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  • EkAurAaya
    07-17 09:58 AM
    Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...

    Heres the background...

    Primary:
    EB3 Feb 2003 PD
    i140 Approved
    i485 files June 2007

    for both wife and me...
    EAD/AP - approved Sept 2007
    EAD extension received June 2008 (1 year)
    AP extension pending
    (we have not used EAD/AP yet - we both are on H1b)

    Derivative:
    EB2 April 2004 PD
    i140 Approved
    Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)

    Question:
    Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?

    Thanks in advance!





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  • smuggymba
    01-15 03:24 PM
    I trust the talent of desi dallas, they will come up with a way to circumvent this:D

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:

    I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.

    More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?

    cinqsit





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  • gc_wow
    08-15 10:29 PM
    Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.





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  • pointlesswait
    09-29 02:50 PM
    like i had said in my earlier posts...this is retarded idea..to begin with...and still is..

    cause...if anyone is even dreaming of buying a house thinking the home values are down ..think again..no matter how good ur credit rating is..you will have to pay high interest...and no one in their right mind will say that the home values have bottomed out..it will continue to fall ...




    First of all for presuming that highly skilled immigrants who are waiting for GC are the only ones who can buy a house. Even 10 illegal aliens can come together and buy a house and share the mortgage.

    Then, the economy is in it's cycle, it will pick up without more house buying. The issue is banks not lending to BUSINESSES not mortgages.

    Most imporant, the proposal is same as saying "Sell me a GC". Ya, sure, that will pass the House and Senate.

    Remember, nothing stops you from buying a house right now!!



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  • soma
    02-12 10:52 PM
    how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.





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  • lalithkx
    07-15 06:04 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers



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  • andy garcia
    02-15 12:27 PM
    when did you check?

    I checked 10 min. ago it looks COOL;)





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  • gude.ravi
    11-06 10:04 AM
    Jim Cramer likes the idea of Immigrants buying the homes as incentive for green card. He thinks most of immigrants would work 6th, 7th job to pay mortgage. Everything about an economy is Psychology and behavior of people.
    Dont ask me who Jim Cramer is.



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  • rahulpaper
    06-27 01:23 PM
    I am in same boat of HR and company Lawyer (with no control over submission date).
    God willing� soon we will all receive a receipt number for I485. There are some calculated risks which are unavoidable.

    BTW thanks to you and core team for persistently working for EB community.





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  • mariusp
    03-28 12:52 PM
    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

    I spoke to two immigration attorneys about how this may affect pending I-140 cases with the USCIS and this is the reply I received:

    Response 1:

    I am aware of the proposed rule (and the DOL link you sent me). But this applies only to pending labor certification applications and to approved labor certification applications not yet filed with USCIS. Neither one of these situations applies in your case. Of course the elimination of substitution is a proposed rule only and no one can tell exactly if and when and how the final rule will come out.


    Response 2:

    Highly unlikely that this change would affect a case that was already filed.


    Just to be safe I will request to convert to PP.



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  • garybanz
    12-14 04:33 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    It's not a question of majority or minority. It's a question of what is fair and what is not (from each person's point of view). An employee joined in my company, 2 years Jr to me, he is learning most of his work from me, he applied for GC much after me....but guess what he already got it and I am stuck in the limbo! Would you like it if the tables were turned?





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  • GC_sufferer
    07-03 09:27 PM
    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.



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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.





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  • kate123
    09-25 07:14 PM
    Here is the link:
    Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)

    Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830

    Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.



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  • we_r_d_world
    07-30 02:08 AM
    Here is the story (in a free book format) of a big Shot (I believe he was emerald ) who went broke while doing amway (MUST READ BEFORE DOING AMWAY)

    http://www.transgallaxys.com/~emerald/files/MerchantsOfDeception.pdf

    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!

    @Kaushal,
    I read theis book (Thanks Bayarea07) took me 2 days to complete.......Very touching, mindblowing. Got lot of lingo out of the book...
    Please read it...it has "negative" in it, lot of "lazy" people in there......
    Wakeup...don't ruin your family's future for few dollars. Spend time with your family and Enjoy with your family...... Please.!!!

    Give me Red, see if I care!!!





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  • innervoice
    09-24 12:47 PM
    I'm on H1 and I also bought a house 2 year ago, though would like to sell my house , it's a great idea as I can sell my house easily if that strategy worked out. Then I can buy a house again in order get a GC quickly. ;)

    Great Idea! I do support.



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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.





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  • patfanboston
    05-12 01:22 PM
    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.





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  • sachug22
    09-17 11:06 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.

    Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.





    mantric
    12-14 01:46 PM
    many of the immigration laws that are affecting us were put in place way before the IT boom that brought most of us here. people are right that the intention behind them is not malicious. but a law set in the 1960s may turn out to have a discriminatory effect in the 2000s. circumstances change and we live in the present not in the past.

    lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
    http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
    http://en.wikipedia.org/wiki/Due_process_clause

    "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.

    the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.

    mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.

    are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?

    is'nt the EB community being deprived of liberty ? has the EB community received due process ?

    the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.

    before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.

    agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.

    some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.





    garybanz
    12-14 02:01 PM
    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.



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