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  • richi121175
    01-17 02:38 PM
    Sent PM... and FYI... I am not a non-contributor as wellPlease send me a message if you have contributed. I don't want to any non-contrbuting members.... The day is not far when IV will have a cease operations due to non-contributing members. !!

    ONE THING IS FOR SURE, EITHER IT'S THIS YEAR OR NEVER ....CHOICE IS YOURS





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  • sanju_dba
    08-10 02:45 PM
    Count me in!





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  • ita
    01-30 10:03 PM
    How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?

    Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?

    Will appreciate your response.

    Thank you.




    Example[/U]

    Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).

    Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.

    He entered on USA using AP in Oct 2008. He is using EAD to work.

    Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.

    If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • gcnotfiledyet
    02-28 02:33 PM
    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D

    Expect huge government control pretty much over everything from now on. Times of big government are back. Government (read leftist like Obama) has seen the result of private investors. Healthcare is a mess, education is below par, social security/medicare is on brink, rich getting richer, poor getting worse etc.

    Obama has totally different philosophy than republicans. Bill clinton said era of big govt were over. But that is about to change. In insurance / pharma sectors govt will wipe off these scumbags. Insurance companies are nothing but taking away profits for no help. There is no reason for them to exist. If you think about insurance general americans are paying 11k for family on average income of 48k. That is tax of 20%. Also add profit taking by insurance companies to increase costs, preventive care totally denied, admins taking decision instead of doctors etc. I would rather pay 10% more taxes to govt than to insurance companies.

    Govt is all ready to wipe off sallie mae. There is no reason for private investors need to provide loans for students. Government should be able to make federal loans and help students. Private investors made loans to students to fund their luxuries during colleges. These essential services critical for a nation should not be used to make profit. Or else it results in what we are seeing today.

    Either way there is no debate that Obama will bring more government in every sector. This will discourage investors to put their money into it. It will also mean higher taxes for average public to use these services. It can mean that country will move in direction of services provided to average Joe rather than corporations making profits. As for investors they can forget to make blind profits from wall street. They will have to fund innovation rather than profit making by abusing law (read housing crisis).



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  • saileshdude
    09-14 03:27 PM
    Hi Abd,

    Can you send me the EVL format that you will prepate to respond to this RFE. You can take out all your personal info but leave the other wording intact. That would really help. You can send it to me via PM if you would like.

    Thanks.


    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....





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  • logiclife
    12-20 07:55 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).

    This is not based on any memo. Its in the immigration and nationality act. That is even better because it wont change without an act of congress. Its rock solid. Memos and field manual can be changed by USCIS and they dont need change in laws. To change or edit 245(k), you need change in laws, which needs an act of congress. So the whole thing is on rock solid grounds.

    The section is 8 USC � 1255 (k). Also known as 245(k).

    Here is how to find the text of 245(k) on USCIS website:

    1. Go to USCIS.gov
    2. Go to "Laws and Regulations" menu item on top menu.
    3. Click on "Immigration and Nationality Act" on the left menu.
    4. Click on the link that says "Immigration and Nationality Act" below the 2 paragraph lecture.
    5. Scroll down to Chapter 5 and go to "Act 245". DONT GO to "Act 245A".
    6. Under Act 245, go to section (k), the lowercase k.

    You will read this :

    (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien's admission.


    Another link is here http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    Go to (k) -lowercase k.



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  • imv116
    04-02 03:59 PM
    I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.

    It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.

    Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.

    They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.

    At the same, contracting, consulting is all about this. When no party likes, they can always let go.

    -the116





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  • newuser
    11-11 10:03 AM
    I received receipt number from USCIS for my letter



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  • pappu
    01-10 12:20 PM
    volunteers to post in those above listed forums or to search forums ?
    volunteers to post in those above listed forums and sites





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  • yabadaba
    07-24 07:51 AM
    Sorry, you are right. I hadn't had my coffee. Sorry for the false alarm.
    can u please delete your post...this is ridiculous



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  • Hermione
    09-27 01:54 PM
    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.

    The name 'ImmigrationVoice' was not mentioned in the article. So, people would not be confused, since they do not know what to be confused about.





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  • vdlrao
    07-18 11:35 PM
    vdlrao,

    I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
    If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.

    The break up of outstanding I485 looks like this

    India :- 64k
    China :- 47K
    Mexico:- 47K

    As per my calculation Eb3 India do not have good outlook.


    you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.



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  • sent
    07-24 04:52 AM
    My Lawyer says there is no need of such letter to be included and filed my papers and confident about getting that approved. I'm much worried and don't know what to do If gets rejected.

    Sent an email to my lawyer again and waiting for his reply.

    Any clue How to handle this?





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  • ak27
    01-03 11:35 AM
    Hello Everyone,
    Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.

    NJ chapter must be largest... Let us make it..

    Thank you..



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  • vandanaverdia
    09-10 04:05 PM
    Very well explained facts!!! Nice...
    I am going to start emailing the same to people I know.....
    Let us all join hands & unite in this cause...





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  • ek_bechara
    04-07 01:49 PM
    Can the admins set up a sticky thread for rumors that CANNOT be edited by anybody but the admins themselves. Some people on this forum have way too much time on their hands with the friends friend nonsense. I'm unsure what kick people get out of coming up with putrid talk.

    BTW, spreading rumors and creating public fear is a federal offense. Before you post your friends friend story, you might want to think this thing through. Based on your rumor if somebody goes through physical or mental harm, the source of information WILL be traced back to you. At that time your ass is somebody's property will NOT sound like a rumor. Get back to work and do something productive.

    If there is any truth to this story then you will see something on murthy.com or other AUTHENTIC immigration portals. If and when that happens, which I highly suspect, we as a community can get together and work through IV and other avenues to address the issue.

    Over and out



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  • sam_hoosier
    01-18 11:09 AM
    Signed up for $20/month.





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  • carbon
    07-24 12:39 PM
    If USCIS could interpret the law to their advantage we can use our resources
    to fight their interpretation and force them to change their policy.

    I also think we can even file a law suite in relation to "incorrect" interpretation
    by USCIS.





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  • americandesi
    12-24 01:46 PM
    Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.

    Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.



    You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351





    ajay
    04-13 10:12 AM
    A very useful piece of information has been brought to our attention by shiankuraaf.
    Thank you very much!

    http://www.dhs.gov/ximgtn/statistics/publications/LPR08.shtm

    Table 6 Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 1999 to 2008

    http://www.dhs.gov/ximgtn/statistics/publications/YrBk04Im.shtm
    Table 4 Immigrants admitted by type and selected class of admission: fiscal years 1986-2004

    Employment-based preferences (Total Number)

    Year QUOTA ISSUED Unused/Excessively used
    1986 140000 56617 83383
    1987 140000 57519 82481
    1988 140000 58727 81273
    1989 140000 57741 82259
    1990 140000 58192 81808
    1991 140000 59525 80475
    1992 140000 116198 23802
    1993 140000 147012 -7012
    1994 140000 123291 16709
    1995 140000 85336 54664
    1996 140000 117499 22501
    1997 140000 90607 49393
    1998 140000 77517 62483
    1999 140000 56678 83322
    2000 140000 106642 33358
    2001 140000 178702 -38702
    2002 140000 173814 -33814
    2003 140000 81727 58273
    2004 140000 155330 -15330
    2005 140000 246877 -106877
    2006 140000 159081 -19081
    2007 140000 162176 -22176
    2008 140000 166511 -26511

    Sum total of the differences from 1986 to 2008: 626,681. Vow!!!

    So when looked between the period of 1986 and 2008,
    there were a total of 626,681 un-used visa numbers that can be re-captured.

    This is based on the BIG assumption that the yearly quota for EB categories is 140,000 from 1986 to 2008.
    Does anybody know how to verify this important assumption online --a link to a gov website perhaps?

    It would be good to verify when the law specifying 140,000 visa numbers per year was passed and
    what were the criteria for visa number usage prior to the existence of the law.
    It is clearly a well prepared format and nobody has brought this kind of helpful information to our group. We would need people like you and I am sure I will also support this if we are aggressively pursuing it. But again as somebody here said in this discussion that we should be careful about the seriousness of the situation being counted by the lawmakers.
    Kudos to you.





    ChainReaction
    08-09 08:17 AM
    I called the 800# today bec the TSC IO told me to check back after45 days and now I was told to wait for 90 days bec of the JulyAug backlog. After I conversed with the IO I told them what if the application is lost , should i be refiling my 485 , since the deadline is Aug17, so she transfered me to her super wiser and he looked for my name in the system and told me there is no update so far and he is placing an inquiry and that will take another 30 days and there is nothing else he can do in regards... And the wait of 30 or 90 days is way passed the Aug17th deadline.

    I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?

    There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?



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