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  • nomi
    09-29 12:28 PM
    Can you post the link to the automatic revalidation law link?

    I want to take the print


    Here is the Law

    http://travel.state.gov/visa/laws/te...ams_1441.html#





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  • tikka
    07-04 09:11 AM
    Originally Posted by Macaca ( add ons from forum in red)
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened
    � USCIS announced at the time the forms were due.
    � Applicants started filling forms 2-3 weeks before July 2.
    � Applicants changed their schedules to submit forms.
    Advantages of EAD + AP
    Don't know all!
    � Travel without visa -> saves Embassy overhead.
    � Spouse can work.
    � Can switch job.
    Why does it hurt
    � Medical will not be valid after 1 year.
    � Rejected June filers can not file.
    � June filers did not file because they thought they will file in July.
    � Fees more then doubling
    � Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    � Load balancing for USCIS.
    � USCIS which is supported 90% by application fee needs to care for applicants.
    � Very little chance of legislative relief for a looong time.

    � Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

    � Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt
     Age out situations with children
     Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again

    Hope the info clarifies the "age out" situation!
     For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can exercise the freedom to get out of the house and contribute to the American economy.





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  • conchshell
    05-29 03:14 PM
    I guess all the euphoria we had last year because of EB1 spill over is coming to an end. People who play by rule and wait suffer the most, while people who are always on the look to find "innovative ways" get their GC faster. I remember, one of my friend who did a labor substitution got his GC many years before. But at the same time, he took the risk of joining a consulting firm, while I was more inclined to remain under the so called safety net of a big incorporation. I guess the more risk you take, more rewards you get (and sometimes get completely screwed too!!)

    However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.

    But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.

    Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.

    My 2 cents.





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  • Jerrome
    09-15 12:47 PM
    How did you say that are Only EB2+ EB3?

    What else is there? EB1 does not have labor right..Does EB4 & EB5 has labor process.



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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





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  • amitjoey
    07-03 05:47 PM
    http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
    JURIST@law.pitt.edu



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  • nixstor
    09-23 02:17 PM
    Please keep sending those emails. IV is nothing but I + WE

    Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.

    None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.

    The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.

    As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.

    Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.

    If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.





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  • nojoke
    12-11 12:32 PM
    The focus is shifting from housing to economy and jobs. With 500,000+ applying jobless claims in a week is horrific. People will soon be thinking 'can we send 10+ million illegal immigrants and 1+ million legal immigrants back home to get jobs for local people'. I find it would be tough now to sell the idea that immigrants can save the economy by buying house. If some bright politician gets the idea 'why not send the immigrants home and create jobs' we all will be in trouble. :(



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  • gman
    08-03 09:21 PM
    I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?

    Thanks,





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  • gc2005
    05-25 12:01 PM
    We are thinking about applying for canadian PR. Should we include our son (US citizen) in the application? or do US citizens get to reside in Canada without visa?
    Also, currently my company is processing my GC, will this be affected if we apply for canadian PR?



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  • test101
    07-04 10:33 AM
    I have more emial addresses if you want them.....

    2020@abc.com
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  • okuzmin
    09-30 04:36 AM
    In addition to the written above, you must stay in Canada for at least 2 years out of 5 in order to keep your PR status.

    http://www.cic.gc.ca/english/pub/imm-law.html , "Permanent residents" section



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  • suresh73
    04-20 10:12 AM
    I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

    Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

    Thank you.





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  • sk2006
    08-15 07:14 PM
    I completely agree with you that we should never forget our roots or our motherland. India is far better than US when it comes to family values and many other things. However, this story has nothing to do about standing up for our own country/motherland. Every person who has a common name with terrorist names has had troubles at POE since 9/11. So who cares if he is SRK or anyone for that matter. When Colin Powell was the chief of security under Bush administration he had to go through airport security just like any other common person. The TSA here in US treats everyone the same. Do you think ministers or celebrities in India follow any security procedures ? Every now and then you hear of ministers and celebrities involved in smuggling scandals.
    There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.

    I think this is a very good post.
    To add to this:
    This incident has nothing to do with India. It just happened that SRK was from India.
    After 9/11 we all know security measures are tight and rightly so.

    For them it does not matter if it is
    1. SR Khan who works in movies or
    2. XYZ Khan who is a computer programmer or a cab driver.

    If the name flashes in the computers they do the required checks.

    Do you feel people with Muslim sounding names are targeted more?
    No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.



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  • bfadlia
    02-16 02:53 PM
    I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.

    We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.

    I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..


    man.. u can click on a user and see all the posts he sent, so good luck
    i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
    u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u





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  • Amma
    08-15 01:31 PM
    Why so much ruckus for SRK ?. After all he is a actor in India. So many actors are having connections with Dawood Ibrahim. So , nothing wrong for extra questioning.


    But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.

    This is the difference between us and US



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  • snathan
    03-30 04:03 PM
    Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.

    Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?

    Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.





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  • Legal
    07-03 10:41 PM
    documentation >to <verifying no US citizen worker was available for a given job) -
    should have been documentation verifying





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  • TeddyKoochu
    09-24 12:15 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.





    nixstor
    07-03 11:55 PM
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!

    Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories





    ita
    03-30 01:08 AM
    Snathan,Arkbird

    Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.

    Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.

    All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.

    MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
    I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.