nojoke
03-01 04:00 AM
But as soon as he talks about his senseless economic plans, Investors pull their money out from the Market. Investors don't see a direction with Obama w.r.t solving this mess. Lack of investor confidence has a direct impact on the main street as companies will have to cut their Opex due to shortage of investment. Government can cut capital gains , lower down the taxes and bring more people to invest in the stock market.
If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.
That has been tried for the past 8 years and all it did was create this mess.
Oh yeah, the private enterprises are hiring people left and right. :rolleyes:You must be from alternate universe or wathcing too much faux news.
If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.
That has been tried for the past 8 years and all it did was create this mess.
Oh yeah, the private enterprises are hiring people left and right. :rolleyes:You must be from alternate universe or wathcing too much faux news.
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permfiling
11-27 07:37 PM
You can add additional white paper sheet and mention the section number and details.
chanduv23
09-28 11:25 AM
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
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logiclife
03-09 12:09 AM
Many thanks Abha for your contributions.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
more...
WAIT_FOR_EVER_GC
06-10 12:50 PM
WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
What should we do. I am in tell me what I need to do?
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
What should we do. I am in tell me what I need to do?
svr_76
07-29 11:51 AM
Filing H1 and GC(Perm) are 2 different problems. H1 is temporarily hiring a skilled resource whereas GC is the intent to sponser for permanent immigration. And hence PERM processing is more involved.
Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....
So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.
Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....
So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.
more...
vinod_gvk
09-26 11:58 AM
They Changed and uploaded it around 12.15PM
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ronhira
03-12 12:24 PM
So now only paid people get access to information. Why don't you start contributing now?
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
more...
gcisadawg
12-16 05:50 PM
Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".
Kumar1,
You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...
Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by
1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.
US should be doing all or some of the above if they think H1Bs are NOT needed.
Peace,
GCisaDawg
Kumar1,
You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...
Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by
1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.
US should be doing all or some of the above if they think H1Bs are NOT needed.
Peace,
GCisaDawg
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bayarea07
08-06 07:46 PM
Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
more...
Jaime
09-10 03:05 PM
You are grossly being taken advantage of - You just met an immigrant from a green card lottery country who applied for a green card over the internet and got it, thanks to the lottery. Good for him or her! But this immigrant has very basic schooling and is just now starting to look for a job in whatever. You, on the other hand, had to go through grueling interview processes at your current company and had to overcome many immigration process hurdles such as Labor certification, to prove that no American was available for your job. Even then, your green card is still many years away. Even with your U.S.-earned PhD or MAsters degree...and you may yet be laid off and forced to immediately leave the United States. If only you had been born in Iceland or Botswana or Kenya and won a green card through the USCIS lottery from an internet cafe in Nairobi!!!! No such luck though!
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rajeevkaza
03-17 02:32 PM
My PD is March 2005, filed 485 in July 2007.
more...
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krishmunn
05-23 09:11 PM
Why we dont like gultis ? - eCharcha.Com (http://www.echarcha.com/forum/showthread.php?t=18691)
This link might help you understand the different definitions.
No body ever said you are the only m**on :rolleyes:
Disclaimer : I am not from any South Indian state.
This link might help you understand the different definitions.
No body ever said you are the only m**on :rolleyes:
Disclaimer : I am not from any South Indian state.
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nitlsu
06-12 08:45 AM
Done for me and spouse. We also had ~20 other people in my neighborhood including citizens/GC send this.
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desi3933
02-11 12:30 PM
Looks like Ron is correct. ....
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
Read this
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
and tell us, where do you see 13,000 unused numbers?
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bestia
01-19 03:54 PM
Its a matter of interpretation. Cops are not lawyers and neither am I. Arguing simply makes matters worse. None the less, you can argue as much as you want but if the cop has one on his mind and you have another, it certainly doesn't help your situation.
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.
But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.
When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".
more...
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frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
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grinch
02-15 07:32 AM
Yeah well if you don't want to make it look spiffy, then thats your choice!
I'm working on my entry currently, and it's coming along well, just some basic modeling and texturing, and some decent renders.
Doesn't have to look amazing or whatnot!
And deadline can be altered if you wish.
I'm working on my entry currently, and it's coming along well, just some basic modeling and texturing, and some decent renders.
Doesn't have to look amazing or whatnot!
And deadline can be altered if you wish.
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stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
sriramkalyan
06-10 01:05 PM
I believe passing any law to make Immigrants life easy wont help Politicians in 2010 elections.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.
RaviG
07-05 01:56 PM
Why don't IV put a sticker next to paid member Id? That might inspire people.
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