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  • meetpravee
    04-04 11:23 PM
    Let us know what you hear from your attorney/friends/forum about this. I am sure a lot of people would be interested in this. I sure am.




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  • eb_retrogession
    01-09 09:56 AM
    The past couple days, I've had this very strange experience. Several of the affected people GREATLY appreciate the efforts being done by ImmigrationVoice and strongly support us (by words). This is all good encouragement. But for monetary contribution, even though the promise is made, they want to take some time to think about it.

    Now, Think about what?? If this was some kind of an ad campaign or a puppet show, I did understand. The bottomline is either we get support from affected folks and stand a chance by involving lobbyist, media etc with full force, OR we just keep busting our butts and no money comes up, and we will be where we are 2 years from now.

    There are some more folks that contributed SOME money and said they are willing to contribute again later. Fair enough. Only issue is we are running against the clock. It would be a pity if we get all the support in the world a little too late.

    My guesstimate is that there are about 350K to 400K people affected by retrogression. As of yesterday, around 50 people have come forward with monetary contribution for the cause. Even though we have done progress by collecting about $8,500, this isn't cutting it. I am hard pressed to understand why affected people prefer to just wait and pray for the best, rather than taking the bull by the horn and try your best.

    In our presentations to the lawmakers, we say, EB workers add so much value to the economy and have so much to contribute to this country. How about contributing something for ourselves for once? then maybe you'll have a chance to do the aforementioned contributions!!

    I hope people don't regret not helping when the window was atleast slightly open, after it has been shut on their faces. Come May/June, election activities take precedence, don't expect anything to happen second half of this year.

    I hope EVERYONE on here understands the importance and significance of acting RIGHT NOW.

    I, for one, can sleep well at night, thinking that I did all I can.

    contribute at www.immigrationVoice.org




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  • ksrk
    08-15 02:10 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om

    Hey Omved,
    If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.

    Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...

    The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.

    I honestly can't think of any other options...can you?

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.




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  • Googler
    02-14 05:22 PM
    Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.

    Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.

    About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.

    Yep, I *love* the "unlikely event" part.



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  • jkays94
    05-17 07:33 PM
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.


    Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc

    Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :

    In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.

    While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :

    Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.

    Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.




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  • Ruta
    07-17 05:25 PM
    D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?



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  • up_guy
    08-10 11:13 PM
    I am looking for recommendations from fellow forum members to choose a right service for my education evaluation. I need to get my Indian engineering degree evaluated (course by course) for an application in MBA school. I know about WES, but they are asking attested copies from university and registrar..
    I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
    Appreciate feedback..




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  • ImmiLosers
    09-30 03:41 PM
    If your last FP was more than 15 months ago, then write to local congressman, that usually works.

    Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...



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  • sundarpn
    08-03 10:23 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)




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  • purgan
    10-14 08:17 PM
    Another recent story on Canadian Skilled Immigration...
    http://www.canada.com/topics/news/national/story.html?id=752a2097-a21f-42d1-b9c4-d15bab949d9f&k=9534


    Geoffrey Scotton, Calgary Herald
    Wednesday, October 11, 2006
    gscotton@theherald.canwest.com


    CALGARY - Alberta and the rest of Canada need to move quickly to boost immigration and take better advantage of skills so many new Canadians bring to their chosen home or risk being left behind in a global race for talent, says the head of Canada's largest bank.

    ''We must significantly increase these efforts and others if Canada is going to have the necessary human resources to compete in today's global economy,'' Royal Bank of Canada president/chief executive Gordon Nixon said to a dinner of the Immigrant Access Fund in Calgary Tuesday evening.

    ''Make no mistake, Canada is in a global war for talent. We must be a destination of choice for skilled immigrants and professionals or we will not succeed ... If we do, we will have a unrivaled advantage. If we don't, we will face an uphill battle just to maintain our quality of life.''

    David Baxter, a demographer and economist with the Vancouver-based Urban Futures Institute Society, agrees with Nixon's analysis, suggesting Canada faces a ''perfect storm'' of demographic labour force pressures. Those factors include a declining birthrate, a massive number of Canadians approaching retirement and relatively fewer Canadians entering the workforce as they reach working age.

    ''You don't need a robust economy to be able to say there's going to be a problem here. We're probably now at the point now that without immigration our labour force stops growing,'' he said. ''This is a long-term issue, let's regularize it. We've got to move away from this talk of temporary (workers).

    ''What I would look for is young, healthy, intelligent, honest energetic people, preferably with an entrepreneurial spirit - and more employee sponsorship.''

    Nixon argued that nowhere is the potential of immigrant expertise and contribution more evident than in Calgary, which is suffering labour shortages across the board, in all industries, from the unskilled worker to the skilled professional.

    ''Calgary is facing a shortfall of as many as 90,000 workers over the next five years ... by 2025 the shortage across the province will be well through 300,000,'' said Nixon. ''Alberta is at the cusp of a trend we're seeing nationwide.''

    Nixon argued that immigration must be viewed by policymakers as a strategic economic development tool that will help to define 21st century Canada. He noted the country has in the past used immigration as a tool of industrial policy, particularly around the settlement and development of the West.

    That kind of approach is needed again, Nixon asserted, as is better utilization of under-employed immigrants already in Canada, a phenomenon that RBC economists has estimated costs Canada $13 billion annually.

    ''We can no longer view immigration as a temporary employment agency,'' said Nixon. ''We need to start looking at immigration as a blueprint for nation-building, and we must find the right balance between social justice and economic need.''

    Baxter believes that Alberta is making the strongest effort of any of the Canadian provinces to attract and efficaciously absorb new Canadians. However, he noted that while immigration policy remains largely the purview of the federal government, questions of professional accreditation and other determinants limiting immigrants' entry into the Canadian workforce rest in provincial hands.

    ''Alberta is at the forefront of this. The provincial government recognizes this (the need for more workers) and so does industry,'' said Baxter, referring to Alberta's Labour Force Strategy, released in July.



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  • immigrationSantosh
    02-06 08:29 PM
    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortious Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.




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  • Suva
    07-23 12:22 PM
    R. Mickels



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  • mammoy2k
    01-14 05:11 PM
    Check out venture fund organizations in your area (such as sdvg.org). Also prominent universities such as Duke/Stanford/UPenn have Startup Challenges (google duke/stanford/wharton startup challenge).

    The first thing you need to do though is to figure out what you want to do and what you are good at. You need to define a field such as biotech, CAD, supply chain etc and network with the people in this segment (www.linkedin.com is one source). But you have to be very careful when you apprach these people. Dont sound impatient and understand that they are busy people. If you are from IIT/MIT dont flaunt it. No one cares.

    Coming to the second point, you may start a company but you need to be willing to give command to someone else, if needed. You may be a super techie but running a business requires different skills (soft skills and business skills). So move out of the CEO chair, if needed. It is here where I see greatest difficulty with Tech people. They get into love of the tech they developed and think that customers would line up for the better mouse trap they built. Unfortunately that rarely happens.

    Disclaimer: a former scientist who moved to business side.

    For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?

    Thanks

    PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.




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  • ASR
    07-08 03:25 PM
    Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..

    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?



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  • Googler
    02-15 12:06 AM
    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.




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  • nortam1
    09-14 06:37 PM
    Same boat here all.
    J Barrett 10:25am Jul 2nd
    No NOTHING received....



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  • bluekayal
    10-19 11:54 AM
    pmpforgc and other Schedule A folks,

    I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
    This is the 485 process according to what I was told:
    The first thing after fingerprint is
    1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
    2. Pre-adjudication (Texas)
    3. Name and family background check (back to FBI)

    based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.

    Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.

    For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.




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  • alterego
    09-14 06:06 PM
    People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:

    1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.

    2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)

    3) These guys have the support of their employers.(they got/took/were allowed time off from work)

    Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
    Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.

    This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.




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  • Blog Feeds
    10-04 11:10 PM
    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.

    �We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)




    485_spouse
    09-25 03:14 PM
    She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
    In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
    Google it.

    Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.




    nixstor
    07-18 09:02 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    Wow! out of 20k, 300 people have signed up for monthly contributions. Here we are thinking about hiring a couple of attorneys for the whole org. Sounds ideal, but there are many reasons why applicants will still have to go with the lawyer, their employer picks.



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