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Thursday, June 23, 2011

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  • drak70
    01-04 11:04 AM
    :cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.

    Some on work visa is ineligible under
    Section 212(a) of the Immigration and Nationality Act reads:
    (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
    (A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible

    IMMIGRANTS GET BETTER DEAL
    http://travel.state.gov/visa/immigrants/types/types_2991.html
    In cases of polygamy, only the first spouse may qualify as a spouse for immigration.





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  • gc_lover
    06-19 03:58 PM
    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D


    Congratulations on your approval!

    Why will you be back when you are ready for citizenship application?
    I don't think you should leave IV just because your 485 is approved and you are going to get the Green Card soon. IV has done lot for us and we should be supporting IV as long as we can.





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  • texcan
    09-10 02:28 PM
    Requirements to change employer when GC is pending:

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.


    One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.

    Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.

    http://www.murthy.com/news/UDac21qa.html#8

    Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP

    No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."





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  • mchundi
    12-13 03:19 PM
    yea this is correct. a member named united nations posted a detailed break down on immigration portal a few months back. This has been implemented by the DOS by suspending the AC21 rule of a variable cap and enforcing a hard cap of 7%. This was mentioned in the november or december 2005 bulletin.

    From my perspective I think its a travesty that when the UCIS and the DOL has classified some of us as "exceptional" aliens, we can still not adjust our status because we were born in India or China while Mexicans with the same qualifications can. If the country limit is to avoid monopolization of numbers and enhance diversity...all categories for Mexico should be "U"

    ---post from immigration portal

    indian_gc_ocean
    Registered User Join Date: Jul 2006
    Posts: 194

    The following is from November 2005 visa bulletin published October 2005.

    "During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap."

    Well, now I realized it is not DOS but again its me who was not upto date with the trend. This means that India cannot go beyond its 7% using unused visas. In the same bulletin there is something that indicated that it allocated too many visas to India in the past. Most likely DOS does not take any action until ROW eb3, eb2 and eb1 are current. Now I have also understood why the perm is necessary at the this time for row. Perm helps row move faster thatway in the loooooong run helping India when all the row is current.

    There will not be any spillover to any India categories in the near future. This is the reason why India eb2 went unavailable. EB1 will soon follow the case. Eventhough eb3 moves, it was like unavailable for a long time. 1400 greencards a year in each category (excluding spouses from this ordeal) is hardly enough for India. I doubt there would be any encouraging direction in future as India had consumed too many visas in the past years. This is sort of balancing act as far as DOS is concerned. Only a change of heart can save India.

    This is really bad for India as most of the people applied for 485 after spending nearly many years in BEC (that itself a retrogression). With Philly clearing non-rir 2001 eb2 labors, can't wait to see october's eb2 retrogression dates.

    I wouldn't care about where the overflow/spillover goes as it is not for India.

    Atlast, the email from murthy.com about eb2 visas going unavailable did not surprise me. My parents named me right and I am an enlightened person now.

    In the past it is not just where u came from but also where u r that determined ur fate. People living under some fast processing centers like illinois got their G.C very fast. Most of the 50k (Indians) odd G.C's in Employment category were with PD in 2003/2004.
    Most of the guys back west in C.A and other slow states lost those 2001 PD when their Labors went nowhere and most changed jobs in 2002 due to the tech bubble.
    USCIS has a strange way of dispensing justice. Suspending rules whenever they mess up. I would not be surprised if they wasted another 10-20k VISA numbers in the last year.
    --MC



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  • gc_check
    06-27 08:17 AM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??

    Dude, From your previous posts looks like you have already filed and got your receipt notice.

    http://immigrationvoice.org/forum/showthread.php?p=87755#post87755
    http://immigrationvoice.org/forum/showthread.php?p=80880#post80880

    Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.

    What is goin on with you ?





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  • software7
    04-09 02:05 PM
    I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.

    In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.

    There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).

    They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
    Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.

    Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
    (This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).

    Till date I did not get any communcication from USCIS. 2 months have been passed.

    Please advice me on this issue



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  • sunny1000
    02-27 07:22 PM
    Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.

    I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.

    It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).

    But, I agree that the requests by the original poster should not be a part of IV's letter campaign.





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  • mnq1979
    08-22 10:18 AM
    I wonder what is this article all about !!! pls. post the text here so that we can read it !!!!!:)



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  • arunkotte
    07-19 10:00 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.


    May not be enitrely true. Medical report is part of the initial evidence now, so its better to send it with 485 application instead of relying on RFE. Also your wife is already in home country, she can get all the shots required there. best option is for her to prepone her travel if possible. yet another option is for you to go ahead and file yours first and add her later. Please check with your attorny about all these options.





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  • lnahan
    06-05 01:55 PM
    Action item: let's beg USCIS to work slower and waste as much quota as possible.


    Ron,
    "
    E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
    Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
    "
    How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????

    I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]

    Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.

    Well, if they do broke the law, can we do something about it? Like class action law suite???

    Let's see if they did, first.



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  • Atpugkeviv
    12-14 12:31 PM
    The status on USCIS site chagned from initial receipt to approved and sent after about 105 days of receipt notice. I hope I recieve it next few days. I had applied to Dallas lock box - paper application.





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  • abqguy
    07-13 05:04 PM
    Congratulations and you are a VERY generous man!! Hope this will motivate several of us to contribute to the cause.



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  • kevinkris
    01-28 12:53 AM
    Sorry all, i couldn't find video in english. But the video says it all.
    Chip locks which are normally used against terrorists and criminals are used
    on students of tri valley univeristy.

    It's a human rights, privacy issue at it's peak..

    It's heart breaking to see like this..

    There may be scam from students, university but it's also problem from consulate, USCIS etc.
    This is ridiculous..

    YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)





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  • spindoctor
    07-19 06:36 PM
    "Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).

    Hmm. That looks like the solution to my problem. So If my GC is approved in a month, I go to India myself, get my wife's consular processing done through follow to join route and bring her back together. (Assuming follow to join process takes just a couple of months). If my GC is still pending, then I go to India and bring my wife on a visitor visa, and then apply her I-485 in US.

    So the basic message you seem to be giving is that just because my GC is approved, it does not close doors for my wife. She still has 6 months to get going. Right?



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  • harish
    11-29 07:55 PM
    I'm wondering where did you get this information?


    From here.... http://www.ilw.com/immigdaily/





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  • mpadapa
    02-11 11:21 AM
    arnab221, I greatly respect your opinion. Here is the primary assumption from the famous thread EB2 will be current in a year (http://immigrationvoice.org/forum/showthread.php?t=20185).

    I presume EB2 India will be current by next October. Till now for EB2 India there are only 1/3 of 7% of 140K visas which are 3,266. Due to the new change of horizontal fall outs EB2 India exclusively getting about 32k visas, very little share to china. So this change making an availability of about 30k aditional visas to EB2 India along with regular 3,266. So total About 32K visas for EB2 India. This includes unused Family Visa Numbers as well. So from now on EB2 India getting almost 10 times more visas.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.

    From the DOS data we know EB2-I got only 14,819 instead of 32K assumed in the above quote. We all hope things would be better but reality seems to be different.


    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,



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  • gbarquero
    08-31 09:44 PM
    I've called several members and I am dispointed of them just saying "no.... I can't..."
    But they all have time to be in the forums everyday asking for help, asking questions about dates, receipts, etc. It just doesn't make any sense that they have the chance to do something about it, they don't have "enough time for it"
    But I am sure, they all complaint about how long is taking and all the money they have to invest on attorneys.





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  • webm
    12-25 11:07 AM
    My PD is Oct 1, 2001





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  • dummgelauft
    11-03 12:32 PM
    I actually stopped crying about it but I definitely think USCIS should send us Candy coupons to make up for the wait. :p

    En tout pays, il y a une lieue de mauvais chemin....Nous devons Le mieux est l'ennemi de bien.





    nrk
    10-26 09:06 PM
    I wanted to find about pre approved or pre adjudicated case, We have been hearing the same more often in the forum, so out of curiosity i opened a Service Request.

    I kind of have a good relation ship with the former employer, worked with them for 4 years. I just called my company HR and he said he does not know my name is on withdrawn list but he will check the list and let me know tomorrow.

    Is it just out of curiosity you inquired about your pending 485?

    Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your I-140...in any case that should not matter as long as you have passed the 6 months period after applying I-485.





    syzygy
    07-10 09:34 AM
    Loo can be used as platform to expose false media. I think there are lot of media groups which do not get enough funding from politicans and they will make news about our issue to get their ranking higher. And above all our friendly Fox, MSNBC. CNN will soon kick Loo

    The idea is - use this guy and expose media that gives false news or that supresses real issues and force those types of media to bring our issue to limelight.

    I have heard all media saying "We are immigrant nation", "we need skilled immigrants", "'We are not racist", etc.. then again the same media says "Immigrants are overstaying visas", "There is quota, we cannot do anything", same media has supressed microsoft's news about the Canada development center just because it involved immigration.

    I am of a strong opinion that media is controlled by politicians, the reporters who said they will cover the flower campaign - chances are that their bosses may ask them not to or give them another assignment ???



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