like_watching_paint_dry
01-19 04:26 PM
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".
LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
"no comprende..."
"put your mouth here and phoo phoo ..."
"no comprende..."
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".
LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
"no comprende..."
"put your mouth here and phoo phoo ..."
"no comprende..."
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tooclose
07-13 09:47 AM
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
cygent
03-23 10:18 PM
How do you know if labor is EB2 or EB3?
Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
Hello all,
How do you determine if the category is EB2 or EB3? How can you find that out from which document?
Thanks!
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greenlight
08-17 04:15 PM
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
more...
nixstor
07-04 09:44 PM
Please stop posting this on every thread. In one line you are just spamming. We all visit Attorney Oh's website often. He does not need any publicity
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
immigration-law.com
07/04/2007: Status and Issues Involving July 2007 485 Fiasco
* The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.
#
# We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:
* Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.
* Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
o Answer I: Obviously it would violate the rules and the laws.
o Answer II: It will constitue a serious security lapse, compromising the homeland security.
* Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
o Answer I: It is evident that the USCIS would violate the rules and the laws.
o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.
days_go_by
11-07 07:55 PM
Hello NJ members,
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
more...
arupkumarsaha
07-28 10:54 AM
its amrit..drink of the gods...so its befitting.
What is next ?
Lord Ganesha on the ad of a cathouse called "Apsaras" , that also befits the taste of gods !
Let me also add that am so fat that people had nicknamed me "ganesh" and I raise objections at every possible reasons whenever the "ganesh" sysmbol is propley misused (like my nickname :-) .
cheers,
Arup
What is next ?
Lord Ganesha on the ad of a cathouse called "Apsaras" , that also befits the taste of gods !
Let me also add that am so fat that people had nicknamed me "ganesh" and I raise objections at every possible reasons whenever the "ganesh" sysmbol is propley misused (like my nickname :-) .
cheers,
Arup
2010 Free Wallpaper Blackberry Onyx
kumar1
12-12 01:46 PM
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
Kavita,
There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.
Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.
more...
serg
07-01 09:46 PM
Who gave that guy the right to ask questions to IV Core rudely ? He is questioning as if he hired IV core for resolving this Crisis and asking for status update.
He/She crossed the line somehow.
Yep, go ahead and ask to delete all newcomers who've been here less then {insert # of days}, or who can't contribute, or just anyone who was waiting for promised update (thanks Pappu for update).
He/She crossed the line somehow.
Yep, go ahead and ask to delete all newcomers who've been here less then {insert # of days}, or who can't contribute, or just anyone who was waiting for promised update (thanks Pappu for update).
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jungalee43
01-22 11:53 AM
Army honors its fallen heroes post-thumously.
Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!
:D :D :D
Without IV; many of us will get GCs post-thumously and thank god they have made address change on line now. We have a tool now to convey them addresses of graves!!!!
:D :D :D
more...
485Mbe4001
09-11 11:58 AM
wow..they resume discussions on sept 18th?
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
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logiclife
01-30 03:56 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.
Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.
more...
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alex99
10-29 07:47 AM
^^^^^^^^^^
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gc_chahiye
12-21 01:04 AM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
correct. out of status != unlawful presence.
So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.
more...
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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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kvrr
01-18 10:24 AM
Hi,
Appreciate your work for IV and thanks for starting the recurring payments. I realize that IV needs funds now. Can you start another thread and mention a goal amount required in the next 1 week. For example, if you think IV needs 10K in the next week, start a thread with that heading. Whoever is willing, will make additional one time contributions apart from their recurring contributions.
Regards
Appreciate your work for IV and thanks for starting the recurring payments. I realize that IV needs funds now. Can you start another thread and mention a goal amount required in the next 1 week. For example, if you think IV needs 10K in the next week, start a thread with that heading. Whoever is willing, will make additional one time contributions apart from their recurring contributions.
Regards
more...
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delhirocks
07-01 10:00 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
What is the alternative?
We all resign to our fate�or try to do whatever little we can
What is the alternative?
We all resign to our fate�or try to do whatever little we can
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dish
07-16 06:22 PM
From now on every year, we should send a copy of I797 (H1B) and our tax records to each and every senator and house representative so that they do not get carried away by the misinterpreted facts presented to them by Lou Dobbs, NumbersUSA, Programmers Guild and FAIRUS.
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GCKaIntezar
01-30 10:51 AM
Waiting for the finalized copy of the flyer. Please post it today, I'll review and re-post for others to comment.
Ajay,
Let me know when do you want to do it? How about this Friday?
Cheers!
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
Ajay,
Let me know when do you want to do it? How about this Friday?
Cheers!
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
Macaca
07-01 11:28 AM
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains
country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.
Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.
rambo45
09-26 02:56 PM
I got a similar reply as above from CNN
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