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  • adibhatla
    06-24 03:54 PM
    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.





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  • veni001
    06-07 12:41 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • bidhanc
    03-22 09:14 AM
    All NY members - New York City, upstate ... please join this mailing list

    IV-NY (http://groups.yahoo.com/group/immigrationvoiceny)

    As the first step, please update your contact information.
    Thanks,
    Chandrakanth
    Hi,
    I have added myself under the name boss_bid.





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  • bobyal
    05-12 09:03 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.



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  • prabasiodia
    08-09 05:24 PM
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.





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  • wahwah
    06-05 12:46 PM
    (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.



    According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.

    Now it appears, they would require an approved 140.



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  • raydhan
    04-01 04:31 PM
    Sent Fax# 10





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  • GCapplicant
    07-07 06:17 PM
    Its now airing channel 4



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  • seratbabu
    02-18 11:50 PM
    [QUOTE=

    question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
    question 2) did both you and your spouses I485 cases receive RFE?
    question 3) did both you and your spouses case have an LUD after RFE?

    have you guys received the RFE notices and if yes, what is USCIS asking

    [/QUOTE]

    My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.

    My 485 Current Status: This case is now pending at the office to which it was transferred.
    My Wife's 485 Current Status: Request for Additional Evidence Sent

    Does it come to me or to my attorney?

    Thanks..





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  • GCNirvana007
    03-26 03:43 PM
    :rolleyes:

    Went for DL renewal , nothing asked literally, extended for 6 yrs.

    Got to find some positive out of living :p



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  • we_can
    05-30 09:23 AM
    Voted and Commented





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  • ragz4u
    02-21 01:10 PM
    Her story is here (http://www.c-n.com/apps/pbcs.dll/article?AID=/20060205/NEWS/602050356)



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  • 485Mbe4001
    12-13 06:00 PM
    i agree...you bet i would accept substituted labor, heck i would even bid for one if it it was legal to do so. to each his own, i would do anything to get out of the hell hole legally...talk to your lawyer and go for it, it will save you a lots of time and headache. Make sure its all legal and the documentation is in order. there is nothing to hush up, thousands have done this and are doing it. People like me will feel bad and jump up and down, simply because we did not get that chance to do the same..good luck.

    gmatch,

    speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.

    just my 2 cents.





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  • JA1HIND
    01-27 01:00 PM
    Thanks lazysis.... your confidence is boosting my confidence too :-)

    JaiHind....would you mind briefing me on your casez? why did ur employer charge 7K from you? did u also sign similar contract?

    After reading all the great posts on this thread and their experiences, it hurts me why in the world did I even pay my old employer 7K...(I wish, to do something thing like this and check with great experts opinions like how you did on your case....) and could have saved 7K:mad:

    here is my experience and for sure you all would agree by not paying 7k to this 2nd employer "sky wouldn't have fell down"....:

    In 2003, I joined my 2nd employer (Indian Consulting) since I came to US in year 2001. At the time of joining this employer made me sign all kinds of contract and one of the contact that I signed was to pay (50-50%) for GC processing and if left the company before GC is approved I have to pay the remaining 50% and contract was something like this "if Employee were to leave the company’s employment prior to GC approval, employee hereby agrees to refund all expenses includes attorney, processing fees etc., to the Company with 30 day's......."

    Here is my GC experience: I provided all the information that my 2nd employer/attorney requested in order to file my GC and after 6 months on my follow-up on where they are with GC process they told me to provide additional paper work due to which they could not start my GC processing "6 months wasted here" (since I am idiot) and should have realized this employer is a useless/fraud one and didn't learn my lesson in my 2nd attempt of GC processing with this 2nd employer (something similar happened to me with earlier employer (Indian consulting) & by the time I realized it was already 2 years wasted down the road and they haven't started my GC, I got irritated & left my 1st employer "2 years wasted 2001-2003).. I could have left little early but they had close to 40K of my overflow money with them which I was able to extract at the time of my wedding excuse....thank god!!

    Now after providing other documents that he requested papers and then after then every month I used to follow-up but after another 6 months I know there was no progress and this employer is just carries about money and one day I asked him if they have any intentions of applying for my GC or would like to continue on playing around this catch up game for ever and finally they gave me attorney contact number & work directly with him...this attorney is another JOKER (Indian guy with a fake American accent). This attorney thinks he is Mr.George Bush-2, I could never talk to him directly & his assistant used to put me on to his voice mail every time when I called & later he used to mail with response...

    By now I have already paid my 3.5K (that was forcibly deducted from my paycheck in addition to thei 60% of hourly pay cut) and almost 23 months gone down the road and asked if they filed my GC that was end of year 2004 and guess what.... they don't have receipt number at that time too...and right then I gave my 2 weeks notice and in advance I applied to another known consulting company H1 transfer (this is my current employer who is good and no complaints). The minute I gave my resignation, I was still working at the client using new H1 and happen to know that this 2nd employer was enjoying 60% of my hourly billing rate and when I gave my resignation they HR was bargaining me for increase in my pay by 50 CENTS/hour (can you guys believe this and its true they did that to me "50cents") and non of their great offers worked on my end and!! I left the company once I got approval from new employer and next day they sent me a notice to pay remaining 3.5K followed with legal action notice that will be taken if not paid in 30 days of time frame else they will give information to collection agencies...) Since they mentioned about "collection" agencies I decided to pay the remaining amount else as you all know these collections agencies can also ruin "credit history"...& thought its not worth dealing with credit history.

    Summary of my GC experience: wasted 4 years of valuable time (2001-2004) & most important paid 7K for GC in first place process didn't even start at all....isn't that a JOKE!!

    my 3rd employer filed for my GC in MAY 2005 in EB2 (TSC), received EAD/AP, I am very happy with this employer and treats their consultants very professional and helps if & when needed.

    JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???....any comments, suggestions are greatly appreciated!!
    THE END!!



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  • Meenal
    06-17 12:30 PM
    Thanks Snathan!





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  • priderock
    09-19 03:30 PM
    No one can expect the result on the second day after the rally. And I get RED for stating the obvious :(



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  • webm
    06-05 11:17 AM
    What is the effectivity date of this memo?
    May 30th or June 1st?

    See this..from immigration-law.com

    However, the release of this new supplemental AC-21 probably implies that the rule-making agenda may be pushed off and may not be enacted this year. Please stay tuned.





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  • desi3933
    07-19 04:55 PM
    Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.

    I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.

    It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.

    Incorrect.

    Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.

    I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.

    I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).

    Please confirm with your lawyer and get your info right.


    ______________________
    Not a legal advice.





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  • Jimi_Hendrix
    06-26 02:08 PM
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)





    aachoo
    02-14 12:34 PM
    Did you change company? or filed AC-21.

    My PD is also close to yours and transfer is TSC-CSC-NSC

    I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status

    No company changes, AC21 or anything out of the ordinary.
    -a





    O'podu
    07-10 10:57 AM
    People who saw the program yesterday... rather than ranting here please go and post a factually correct comment on CNN. If CNN receives the same number of comments as the number of posts on this thread it will be 100 times more effective use of time.

    http://www.cnn.com/feedback/forms/form5.html?76

    i have used this link to express my anger and frustration.
    GOD is watching !
    but we cannot just not keep watching.



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