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  • wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]

    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

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  • ksircar
    07-28 03:54 PM
    Ignore it. Even I had the same problem. Goahead and certify.

    I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.

    Dos anyone has any idea?


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  • srinithati
    05-30 12:08 AM
    Done, Left comment too.

    Can we have action item to vote on this poll.

    100000 Votes, will make every body at Washington sit and notice this bill.

    go "100K Votes" Drive.

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  • lazycis
    01-26 07:13 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.

    That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).


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  • paskal
    07-13 11:16 PM
    Hi everyone,
    I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)

    are certain about this?
    the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
    to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.

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  • whitecollarslave
    01-15 02:33 PM
    Can you please share your experience talking with the lawmakers?

    neobtdb, digital2k, mpadapa,
    You are one of the few people who have managed to get one or more lawmakers send a letter to the WhiteHouse. Please share your stories so others can follow.



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  • checklaw
    07-02 04:49 PM
    $1200 (Medical+Photocopying+Photos etc.)
    $700 (Lost wages)

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  • breddy2000
    04-02 05:22 PM
    Sent both faxes


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  • mallu
    11-29 11:38 PM
    If this turns out true, that will be great !!!
    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.

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  • hebbar77
    05-18 01:26 PM
    Me too!

    There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
    Just a thought..
    Especially IIT/IISc are not too bad schools in india!


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  • black_logs
    02-20 08:39 PM
    Mercies.... if your answer is still not answered than please call QGA and find out about us. Before spending so much time writing this post if you had gone to the resources, you would have got some questions answered.

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  • snathan
    06-16 10:32 PM
    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.


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  • rajakannan
    06-28 10:19 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,


    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.

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  • sunty
    12-01 12:19 PM
    Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...

    1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"

    2. Since the spillover also includes Family based to EB, this even more complicates the above issue.

    3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...

    So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(


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  • Green.Tech
    06-27 03:10 PM
    hey guys the main problem with digital cameras was that the images from them could be pixelated whn using a lower megapixel camera and/or printing from one of those home photo printers.

    i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.

    i would say use at least a 4 megapixel camera without any flash

    What about a 3.2 MP :)

    Why shouldn't we use the flash?

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  • xyzgc
    10-28 07:52 PM
    Hi All,

    Sorry to bring this thread back.

    See, what IV few members have written. I found them again in user control panel along with RED dots. I stopped caring about RED dots.

    But, there are some comments that really hurts.

    1. Interpretation issues... 10-23-2008 05:56 PM fuck u
    2. Interpretation issues... 10-23-2008 05:39 PM u got a gc?. take this red bastard!
    3. Interpretation issues... 10-22-2008 05:21 PM get a life dude. I do not beleive in dots but your font hurts my eyes. I can read.

    These are the comments few IV members wrote about my posting while giving a RED dot. Though I stopped caring about RED/Green's

    One must behave like a civilized person. We came here with atleast Bachelors Degree. Some of them with Master Degree / PhD's. Majority of us are educated and know how to behave with people.

    Do you know , how it hurts some one?. Are they doing in Green Card frustration? or Are they doing it wanted?.

    Guys, all those who responded previously to this thread and and backed up fellow IV members, what do you say now?.

    Good Bye for ever guys?.

    dude, let me clarify even without you asking, I gave no red dots to you for your red font. some else did.
    I expressed a dislike for your humongous font and said so openly. This whole system of dotting is flawed but flawed gc process is bigger issue.


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  • pappu
    02-21 02:45 PM
    This is the first time I am hearing about this. If there are more such instances/OP can provide his full details, IV can ask USCIS if this is true.

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  • qualified_trash
    12-13 06:01 PM

    if you have seen my other posts on this subject, you would not have said what you did. I am an IT consultant, and, have in the past received multiple offers for labor sub, but, not taken it as I am comfortable with what I am doing.

    I have also personally known people who used labor sub in companies that are listed on the NASDAQ and are involved in Software development (not one of the mom and pop consulting companies)

    All I was doing by playing the devil's advocate is trying to deflect the heat of the person who started this thread. I will repeat myself once again. I understand that as a practice it borders on being unfair. However, if it is being used by someone legally, to better their own life, we should not come out and attack them.

    Now to answer your question - "Would you do it? If yes why and if no why not". Would I do it? Yes I would if I got an offer from a great company with a well defined career path, good salary and stock and benefits etc.

    Would I do it to go from one consulting company to other by paying someone money for it? NEVER. I hope this answers your question.

    you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.

    it does us no good judging people who we do not know which is what you did with your above statement. I hope better sense will prevail in the future.

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  • drona
    08-27 07:32 PM
    There are thousands of IV members in CA. Please book your tickets now. Yes, it is thousands of miles to DC and on a work day too but as I said we have one chance to voice our concerns. We are not going to get another chance like this anytime soon. It looks like we might have to fly in a few hundred people because DC appears to be sleeping.

    Come on California. Submit your vacation requests now. Book your tickets. Fly on Monday night and fly back on Tuesday night if need be. There are a few people already doing this. Make your contribution. Act now.

    07-10 01:19 PM
    Its already on youtube.. check this

    Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........

    CNN never tell truth no matter what it is...immigration, health care, .....

    12-12 04:34 PM
    isnt a visa number assigned when they apply for 485?

    good point in item 4. When i talk to people from other countries about visa issues and IV they just look at the processing dates for 485 and think that GC will be approved in 6 months.
    I wish that were the case. Unfortunately visa number is allotted only after EVERYTHING else is done and that is why we have to endure additional suffering i.e. even if your case is ready for approval it will remain pending because visa number is unavailable.