jr8rdt
01-07 03:50 PM
looks like many people in this thread are planning to travel using AP. Just curious: are you all currently using EAD? I heard that once you enter using AP your H1 is no longer valid and you must use EAD though you are still working for the same company.
little bit off topic....
little bit off topic....
wallpaper Photo: Solar eclipse
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
DDLMODES
07-06 10:47 AM
Hello DDL/DML,
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
Isn't that the whole idea behind this discussion ?
Otherwise, why would you point out that the process is broken when something good happens and they work faster ?
You are questioning that they used up all the visas so they can make all categories available.
Anti-immigrant I called you because you are using arguments that ONLY hurt us.
Please dont say anything against anyone without understanding the point.
Who the hell gave you the right to twist my statement and personally attacking me as "anti immigrant" ?? Where i have said that reversal of 20 K GC will help us ??
My simple point is the whole USCIS process is broken and that needs to be improved and rationalized . Now you/me/an immigrant can't initiate that process. The push has to come from influential CITIZENS who we call Senators , Congress Man/Women, House Representatives and so on so forth.
For them to take a step they need push from american peoples. You know why CIR has failed - the senator phone lines were jammed , Talk radio was blasting Bush , Kennedy for doing behind the door deals.. that's why...
Your/my opinion never stalled CIR - its american citizens who stalled it.
Unless citizens see a good reason to overhaul USCIS process where the push would come from ??
You want them to be accountable for the fast approval of the GC in June/July which means they need to revert the decision and give visas back.
Isn't that the whole idea behind this discussion ?
Otherwise, why would you point out that the process is broken when something good happens and they work faster ?
You are questioning that they used up all the visas so they can make all categories available.
Anti-immigrant I called you because you are using arguments that ONLY hurt us.
2011 solar eclipse from space
reddog
03-12 03:09 PM
reddog, please explain how you have supported IV in the past in non-monetary ways. For lobbying, there is not much you can do other than support monetarily,or make trips to DC yourself.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
no, i am not going to switch to defensive mode. this is not about me.
I am sure IV core will at least consider such non-monetary support on case-by-case basis.
no, i am not going to switch to defensive mode. this is not about me.
more...
SouthSky
06-02 12:50 PM
My PD EB3 01/15/2005
Applied I140 PP 05/18/2007
Approved I140 05/23/2007
Man I am screwed
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
Applied I140 PP 05/18/2007
Approved I140 05/23/2007
Man I am screwed
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
seahawks
07-06 01:59 AM
Why does the line on top of this page say
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.
more...
chaukas
03-17 01:12 PM
BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.
2010 A solar eclipse occurs when
sbindval
07-06 11:31 AM
As the saying goes..."Justice delayed is Justice Denied"
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.
We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.
Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.
Please pull your swords to fight the injustice rather than fight with each other.
PEACE!
Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.
bottom line - Do we really add value to the society here?
convince the people and this will be the ONLY solution to our problems.
My brothers in blood, please calm down� Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same �Justice and Freedom�.
We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.
Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.
Please pull your swords to fight the injustice rather than fight with each other.
PEACE!
more...
GCBy3000
03-10 12:02 PM
http://www.shusterman.com/pdf/specterbill30906.pdf
hair total solar eclipse at
geevikram
06-10 08:50 AM
IF you've not called already, the visa bulletin is probably a very good reason for you to call :
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
http://immigrationvoice.org/forum/showthread.php?t=19387
-V
more...
Bhanu
09-14 12:59 PM
Order Details - Sep 14, 2007 12:21 PM CDT
Google Order #143895982951884
Google Order #143895982951884
hot A Total Solar Eclipse From
willwin
09-12 10:49 AM
Let us continue a debate on
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
a) Pros of this idea
b) Cons of this idea
c) Alternative we might have.
Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
Please limit to those ideas that are executable and within the bounds of law.
In my opinion, we should do this:
Just send two information to USCIS, DOS, President, VP, First Lady and all Congress person of the following:
1. 1st info should have a photocopy of our degree certificate(s). On the same page, print your expereince in years and total tax paid till date to the US government.
2. On a fresh page, type in all the H1B/L VISA approval information and type in bold, we were wanted/invited here legally (and admitted via H1/L).
And, mention that our I140 is approved which means the immigration department has validated our eligibility to become PR.
Ask a question (larger font) on the same page, why keep us on limbo?
This would keep the whole thing short and sweet. We are explicitly saying that we are legals. And we were invited here - legally. We are approved by immigration team to be a PR.
If we could send couple of thousands of letters, I am sure it would have impact as much as any other letter we have in mind.
We are not humiliating them, we are just expressing our frustrations but in mass. May be we can say something like, "Legal Techie slaves in the land of liberty" or "Immigration process that enslave Legal Techies". But, we should keep it short.
As always, ignore this idea if you guys dont like it.
more...
house Map of total solar eclipse on
dhirajgrover
01-14 12:11 PM
There are 2 options in my opinion.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
1. Secure an appointment with the local ASC and have them expedite this case if you want to travel early. They may require some supporting documents. The appointment can be made via Infopass at http://infopass.uscis.gov/index.php
2. Call USCIS at the number on your receipt notice. Select a series of numbers as per the prompts to talk to a Service Rep. Tell them your urgency to travel and they will expedite your case. It will take 5 business days from the date the request gets expedited to get a response back from USCIS.
HTH.
tattoo Solar eclipse of July 22
485Mbe4001
01-04 01:13 PM
We have meetings every thursday at 7pm, you can join in if you want, i am from irvine too. i can send you the details let me know, if you and roktamurty are interested.
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
more...
pictures Recreating Solar Eclipse in
akhilmahajan
07-16 11:29 AM
Admins
is it possible to send an email, probably daily once to all members about High Five ?
I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
Just a thought to increase the momentum. This is a great initiative indeed in this tough economy
By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000
Satya
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
is it possible to send an email, probably daily once to all members about High Five ?
I feel that most of the members are not aware at this time. Usually when ever something is happening live at senate or congress, more members visit and follow the proceedings. Since there is nothing like that right now, i think it's time to communicate to all of'em.
Just a thought to increase the momentum. This is a great initiative indeed in this tough economy
By the way, i've mailed another check of $50 today morning, towards yesterday's target of $2000
Satya
I think sending out emails to everyone wont serve the purpose. It will become more of a Spam from IV, which won't help in any way.
AFAIK, IV sends email to its members, when they have updates. I hope this helps.
Also, all the state chapter leaders have been asked to sent out emails to their respective state chapters. So, people will be knowing about this campaign.
GO IV GO. TOGTHER WE CAN.
dresses The total solar eclipse,
glus
07-06 01:09 PM
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
more...
makeup This is the total solar
Green.Tech
06-20 12:36 PM
Any Happy Friday contributors?:)
girlfriend eclipse of the soul
DesiGuy
09-12 05:52 AM
yes, but u need lots of $$$ and TIME for a successful lawsuit.
hairstyles Solar Eclipse view from space
mgmanoj
09-01 09:20 AM
Landed in January' 2000
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
1st Labor Filed in Sept'2001
State approved and project over so had to to move over
2nd Labor filed in Jan'2003 with Company B
Attorney screwed it
3rd Labor filed in Jun'2007
Missed July 2007 fiasco
New date EB3 - Jun'2007
gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
chanduv23
02-24 09:54 AM
The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.
Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.
As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.
The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?
It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.
The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.
Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.
Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?
Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.
As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.
The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?
It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.
The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.
Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.
Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?
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