ganguteli
06-01 04:12 PM
I cannot imagine how educated illiterate IV members are. You think voting on some site will get the bill passed? I agree with Fresheb2 that this is a waste of time. You guys are only promoting some new site. This site will capture your email addresses and send you marketing material. If you read about the site owners, they are commerical companies and they seek to make profit from this site. Do not be fooled that someone will send your bogus votes to congress and the bill will be passed. The site only aims at generating awareness among US citizens about congress and bill. They probably got some grant or decided to make money off this idea and started this website.
How about I also start a website and create voting on it and ask everyone to vote. Will it help a bill pass?
How about I also start a website and create voting on it and ask everyone to vote. Will it help a bill pass?
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raj3078
08-22 10:21 AM
It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?
Libra
01-31 10:42 AM
please let the letters coming in
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485Mbe4001
12-04 06:18 PM
India has PPF/PF and that money will go in you PPF/PF account, its not a black hole, infact it pays the highest interest and its secure. its very easy to get money out of your PF account. i took it out of my PPF account before i came to the US and promptly spent all :)
its another topic that SS repatriation will never be approved, especially retroactively.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
its another topic that SS repatriation will never be approved, especially retroactively.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
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gcisadawg
04-21 10:36 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
That is exactly right. 10 + 3 yr diploma will wave the first year in 4 year B.E.
In 10 + 2 + 3yr diploma, mostly 11th and 12th grade are redundant.....So, it is only equivalent to 10 + 3yr diploma....
When we were in Engineering after 10+2, we had students who joined us in second year (of a 4yr degree) after completing 10 + 3yr diploma....Our class was benefited tremendously by their practical/industrial experience.
I believe OP has a very difficult case and I dont see a way to get around this.
One thing OP can try is apply for a Masters degree in US from a decent university with his credentials. If he has an admission offer, he can then submit that to USCIS to prove his credentials. US Masters require 12+4 years.
alex77
06-18 07:47 PM
Here you go...
http://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htmhttp://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htm
Here is some thing i got through googling, though a poor choice but worth to post (http://www.happyschoolsblog.com/h1b-visa-stamping-us-consulates-delayed/).
As i remember , i read a north indian chap 15 years of experience and has phd, stuck in chennai or mumbai on security check, trying to find the article.
http://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htmhttp://business.rediff.com/report/2009/mar/30/tal-trips-skilled-immigrants-to-us.htm
Here is some thing i got through googling, though a poor choice but worth to post (http://www.happyschoolsblog.com/h1b-visa-stamping-us-consulates-delayed/).
As i remember , i read a north indian chap 15 years of experience and has phd, stuck in chennai or mumbai on security check, trying to find the article.
more...
cooldudesfo
09-11 12:05 AM
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
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immigrant-in-law
01-25 09:55 AM
All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.
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sandy_anand
06-19 11:59 AM
Thank you Snathan for taking initiative on this issue. This is a genuine issue affecting all of us who are still on a H1 visa. I completely support this.
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delax
08-06 02:52 PM
Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
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number30
11-03 01:05 PM
Hi Shirdibaba,
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
This is my guess.
Since Visa number is not available USCIS is using the term "Inadmissible at this time" That means simply not approvable because PD is not current.
When we got our green cards they use to stamp the passport with seal "Admitted on "
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
This is my guess.
Since Visa number is not available USCIS is using the term "Inadmissible at this time" That means simply not approvable because PD is not current.
When we got our green cards they use to stamp the passport with seal "Admitted on "
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sandy_77
04-25 09:31 AM
Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
more...
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kumar1
08-19 09:02 PM
I can give you my example. 10 years in the US and got greened yesterday. Background -
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
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realizeit
02-11 04:27 PM
Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).
If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.
In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.
In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
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akgind
07-13 11:09 PM
Good point. You are absolutely right, help_please. S.774 is the original DREAM Act which did not distinguish between legals and illegals. But it never went anywhere. The DREAM Act that was part of CIR specifically made it applicable to only holders of Z visa. Please refer to S.1639 on the same site and look at Sec 612-620.
We do not know which version is being introduced now. The way things are going in Congress, I would not be very surprised if they make it applicable to only undocumented.
http://thomas.loc.gov/
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
We do not know which version is being introduced now. The way things are going in Congress, I would not be very surprised if they make it applicable to only undocumented.
http://thomas.loc.gov/
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
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prioritydate
09-16 07:42 PM
Is this a coincidence? Exactly after a month, I had my Green Card in hand. :D
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ashshef
11-02 03:54 PM
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
The quarterly spillover is still a myth untill we see it happen one time. I don't recall a big movement in any quarter in the last few years.....except the last quarter of the year when they have done the annual spillover.
That said....I would obviously love to see a quarterly spillover as I think it might make my date current a few months earlier.
The quarterly spillover is still a myth untill we see it happen one time. I don't recall a big movement in any quarter in the last few years.....except the last quarter of the year when they have done the annual spillover.
That said....I would obviously love to see a quarterly spillover as I think it might make my date current a few months earlier.
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desi3933
02-03 04:59 PM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
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anandrajesh
01-31 03:00 PM
Form No. Current Fee Proposed Fee Difference
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
DAYLIGHT ROBBERY
I-129 $190 $320 $130
I-131 $170 $305 $135
I-140 $195 $475 $280
I-485 $325 $905 $580
I-765 $180 $340 $160
DAYLIGHT ROBBERY
abhijitp
09-23 02:52 AM
IV hadle of Dr Saurabh is 'drsaurabhsethi'. abhijitp, you guys rocked the stage with my favourite music. I want congratulate everyone in CA chpater for their enthusiasm and grand participation in the rally. You guys did it, what we couldn't do being local to DC. We learned a lot from CA chpater memebers from their dedication and hard work. Keep it up. Hats off to all CA members.
I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.
Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)
I want to add that it was only because of the superb guitaring by Dr Saurabh that we could do the song in the right (soul) rhythm. In my own youtube video I had played a much simpler 4 count rhythm as otherwise it was getting kind of hard to focus on the lyrics.
Also, I don't know how others from North CA feel but Aman's motivating speech during his visit to CA (the Milpitas event) was the turning point for me! Maybe before the next rally, Aman should consider visiting all 50 states:)
Berkeleybee
04-10 08:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
Raj,
Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.
best,
Berkeleybee
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