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  • axp817
    01-14 04:42 PM
    Mohican,
    Good luck with the MTR, I hope your attorneys are able to file it ASAP, and your 485 gets reopened even faster.

    I switched employers about a year or so after my 485 had been filed (140 approved) and my employer has informed me that they are going to have to revoke my 140 soon.

    The attorneys at the new employer's filed AC21, G28, etc., but looking at everyone's experience, I too am expecting to get a denial or at best, a NOID/RFE once the 140 is revoked.

    I don't have answers to your questions unfortunately, but I would think that even if the 140 was used for someone else, you shouldn't need a new one, since you switched employers after 180 days of 140 approval, and for those 180 days the 140 was not revoked/reused. Of course, an attorney has to confirm this.

    Please do keep us posted on how things go, how long the MTR takes, etc.

    In the meantime, do you have to go on unpaid leave, because of your EAD becoming invalid or do you have backup status such as the H-1B?

    Thanks very much and good luck,




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  • eastindia
    01-12 01:14 PM
    Sorry eastindia but you are plain wrong. The US is not East India Company.

    Here are the facts about the US checks and balances:

    1. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
    2. If the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the U.S. Constitution. Then they would have to vote to pass the new law, and the President would sign it.
    3. The Supreme court can overrule its own rulings.
    4. Congress can rewrite a law to conform with Constitutional standards.
    5. The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).

    If you think a law is unconstitutional then it can be challenged in the court. For example, there was an article in WSJ about some lawyers planning to challenge the health care bill once it becomes a law. One of the reasons: the health care law would require a person to buy health insurance, which infringes upon constitutionally guaranteed individual right of freedom. Now not to deflect from the topic of this thread, the bottomline is if you think the law is unconstitutional then you can challenge the law in the court.

    The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)")and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.

    You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?

    There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?

    This talk about lawsuit is all gas.




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  • snathan
    03-28 01:27 PM
    i read somewere spillover go in july. perchance i thinking that spillover go to eb2 while i am eb3 waiting. what chance now for spillover for eb3 getting some?
    i thank all you for replies for help me get infermation to know spillover

    Call Obama and ask to him change the rule for you




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  • ksiddaba
    06-14 12:29 AM
    Hi:

    My I-140 has been approved and my PD was Jan 2006. However my company merged with another company recently and I was told I have to re file for a new I-140 with the "new" company. What is your opinion on this matter?

    Also my wife is in India right now and needs to go for H4 stamping. Should I wait for her to come back before I file for I-485? Can she file a I-485 later once my I-485 has been filed even though the dates have retrogressed?



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  • kumarc123
    07-02 10:40 AM
    Hello All,
    I called again, took me less than 2 minutes. To all the people who have already made these calls, please call again and maybe address yourself as your spouse's name, or friends name. The point here is volume.


    To all those who haven't called shame to all of you, please return back to India as your stall actions are bringing a disgrace to our country.

    The Senator has not made any stand on this issue yet, it is imperative for all of us to call, please call.



    United we stand , United we win




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  • gemini23
    07-02 09:15 AM
    mine is fragomen . they are pretty good...and have been working 24 by 7 in shifts to prepare forms. they are very responsive and very good people to deal with. surely recommend them.



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  • pnjbindia
    07-05 09:57 PM
    Hands down, the best in the DC area.. Very professional Italian law firm with imigrant lawyers.....

    www.maggio-kattar.com

    Speak to Mr. Jim Alexander..




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  • pushkarw
    11-15 06:04 PM
    I have just sent an email to the public editor of the New York Times. Let me know if you wish to see the contents of the email. How do I become a member of my state chapter. I am based out of Kansas.



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  • gcdeal
    06-23 10:55 PM
    I have been working with this employer for the past 3 years, but i have put in a transfer and got the H1 approved. It is ok to go for H1 stamping without paystubs from the new employer. I have paystubs of previous employer.




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  • needhelp!
    03-06 04:15 PM
    http://www.uscis.gov/files/article/FOIAAnnRptFY08.pdf

    Number of Backlogged Requests as of End of Fiscal Year: 67,545

    FOIA has its own backlog!



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  • santb1975
    04-26 10:52 PM
    :confused:




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  • micofrost
    07-19 01:05 AM
    Actually some of concern of EB3 is valid.But their explanation cannot convince DOS or USCIS. According to DOS/CIS EB1 has more skills than EB2 and EB2 has more skills than EB3. That is not true in many cases. EB1 most cases are genuine except some cases in multi national managers. A manager in CTS could file in EB1 but at the same time similar manager in Intel cannot file in EB1. But only very few are in numbers because of restrictions like working in other country branch etc. So people do not bother about EB1 being current always.

    Coming to EB2, the job requirement require Masters or 5 years experience. If the requirement is genuine then it is ok to give priority to EB2. But in reality(mainly consulting companies) the job requirement is decided mostly in Lawyers office or by candidate just because candidate has
    master degree or 5 years experience. Though CIS scrutinise the EB2 applications still rejection rate is less. And also many persons trying to use 3 year degree and 2 year Master and apply for Eb2 by adding PG diploma etc.
    So it appears that there is no difference in skills between EB2 and EB3. If CIS and companies follow strictly the law and good faith then number of candidates would have been less in EB2 and EB2 would have been current and remaining would have been transferred to EB3. But these reasons could not be given to DOS/CIS. According to DOS/CIS EB2 has more skills than EB3.

    Are u saying all eb2s have earned the experience under the table. Then why couldn't you do so then ?
    Dont blame the lawyers or the employers. May be there are one or two, which I am yet to find. But if you have seen it and very sure of it, why didnt u complain about it earlier to the appropiate officials.
    Dont be a cry baby.



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  • mariner5555
    03-14 02:12 PM
    Nobody is talking because that suffering period and criteria and reasons all over. Nowonwards you will see the effects of what happened in 2002-2004.EB3-I the slowest in the group is at Oct 2001. So Forget Apr 2001.
    o.k..I read some of your old posts (but not thorougly) and I was confused (I guess you have done lot of research) - so can you explain again ?
    in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
    I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
    would appreciate yr reply ..Thanks !!




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  • pushkarw
    11-26 06:21 PM
    http://www.jackson-hertogs.com/quota/eb-ind.htm

    This link tracks visa bulletin date movement for applicants from India only.



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  • tonyHK12
    03-28 08:03 PM
    I recommend you apologize to MC and don't make this a circus

    .


    And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point


    Most EB2's who are talking on this forum are idiotic, egostic and too much of themselves to think straight. Case in point Smugbee, SNathan and TonyHK. Since they don't have ead they want ead and thats all they care about. As long as they get to file 485 and get ead they dont care.
    thats pretty ridiculous, why don't you prove it




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  • TheOmbudsman
    11-08 02:26 PM
    Rheoretro,

    Yes, so they think that Katrina is a right winger ? She is the most liberal one around !

    Best regards,

    Ombudsman


    I am glad someone on this site injects a daily dose of reality - half the people that post are out to lunch, anyway!

    Keep it up, Ombudsman! And let the whiners whine! There seem to be too many of them, anyway. Lots of people who come up with lots of "suggestions." Mostly nonsense, anyway. And then there are some that post messages in the news article thread that are simply wrong and inaccurate. Some people are still in third grade...they believe everything that they read. And believe everything that they hear on TV or the radio. If Chris Matthews or Bill O'Reilly is your source of accurate news or objective analysis, why, even the heavens weep for you!


    BTW, there are people on here who think that "The Nation" is a right-wing newspaper! How retarded is that! Katrina van den Heuvel, the editor of The Nation, is no right winger!
    check out www.mediamatters.org for another healthy dose of reality checks.



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  • gc_dedo
    08-08 02:36 PM
    Any updates on this topic?

    I didnt get rebate check this year because i havent filed my wife and kid EAD.
    I can apply for their EAD and get SSN so i can get the rebate next year but that costs money too.




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  • Jaime
    09-05 12:54 AM
    Everybody to Washngton guys! Everybody! It's just one day, but it will be a historic day! Enjoy this opportunity to tell the government what's on your mind! Congress needs to know, that WE HAVE ALREADY WAITED LONG ENOUGH!




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  • garybanz
    09-20 02:12 PM
    Good Idea, Jayram.

    Having even a couple of fill time staffers will make a big difference...but will also require bigger budget.

    Does any one know how much IV collets in recurring contributions? How much did we collect for the DC rally and how much did we spend?




    San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?



    I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.

    But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.

    If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.

    It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)



    There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.

    Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.

    With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?




    I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?

    We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?

    How about taking this to the next step and hire paid fulltime staff who can
    1) call people and request donations
    2) organize meetings
    3) stimulate the local chapters
    4) promote IV
    ..... and the list can go on.....and do all the things necessary to convert all propects to customers.

    How about having full time offices in DC? This office will run on donations.

    Finally, how about instead of anonymous members make this a place where everyone has to provide their personal details etc.

    Anyways, I am just ranting.




    RandyK
    03-20 05:08 PM
    Dude, don't judge everybody with the same yard stick.

    Gotcher has been very helpful for a lot us who are looking for anwers. You may not agree with his analysis for personal reasons, just keep it that way.

    Don't try to just come up with stories.

    Even if he gets some publicity so what? Atleast he is earning it by helping a lot of people.


    i dont think its a controversy. mr. Gotcher does not agree with the interpretation. Maybe its a way to generate some additional revenues for his firm by increased traffic to the blog and potentially a class action lawsuit on behalf of the ROW people.




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