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  • rayoflight
    02-19 11:29 AM
    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:CommentsClose CommentsPermalink

    ‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    ‘Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--

    ‘(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;

    ‘(2) has at all times been a person of good moral character;

    ‘(3) has never been convicted of a criminal offense in the United States;

    ‘(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;

    ‘(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and

    ‘(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.

    ‘(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.

    ‘(c) Admissible as Immigrant-

    ‘(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).

    ‘(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.

    ‘(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.

    ‘(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.

    ‘(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.’.

    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:

    ‘Sec. 245B. Adjustment of status on the basis of earned access to legalization.’.





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  • vik352
    07-01 04:35 PM
    We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
    With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.





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  • chakalov
    08-17 06:22 PM
    Relax. Come Oct VB they will move the dates with about 6months ahead. Look at EB1 and EB2 ROW. They were current all year long and now they are 8 months retrogressed. Also the fact that they retrogressed it back to aug2002 is actually good. It means they approved a lot of applications in June/July so when SEPT VB came they realized they have exhausted a lot of numbers so they had to retrogress it by a lot to guarantee low demand. All this means that Oct. VB will be better than Sept VB. I think in OCT EB3 ROW will be somewhere in early - mid 2003.

    I don't get it.
    How can:
    VB-April07 EB3-ROW PD be Aug-02
    VB-MAy07 EB3-ROW PD be Aug-03
    VB-June07 EB3-ROW PD be June-05

    ..and then:

    VB-Sept-07 EB3-ROW PD be Aug-02

    Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???

    Sometimes i consider seriously giving up:(
    Need someone to give me the motivation to keep waiting... something logical i can understand.





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  • dummgelauft
    08-21 12:51 PM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

    Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
    Now, coming to your case.
    I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
    (1) Family based
    (2) Employment based
    (3) Humanitarian / Refugee
    (4) Diversity Based
    It is still not clear, what CATEGORY he applied for you under.
    (a) Can not be family based (you are not his spouse, child, sibling etc)
    (b) You CERTAINLY DO NOT qualify under Employment based application.
    (c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
    So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
    Get your self back in to Cananda and work towards building your life back up.
    Bon fin semaine!!



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  • NKR
    07-28 01:10 PM
    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.


    Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.

    When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.

    The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.





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  • signifer123
    02-15 08:44 AM
    Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't



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  • coolmanasip
    03-07 10:43 AM
    Yates Memo clearly says that ability to pay should not be a factor.....read below......

    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?

    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.





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  • Ramba
    07-14 05:52 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

    You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.



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  • immigrant2007
    07-29 10:21 AM
    The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
    A promise is a promise whether verbal or written.
    In this matter desi consultancies are far better.

    I know you are not going to like my reply...but written is a written issue. Desi consultancies and body shops have thier own issue. Infact they exploited the system and candidates to the core.
    Having things documented is the best way. If a company had to play fould it can do it anytime (even on verbal). I also learned the hard way. While writing we can still refere outside lawyers (of our choice)





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  • ashkam
    07-28 12:31 PM
    Pray, how is displaying Ganesha on a beer bottle akin to opposing Hinduism?

    And if that's so, isn't having a beer genre called "India Pale Ale" akin to opposing Indians?

    Getting offended has turned into a national pastime. Get a hobby instead, will you?



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  • Slumdog
    01-22 04:17 PM
    JSB, I agree partially with your analogy on US & Japan�s Quality of life but that is a generalized statement. The meaning of �Quality of Life� is lost the day people started looking at their house as an investment.
    I also agree the quality of Life comes with a price. But not everything should be looked or compared monetarily. Back when I was kid, my Dad had a choice to send me to Govt School or Private school. Private school was expensive & he did pay price by sending me to private school, cutting most of his expenses because he wanted to give good quality of life for his kids. So for everything there is a Price to pay & what �price� means to you is again subjective. There is a lot of difference between Quality of Life & Enjoyment. If a person can only afford Honda Civic & he wishes to buy BMW X5 then he is doing that for his own enjoyment & NOT quality of life. I call it Stupidity. Buying a house (Affordable) with calculated risks is totally different matter & I will explain why on my next topic.

    Your Comment �where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly chooses to sacrifice his peace of mind for more material wealth� is purely your imagination except that I getup at 5:00 & go to work. I am almost done writing new topic �Why Non GC Holders buy houses?� & will be posting shortly. Watch out for that & may be you will find some answers.

    No Joke, I agree with you on considering the risks associated with quality of life.

    Saggi13, It�s sad to hear your side of story. However I did have a backup plan & reserves & I will be explaining my side of story in the above new topic. Don�t loose hope & you will be back in no time.


    ~ Slumdog





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  • pappu
    01-17 11:19 AM
    /\/\/\/

    bumping up the thread since this is the most crtical thing for us to achieve at this time so that we can put more resources at work in the coming months. As everyone could see on this thread, only few members have signed up for recurring contributions. We sent emails to all 8000+ members and the emails are still bouncing. Members have put fake email addresses. Despite repeated requests members have not updated their profile. In future when we send out updates by email or phone, such members will not get any updates too.

    Since yesterday more than 2000 members have visited IV site and read this thread. We did not even get 1/100th of members signing up for this and contributing as little as $20.

    Is this your commitment to the cause?



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  • shivaz90
    07-13 10:48 AM
    As anyone in this forums know about this "may-a-times-told" joke about a bunch of people in an airplane that have to make some hard decision on dropping out some of thier own to save the flying aircraft. As one by one jumps out of the aircraft for a noble cause of saving the other person - our own Desi pushed the next one crying " Gandhiji ki Jai" - saving himself instead of others.

    The moral of the story (which people never really bothered to infer) was that our Desi folks are trigger ready to pull someone down when it comes to me versus them. I hate to stereotype people - based on some unfounded and preconceived notions , but the more and more postings I see like this, it just reinforces my beliefs that we are still gullible enough to be divided no matter what the past had taught us.

    I enjoy visiting IV forums - because of all the Indian based forums - this was one place where people came together rallied for a cause - something that I could not find in any other place. Now I am seeing some folks postings that spites and pits one against another - without understanding the real issue.

    What or why does it matter if Murthy sending a letter to DHS or its Director is all about getting credit for her? Why do we have to think that its "us versus them" within our group - when we are all fighting for one single cause?

    Need some civility here - Please!





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  • gondalguru
    07-07 06:57 PM
    Congrates to all who got approved with PD of 2004. Feels good to know that EB2 india with PD 2004 (Jan to March) getting approval.



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  • kumar1
    07-31 03:18 PM
    x





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  • amitjoey
    02-15 02:45 PM
    Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?

    I do not mean equAL waiting time, I mean FIFO. If there are indians/chinese ahead of the line, they are ahead because they got their earlier. So a 2001 Applicant Indian/Chinese is processed before a 2003 ROW. Only Fair.

    Numerous different checkout lines(Quotas) are making it unfair so that a 2001 applicant is left to be adjudicated only because s/he is a chinese/phillipino/indian, whereas somebody with 2003 or later PD is adjudicated before.

    Thats all I mean.
    BTW, I understand that country quotas were designed to probably check growth of any one ethnic group. But I fail to understand how talent and employment based EB;s can be subjected to this, since Talent can come from anywhere.



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  • dentist1
    04-09 06:47 PM
    Thanks Papu !!!! thats great....

    His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.





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  • Refugee_New
    07-28 01:17 PM
    I would recommend each and everyone...be it a believer or a non-believer..
    to read the book by Richard Dawkins: The God Delusion..

    If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

    You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!

    if you have the PDF version of it then please post it. $3 is too much.

    hehe hehe i am an IT guy.





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  • wanna_immigrate
    06-13 12:59 PM
    Looks like CIR will be back

    http://www.chron.com/disp/story.mpl/ap/tx/4886286.html





    bigboy007
    06-11 11:12 AM
    no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.

    Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.

    Folks, Please do not get extra alarmed ont his stupid proposal.
    Its better to be prepared rather ignore it. I understand what you are saying but it doesnt hurt to oppose.. if one doesnt oppose you never know.





    vdlrao
    07-14 01:25 PM
    http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm

    see te table 6 in that link.



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