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Saturday, June 25, 2011

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  • virginian99
    06-13 01:05 PM
    Looks like Cirus is comming back. we should plan for our EB provisions...

    Sens. McConnell & Lott on verge of passing amnesty -- unless you get in their way

    THE U.S. HOUSE TODAY is dealing with many important immigration matters as it amends the Department of Homeland Security appropriations bill. Your NumbersUSA Capitol Hill Team is following this closely. You can follow all amendments and votes on our special VOTE DAY page. We update at least by the hour. If you see something you want to support or oppose, don't hesitate to call your U.S. Rep.

    TO BEST FIGHT THE SENATE AMNESTY, read Rosemary Jenks' short summary of all the key elements of the S. 1348 Bush/Kennedy amnesty bill as introduced. Scroll down to BACKGROUND INFORMATION.

    Read short descriptions of all amendments the Senate has already passed to modify the bill. Scroll down to FINISHED VOTES.

    Friends,

    I regret to tell you that our victory of last Thursday night has eroded to almost nothing by this morning.

    Senate Republican Leader Mitch McConnell of Kentucky and Senate Republican Whip Trent Lott of Mississippi have succeeded in twisting nearly enough GOP arms to assure Sen. Ted Kennedy (D-Mass.) that they can deliver the votes to pass his S. 1348 amnesty for 12-20 million illegal aliens.

    Here is the pitch that McConnell and Lott are said to be using -- and the pitch that only you can persuade Republican Senators to reject:

    Lawmakers are being told that they must agree to vote for cloture on the amnesty in exchange for a chance to have some favorite amendments brought up OR they will lose a chance to "sit at the table" in final fashioning of this bill.

    A senior GOP leadership aide confirmed that anti-amnesty Republicans are being told by Party leadership that they “need to get on board if they want to remain relevant.”

    I have some actions related to Democratic Senators that I'll detail further in this email. But our most urgent work today is with GOP Senators.

    NO MATTER HOW MANY TIMES YOU HAVE PHONED IN THE LAST MONTH, YOUR PHONE CALLS ARE DESPERATELY NEEDED TODAY.

    CALL SENATORS IN D.C.
    202-224-3121

    (If you live in Mississippi and Kentucky, I've already sent you your action opportunities. You have to take responsibility for the two Senators who at this moment are competing for the title of America's No. 1 and No. 2 Enemy. I am sending this alert to you so you have the additional information that is in it.)


    TELL GOP SENATORS TO REFUSE 'A SEAT AT THE TABLE' AND TO REMAIN 'RELEVANT' BY PROTECTING THE WORKERS AND VOTERS OF THEIR STATE


    Call their offices and tell them you have heard of the 'take-it-or-leave-it' deal they are being offered and that your advice is:

    "Refuse a Seat at The Table If All They're Serving Is Rancid Mush."

    Tell them that permanently legalizing 12-20 million illegal aliens and giving them permanent access to our jobs is a dish not worth fussing over. No amount of seasoning or ingredient changing can make this dish palatable to the voters of your state.

    Any amendment that would truly protect Americans would be killed by the Bush/Kennedy coalition.

    No matter how many amendments are allowed for votes, the end result bill will be terrible -- maybe slightly less terrible than now, but still terrible. There is no point in trading away a YES vote on cloture for the chance to offer an amendment.

    You must make it clear to every one of these Senators that they will be made to pay politically over and over the next year (maybe their whole careers) for a YES vote if this bill comes up again on cloture.

    Remind them that Sen. McCain has seen his front-runner status in the Presidential primary race plummet because of his highly public support for this bill.

    Why would any of these Senators want to carry around that same kind of baggage?

    And tell your Senators that they have all the "relevance" they need by being the representative or your state in the U.S. Senate. They don't need George Bush or Karl Rove to give them relevance, especially if relevance has to come at the expense of principle.


    EXPOSE AND CHALLENGE THE LIES THAT POLLS SHOW AMERICANS SUPPORT THIS AMNESTY


    Yet more news media polls are being released purporting to show that the majority of the public supports this Senate amnesty bill. The big use of these polls by reporters and open-borders advocates is to supposedly prove that all of your phone calls are just a loud-mouthed minority.

    The fact is that nearly all the media polls fail to offer people the choice of Attrition Through Enforcement.

    When Americans are offered a choice between legalization, attrition or mass deportations, most Americans choose attrition. And an overhwelming portion choose either attrition or mass deportation.

    You can find great backing of what I just said by going to our web page on polls.


    OUR ARMY IS GROWING -- Let's Hold Back Disaster While We Recruit Another Army of Reinforcements


    I hope you feel encouraged to know that another 4,081 Americans registered with NumbersUSA and immediately began faxing and phoning -- that was just yesterday, one day.

    Day after day, the word is getting out. More and more Americans understand that they must take real action if they are to save their American quality of life.

    We started the year with around 250,000 activist members. Barely a month ago, we hit the big 300,000 milestone. It looks like we will hit the 400,000 mark tomorrow!

    In addition, we have a total email list of more than 1.5 million now.

    Unfortunately, not everybody who connects, becomes a direct activist with us (although we assume they are having some influence among their friends and colleagues). And not all who register as activist members respond regularly to our Alerts. We know we probably need to have 2 million activist members to ensure that 500,000 are acting at any point. This is true of any organization. But we appreciate every one of you for whatever you are able to do. It all adds up to something strong.

    Numbers of faxes you ordered the last two days:
    Tuesday -- 89,776 faxes
    Monday -- 61,647 faxes


    HOLD ONTO OUR DEMOCRATIC ANTI-AMNESTY VOTES


    It is imperative that we hold onto at least 9 of the 12 Democratic and Independent NO votes we got last Thursday on the cloture vote.

    Phone these offices and urge them not to be taken in by the Republican leadership's pandering to Big Business lobbyists who are demanding to keep employing their 7-million-plus illegal workers and are demanding an amnesty for all the lawbreaking by the outlaw companies in the past.

    Tell these Democrats that they are standing with the American workers on this and should be proud of their principled stand against Pres. Bush's dream of globalizing the American labor force.

    THE 12 NON-REPUBLICANS WHO VOTED AGAINST AMNESTY LAST WEEK
    (* Up for re-election in 2008)

    * Baucus (D-Mont.)
    Bingaman (D-NM)
    Boxer (D-Calif.)
    Byrd (D-WV)
    Dorgan (D-ND)
    * Landrieu (D-La.)
    McCaskill (D-Mo.)
    * Pryor (D-Ark.)
    * Rockefeller(D-WV)
    Sanders (I-Vt.)
    Tester (D-Mont.)
    Webb (D-Va.)


    THE BASIC MATH


    Last week, 45 Senators voted for cloture. It takes 60 votes for cloture to pass, thus ending a filibuster and allowing a final vote, which at this time would require at most 50 votes to pass.

    The pro-amnesty Bush/Kennedy coalition has to persuade 15 Senators who voted NO last week to switch to YES if the cloture vote comes up again.

    The only thing that can keep that from happening is an even larger outpouring of phone calls, faxes and local demonstrations at Senate offices, etc.





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  • crazyghoda
    01-30 12:13 PM
    No I didnt inform USCIS about job change. The lawyer who handled the H1 transfer from my GC sponsoring employer to the (laying off) employer suggested that there was no need to and we could respond to an RFE if it ever happened. He said that USCIS doesnt do anything with the letter and never truly match it up and so I let it go.





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  • 24fps
    02-13 02:47 PM
    LOL

    his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.

    i've been hearing about this for a while as well, and it needs to be debated/looked into





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  • ksiddaba
    07-04 07:39 PM
    Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.

    IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.

    The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.



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  • sujith1
    11-23 10:06 AM
    I had a talk with my lawyer and he told me that the salary can be increased. The only condition is that it cannot go below the salary specified in the Labor petition.

    Title is always handled internally so that should not be a problem



    It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.

    Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.

    With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.





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  • cn0568
    07-22 11:58 PM
    I came to US through CompanyA on L1A Visa 4 months back. My L1A Visa is valid till Mar-09. I had applied for the H1B Visa when I was in India. I got the H1B Visa and now has a valid petition effective Oct-07.
    I would like to know the following.
    Can I join the Company B from Company A without going back to India after Oct-07?



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  • dealsnet
    08-21 04:40 PM
    You didn't say what help you are looking for. Are you looking for any kind of contribution from IV members?.
    Here is employement based people. You are not willing to pay for medicals for I-485. You didn't have money. Your sponser not willing to pay also. They may be getting money from the welfare for taking care for that disable person. US govt. will look after the disabled people. In nursing home or by using home nurse. Your compassion have no value for govt. machinary. You may get sympathy from people, not from govt. or USCIS.

    What catagory you filed the I-485? What based? Do you have a social security number?
    Answer these questions.
    Then you will get answers from this forum, if you are looking for answers only.



    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?





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  • lost
    02-15 09:24 AM
    Anybody from KY attending the event?



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  • let007live4ever
    03-07 08:44 AM
    Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?
    Thanx

    Murthy charges $750 if you are existing client. Not sure how much they will charge, if you hire them just for that.





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  • luvschocolates
    08-21 11:52 AM
    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.



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  • kumarc123
    03-12 02:11 PM
    You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.

    No one is accusing IV

    All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.

    However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.

    I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.

    I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.

    Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.


    Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.


    There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.


    Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.


    Thank you





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  • BharatPremi
    03-17 10:35 AM
    EB3-India
    PD: July 2003
    EAD-AP approved, FP done



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  • VivekAhuja
    09-18 02:17 PM
    Reading the posts about the economy has just shown me how ignorant many of the IV members are.

    The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.

    While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.

    No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.

    There is no need to panic, pack and run.

    Let the economy go through it's colon flush.





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  • stucklabor
    07-24 10:15 PM
    .. there should definitely be some policy interpretation at the discretion of the USCIS

    1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application

    2) If you are interpreting it based on the words ....

    "an immigrant visa is immediately available to him at the time his application is filed"

    Then according to 245(a)(2)....

    "the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "

    ....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.

    Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.



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  • coolmanasip
    03-07 09:41 AM
    see the responses......

    What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?

    ---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]

    Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?

    -------->>does not matter either ways for AC21.....H1 transfer or EAD....

    One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?

    ----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21

    Thank for all the advise.

    ---------------------------------
    Contributed $100.





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  • fide_champ
    04-09 08:33 AM
    It's sad that such a thing happened if it ever happened. The POE officer definitely is going out of his jurisdiction to deny entry to the H1B person. Personally i never had any issues while entering US from Newark,NJ POE. The last time i entered the only question he asked me was "who makes more money, you or your wife" and the officer was very friendly and cracked some jokes as well.

    So i have to question the validity of such news if it's coming from a third-party.



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  • number30
    10-11 07:13 PM
    Damn, I miss India now.

    We went to Marriage of my classmate which was in Srinagar J&K. Police caught us in on the road and we did not have any kind of identification. We started to talk in Kannada with ourselves. This guy let us go by seeing us talking some south Indian language. It happens everywhere. If you are going within 100 mile range from the border it is better to carry the documents. If you are flaying you got carry. I stayed in Buffalo NY for a quite long time I never carried a passport for Niagara falls or to any other places.





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  • perm2gc
    01-10 12:12 PM
    new forums and sites are here
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42

    any volunteers?
    volunteers to post in those above listed forums or to search forums ?





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  • gc28262
    04-11 09:03 PM
    Thanks for your reply. I appreciate your question. Let me explain you in details.
    I am not sure about Mexican illegals but I can tell about Indian.

    Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

    I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

    My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

    I remember Mahatma Ganghi's quotes:

    " I can wait 100 years for freedom but don't want it through violent route"
    khodalmd,

    Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

    Here is a USCIS memo regarding 245(i)

    http://www.uscis.gov/files/pressrelease/245i.pdf

    Relevant portion:

    "Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

    On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?





    tcsonly
    09-19 04:44 AM
    Hi,

    I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.

    I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
    At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.

    I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the members who were sponsered for the rally.

    Thanks to all who made the rally a big success.

    I do support in changing the organization name to "Legal Immigration Voice" immediately.

    I will be writing more in the morning,
    Chandra.





    dreamgc_real
    07-02 09:21 AM
    I think the new reference # for the Sanders Amendment is now
    Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??

    People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!

    Cannot find the change on the reference in thomas.gov

    Sent the message to my senators



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