Monday, June 27, 2011

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  • Kevin McHale, he#39;s better



  • pappu
    12-20 10:05 AM
    Thanks. Havnt contacted him yet.
    post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.





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  • factoryman
    07-02 02:29 AM
    IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.

    First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.

    I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.

    The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.

    Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.

    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"





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  • ups
    03-27 02:42 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    http://murthy.com/news/UDh1iii.html

    If you go outside of US for more than one year than only you will be count against quota.If you were on H1 and stopped working for more than one year and still in US than also you are not counted in quota.





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  • FredG
    March 3rd, 2004, 08:18 PM
    It's photoshop magic. Just create a 22.5 degree slice, dup it to 2 and position, dup that to 4 and position, dup that to 8 and position, crop to a circle and voila, kaleidoscope. It really was derived from Fretnomore's posted shot.
    Fred



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  • Artie. McHale, pictured



  • cox
    January 31st, 2005, 12:03 AM
    I liked the father & son pic too. Some crop will help to emphasize the icy feel too. It's got a happier feel than the others IMHO... We're all our worst critics, so keep your camera and keep shooting ;)





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  • satyasrd
    04-29 09:53 AM
    I agree that we desperately need media attention. No one knows our story, about people living in this country for 10-15 years legally without any GC relief.

    Should we organize a rally or contact the media for interviews ?

    Pappu/Admin, any ideas ?



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  • “Glee” Actor Kevin McHale



  • sk.aggarwal
    02-15 05:35 PM
    I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.





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  • See All Kevin McHale Pics »



  • lazycis
    02-14 04:42 PM
    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.

    Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.



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  • Oh hey Kevin McHale aka the



  • GC_LOOKIN
    09-12 12:56 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.

    this sounds encouraging:) hopefully we will get receipts soon





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  • dpp
    12-30 09:31 AM
    What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.

    So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.

    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.



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  • #39;Glee#39;s#39; Kevin McHale: I want



  • kevinkris
    07-10 05:33 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.





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  • 2003doc
    07-17 06:01 PM
    the best thing he could do is get married ASAP may be tomorrow and file I 485 for him and his wife together otherwise he will be in very bad situation. If in OCt his PD is current he will get stuck as he can not sponsor wife for a long time. and if there is severe retrogession than he will not be able to bring his wife to US unless hisnon-immigrant visa is still valid( still his wife would be in danger of being out of status)....So act NOW
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !



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  • Kevin McHale - Artie Abrams



  • chanduv23
    08-05 11:13 PM
    PA members most welcome to merge with Tri State members on the rally effort. We have a lunch meeting in NYC on Saturday and you are all most welcome to join us.

    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th
    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm

    ALSO- PLEASE DO UPDATE YOUR CONTACT INFORMATION

    Thank you!





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  • validIV
    03-17 11:40 AM
    Also india Eb2 will get 25k visas for this FY

    Where did you get this info from? source?



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  • Kevin McHale, Artie Abrams



  • GCBoy786
    09-11 04:58 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.





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  • Since1997
    08-13 11:32 AM
    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ? Thanks! Yes, I think the status is for individual applications only - as far as I know.

    If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....

    Anyway TSC is far betther than NSC....



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  • guesswho
    04-10 01:55 AM
    I though there is already an option where you could apply in PERM requesting transfer of the non-perm application to PERM (as against a new PERM application). That way you can keep the old PD.





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  • Gravitation
    05-30 02:22 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.





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  • nozerd
    07-02 10:05 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.





    jonty_11
    02-19 11:27 AM
    depends if u are india or china.....u shud only do EB2.
    Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.





    GIDOC
    07-13 10:53 PM
    I would recommend sending a letter of thanks for support on this issue. I do not know if flowers a great idea.



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