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  • Gravitation
    07-20 10:40 PM
    Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!

    I think the calculations are actually conservative. If this thread depresses you, don't read it. But people need to be able to whatever analysis they can to see what's ahead!

    You're happy; that's great! Enjoy! I don't think anybody on thread intends to deflate your mood. They're just analyzing. Chill.




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  • mpadapa
    06-11 12:04 PM
    This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)

    Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.




    Source:
    http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html

    ........




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  • snathan
    05-15 10:13 PM
    Shan - I totally understand your frustration and where you are coming from. I had the same level of aggression when i first started participated in IV activities and I am sure, a lot of people want to pursue things in an aggressive manner.

    But lets calm down for a minute.

    The OP initially contacted IV after googling up and came across our threads and I spoke to him. He was frustrated with opening two MTRs and was looking into mandamus.

    I requested him to do the following - exhaust all adminisrative procedures first. Contact Ombudsman, Senators, Congressman, try all options.

    See - these kind of decisions are not easy and not not everyone understands this stuff.

    Once you go to court, it may take a couple of hearings and you will also have the other side arguing their cause.

    We must always remember that - we are in a civilised nation and people on the other side are willing to listen and try to resolve stuff in the best way possible
    - Lobbying, awareness etc.. are basic principles of IV .

    we are not here to teach someone a lesson or fight with someone - we are here because we want our issues resolved and we must work in the best possible way.

    Nevertheless - one must know how litigation also works in case that is the only option.

    I request people to please share their ideas and thoughts on how to tackle such issues.

    Let frustration not dictate your views. I understand that we all want issues to be resolved and get really aggressive on these forums - but lets just relax and think and see what is the best possible solution.

    I totally agree with you on this. But I am not talking about the MTR. I am talking about the fee issues. Why do we need to pay if its their mistake. I dont think we are talking about the fee waiver with congress men's office or anyone else.




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  • sri1309
    08-17 08:18 AM
    We need support from Core members in pushing EB3. We dont see much activitiy on this front..



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  • 2BeeNot2Bee
    09-13 07:35 PM
    and which is why people are giving me reds! :D




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  • deardar
    09-14 08:33 AM
    Thank you IV for all your work.
    Here is a small contribution of $100 for the rally.
    Google Order #953612264434952

    Thank you guys!

    Thanks Claudia- I have noted it for our records-



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  • lkyme
    04-25 12:13 PM
    That is a wonderful proposal and should be given due weight. Despite the early arrival, an individual may not filed his/her GC due to several reasons. Most commonly found / heard are
    1. Company closures/ Layoffs / Transfer to different state
    2. Employer / attorney delay and / or fraud in filing GC
    3. Delays in processing Labor in certain states / backlog centers

    This proposal seems a ray of hope for people in the above category. God bless Rajeev74 and all. Let this be heard and got attention at the policy level.




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  • forever
    07-23 03:38 PM
    It is good to know someone with PD Aug 2004 in EB3 from India is getting approval. This gives me confidence that there are not many people waiting in line when the doors open in Oct 2007 with new quota.:)



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  • jonty_11
    01-21 12:01 PM
    AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks

    Guys, I dont see how it matters....every case is treated differently as we all know..so why bother wasting time on such questions... Instead please concentrate on the IV led efforts.. LETTERS CAMPAIGN.....

    Please look at the bigger picture, with this being an election year, plus a recession looming large on our heads, we need to get our act together and push for reform.




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  • Totoro
    05-02 09:25 AM
    Please contact me, PM or post, if you are willing to be interviewed for a news story on this. You should be a professional in the San Jose / Bay area, although anyone in California should contact me. I will forward your information to the reporter.

    On a related note, I have gone through the laws and regulations and the SSA is required to provide SSN for valid non-work purposes. I have compiled an extensive argument to support this case and I am currently in the process of getting the SSA to recognize the stimulus payment as a valid reason as required by the Social Security Act. If my petition is successful, it will set a precedent for others affected by the ITIN rule.

    Also, you are not a nonresident if you live in the USA. According to one of the replies I received from the SSA.

    "Under the IRC, therefore, an alien who is a nonresident for immigration purposes (i.e., not admitted for permanent residence) may be treated as a resident for tax purposes, if he meets the substantial presence test. Therefore, he could be eligible for the tax credit. However, he may not be eligible for a SSN if he wants one solely for the tax credit."

    I disagree with the last sentence and I am currently beginning the appeals process. I am willing to share the regulations and laws that support my case but I am wondering how to best share this information with others who may also want to get involved.



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  • ItIsNotFunny
    10-21 11:06 AM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).




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  • vjkypally
    03-17 07:50 PM
    Dont make Statements, ask if you don;t know. There are many gurus here



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  • gc_on_demand
    06-10 11:16 AM
    Please call CHC members ASAP.. takes only 10 minutes to call..




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  • GCKarma
    07-06 11:12 AM
    Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
    Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
    Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
    Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.

    It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
    ~AMK

    Atleast those 25,000 people have EAD.Think about the remaining 700 thousand people who are in a deep shit



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  • Blessing&Lifeisbeautiful
    08-01 10:48 PM
    Latest update from shusterman about bridge legislation for schedule A:

    Now, Senator Schumer is seeking to attach the Hutchison-Durbin Amendment to a piece of "must pass" legislation in August. For more information about the immigration of nurses and physical therapists, see "Nurse" page at

    http://shusterman.com/toc-rn.html

    and "Allied Health Professionals" page at

    http://shusterman.com/toc-ahp.html

    Hope they will pass it this time....
    Questions:
    When will be the August recess?
    Are there any "must pass" bills, good for such an attachment, scheduled in the senate before the August recess? :confused:

    bump




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  • desi3933
    07-06 03:03 PM
    I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.

    >> I checked 2007 return and it has only 100K asset.
    It is 165k. But, still, 450k for current asset value seems high.


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  • arihant
    03-13 12:31 PM
    Looking through the ammendments, one that stuck out was about the drunk driving conviction. The ammendment makes it a deportable crime. Well, not that we would ever be stupid enough to drink and drive. But, if you do, and you get caught, be aware of the serious implications it may have.




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  • ashutrip
    06-20 01:28 PM
    Refer this.

    http://immigrationvoice.org/forum/showthread.php?t=2567
    anybody here who got his labor certified from Atlanta off late




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  • americandesi
    06-25 05:35 PM
    I agree with mpadapa,albertpinto and other folks.

    US is going to gain something.

    - We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.

    - We have some idea and we want to implement it but we cannot do it.

    - We want to send our kids in the private school but we are sending in the public school and charted school.

    - We want to go for MBA/Higher education on own expense but we cannot do it.

    - We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.

    - We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)


    Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.

    Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.

    I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.

    1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.

    2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.

    3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.

    4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.

    5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.

    6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.

    7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.

    Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.

    BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)




    vunlucky
    09-11 10:34 PM
    Contributed $100 through google checkout.

    Trying to send as many signatures as possible with a day or so.




    lazycis
    11-20 06:25 PM
    Yep, Ron G. precisely described risks of focusing on maintaining H1 and forgetting about maintaining EAD.



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