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  • bec
    10-15 04:53 PM
    Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.

    We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.





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  • ajthakur
    07-14 06:54 PM
    So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
    Yes. However, on the flip side, if the 140 withdrawel letter was dated within 180 days of 485 pending, your 485 will be denied no matter what RFE or NOID. Few good adjudicaters may send RFE in stead of NOID/direct denial.





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  • luvschocolates
    08-21 10:46 AM
    I am NOT here illegally. I was told BY someone at USCIS when I submitted the first application that as long as I was submitting requested applications and the required fees, I was not considered an illegal alien. If that was the case, why has no one at USCIS ever told me that? They know where I live, who I live with and everything else they need to know, I have no secrets from them, but not once have I received a letter, phone call or anything else to request for me to leave. I guess those of you that are professionals or those who already have a green card, are better than people like myself who are considered blue collar. I don't receive a dime for what I do, room and board is it so therefore I am not taking away anything from Americans who were born in this country.
    In 2003 when I arrived here, PASSPORTS WERE NOT REQUIRED. I had a birth certificate and valid driver's license, that is all customs asked for at the Toronto airport and that is all I gave them. IF passports were required, I would have gotten one, but since they were not, what was I to do? I am not from an overseas country and I have visited the US most of my life as a child and as an adult without any trouble and was never asked for a passport. All that changed in 2005 - not my fault.
    I came here looking for some assistance but seem to have gotten a bunch of sarcastic comments that are really not helpful and weren't necessary.
    It's funny how you make assumptions and you all are here for similar reasons and needed help at some point. As for not criticizing USCIS for doing their job right - I doubt you would say the same thing if you were my shoes. I do not appreciate the criticism or sarcasm, I thought this was supposed to be a place to get some help, I guess I was wrong.
    I won't be back.





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  • optimystic
    03-18 08:35 PM
    Urgh.. Here come the red squares...Why do I even bother posting comments!



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  • 3d Nirvana
    02-27 09:12 PM
    soulty I think your way might be right also, I vaugely remember something about that. Idk, might want to check out both grinch :)





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  • ssdtm
    02-01 04:22 PM
    Interesting long post about Indian cos.

    One point you are missing is, we live in a professional world, and if one is not fit, he/she is fired right away, particularly when one is a consultant. There may be some truth in your observation but you have too much generalized it and are making everyone look like unethical.



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  • logiclife
    04-23 04:22 PM
    -------------
    Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/

    Lets keep the momentum going.

    You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.





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  • zen
    04-07 10:09 AM
    it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
    ------------------
    no comments from anyone regarding the above ?



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  • smuggymba
    09-10 12:53 PM
    My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.

    Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.

    Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.





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  • ak27
    11-29 09:36 AM
    Good Morning Everyone,
    Let us setup a time and talk about meeting Law Makers. I can be reached at ajay1857@gmail.com

    My no is 732-910-5926.. Please get as many friend you can get signed up for our chapter. We have very few signed up so far. I would think that we have thousands of people like us in this boat.


    Thank you



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  • vaishalikumar
    08-16 02:17 PM
    IT IS TOO BAD FOR EB 3 , WHY THIS INJUSTICE WITH EB 3 ?


    everyone was expecting them to go U

    EB1 has cutoff?? for the first time in recent memory?





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  • dilber
    06-06 03:53 PM
    We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

    No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

    Here are our dates for those interested in tracking.

    PD: Jan 29, 2004, EB2
    Ohio labor approved - Oct 2004
    45 day letter - Jan 2005
    Labor approved from Dalla BEC - June 2006
    I I140 regular, non concurrent approved - Sept 2006
    I 485 sent to Nebraska - July 13 2007
    EAD approved - Oct 2007
    I485 approval email - June,06, 2008

    Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours



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  • desi3933
    02-04 01:44 PM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.


    My comments are in blue ....


    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?
    Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    There is no such regulation at this time.

    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    There is no such regulation at this time.

    I mean when do I have to inform USCIS if at all?
    In the event of RFE.

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
    Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally


    Priority Date: Feb 2006


    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.



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  • franklin
    07-02 11:16 PM
    I strongly believe that the little funds that IV receives should be used for more productive means than spending even more money on a website.

    Maintaining a website that multiple people go to isn't going to get us very far at all, other than answering the same question multiple times. Using that money to pay for a lobbying firm, or trips to DC, or media coverage is way more productive and is far more likely to get actual results.





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  • pyaradesi
    02-06 07:30 AM
    Kudos to Team IV for keeping the flame alive even in such a situation. If anybody noticed, IV is probably the only organization making any noise about us EB folks right now.
    Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
    1. Can we highlight past distinguished immigrants who have come thru the EB channel.
    2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
    3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
    4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
    5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
    6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
    7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
    9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.

    This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.

    IV Core team, please lead the way, even if there may not be 100% consensus.



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  • thamizhan
    07-24 11:24 AM
    Do you know to which center he applied and which center sent his packet back ?





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  • desi3933
    02-24 01:57 PM
    If you apply for H1B, you will only whatever left in L1B and not six years.

    That is not correct, snathan.

    L1B+H1B can not exceed 6 years out of that L1B can not exceed 5 years.


    _________________
    Not a legal advice.





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  • factoryman
    06-20 06:29 PM
    Download and do it. Your attorney may be asking for that purpose. Only last 5 years.

    Is there any official Period of Stay form or its just a summary statement from us about entry exit from start till now.





    paskal
    03-16 02:01 PM
    dont "warn" me..........you think i give a damn about your "warning"??

    the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.

    i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.

    and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???

    i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.

    i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....


    so i will try one last time.

    your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.

    now the issue with your posts is your language and your tenor. kindly fix that.
    yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.

    http://immigrationvoice.org/forum/announcement.php?f=90

    "Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."





    sathyaraj
    03-12 04:24 PM
    Guys -

    I got the Ac21 employment letter from my new employer and they have filed my H1B transfer and I have the following questions:

    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?

    b. H1b Transfer receipt: My receipt reached yesterday morning at 10:30 am. Please let me know how long does it take to get the receipt back. This is important for me to take my new job.

    Thanks
    Sathyaraj



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