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  • spicy_guy
    08-11 05:57 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.





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  • new_horizon
    03-17 11:00 AM
    the only good thing I see there are families in which both husband and wife filed separate GC petition. When one's gc process goes thru completion, the other petition will be withdrawn from the queue. : )
    hope there are more cases like that.





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  • diptam
    07-24 11:14 AM
    Guys,

    I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.

    If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.

    Thanks,

    I will try to dig out the actual memo. But this is from the oh law firm page:
    ---
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
    ---





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  • needhelp!
    10-22 11:05 AM
    I sent mine yesterday. Do we get an acknowledgement and a number after this?.

    Yes, you should get a receipt number in 2-3 weeks. Please post it here for IV to make a list.



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  • vin13
    02-10 10:59 AM
    No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.


    desi3933 has correctly mentioned the relevant stats. Just in case you missed it:



    This is the reason I do not find that immigration business shop credible any more.

    I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.

    I did not know of getting less than 7% when there is high demand. :confused:





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  • kaisersose
    07-24 02:05 PM
    If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.

    If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.

    My thoughts.

    You are right on both accounts.

    1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.

    2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.



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  • ronhira
    04-11 06:05 PM
    Good point. I appreciate your hard work.

    This may be helpful
    245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)

    GRANDFATHERED DERIVATIVE FAMILY MEMBERS

    Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo

    Section 245(i) defines the term "beneficiary" to include a spouse or
    child "eligible to receive a visa under section 203(d) of the Act." This
    applies to spouses or children "accompanying or following to join" the
    principal alien.

    An alien who is accompanying or following to join an alien who is a
    grandfathered alien is thus also the "beneficiary" of the grandfathered
    petition or labor certification application and is also grandfathered.

    Since an alien's ability to characterize himself or herself as
    "accompanying or following to join" the principal alien depends on the
    existence of a qualifying relationship at the time of the principal's
    adjustment, adjudicators must determine whether the relationship existed
    prior to the time the alien adjusted status. Officers should remember
    that the burden of proof to establish the qualifying relationship rests
    with the applicant.

    The spouse or child of a grandfathered alien as of January 14 is also
    grandfathered for 245(i) purposes. This means that the spouse or child
    is grandfathered irrespective of whether the spouse or child adjusts
    with the principal. The pre-January 15 spouse or child also are
    grandfathered even after losing the status of spouse or child, such as
    by divorce or by becoming 21 years of age, by the petitioner�s
    naturalization, through the parents� divorce, or even if the principal
    or petitioner dies. Grandfathered eligibility attaches to the person and
    not the petition. 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.

    An alien who becomes the child or spouse of a grandfathered alien
    after the alien adjusts status or immigrates cannot adjust status under
    section 245(i) unless he or she has an independent basis for
    grandfathering.

    "Aged-out" children

    Often, a principal alien who has filed a visa petition or labor
    certification application will have a "child" who reaches the age of 21,
    and thus no longer meet the statutory definition of child, before the
    petition or application is approved or the principal alien adjusts
    status. However, such an "aged-out" beneficiary will remain a
    beneficiary for the purpose of determining whether he or she may use
    section 245(i) to adjust status.

    Eligibility: An alien who is included in the categories of
    restricted aliens under 245.1(b) and meets the definition of a
    ``grandfathered alien'' may apply for adjustment of status under section
    245 of the Act if the alien meets the requirements of paragraphs (b)(1)
    through (b)(7) of this section:

    (1) Is physically present in the United States;
    (2) Is eligible for immigrant classification and has an immigrant visa
    number immediately available at the time of filing for adjustment of
    status;
    (3) Is not inadmissible from the United States under any provision of
    section 212 of the Act, or all grounds for inadmissibility have been
    waived;
    (4) Properly files Form I-485, Application to Register Permanent
    Residence or Adjust Status on or after October 1, 1994, with the
    required fee for that application;
    (5) Properly files Supplement A to Form I-485 on or after October 1,
    1994;
    (6) Pays an additional sum of $1,000, unless payment of the additional
    sum is not required under section 245(i) of the Act; and
    (7) Will adjust status under section 245 of the Act to that of lawful
    permanent resident of the United States on or after October 1, 1994.

    hypocrisy as its best...... need another quote from gandhi....

    u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....





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  • sammyb
    07-11 01:39 PM
    USCIS will make more money by issuing 1 yr EAD to more EB2s & EB3s and come Sep/Oct, VB dates will go back to 04 again ...

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD



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  • gcisadawg
    01-16 06:58 PM
    See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.

    Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!





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  • nonimmi
    03-14 05:42 PM
    We sent a letter to USCIS to revoke the existing G-28.
    We just sent a letter and 485 receipt for me and my husband.

    Just wanted to let u know.

    Thanks for sharing the info. Did you get any new attorney?



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  • msadiqali
    09-14 04:13 PM
    what is EVL?

    I also got an RFE asking for my employer letter. I moved to IL from CA.

    I got the letter from employer and submitted to USCIS... waiting for answer..





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  • looivy
    06-11 10:36 PM
    Emaied IL senator and will snail mail as well. Same for my spouse.



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  • sanjeev_2004
    06-30 09:52 PM
    What exactly are you trying to say?
    You contradict yourself and also make a fool of yourself.

    First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.

    just chill. I just cooked a spicy chicken with red/orange/green peppers.
    Please don't spoil my dinner after going through hell past 2 days.


    Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.

    Have Fun.





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  • sodh
    07-23 04:02 PM
    Don't get confused between employer verification letter and employment offer letter, the ammendment was a suggestion ask some professional.



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  • royus77
    08-11 10:58 PM
    If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.

    If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.

    IMHO. Not to find fault with anyone. Please do not mistake me.

    what is the percentage you are looking ? 50 -50 ?I know thousands of people who can write a check for 10K to support any law that can give them a GC in the next 3-6 months..





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  • walking_dude
    10-29 11:40 AM
    Only 67 members so far? I was thinking there would be hundreds of FOIA requests by members, if not in thousands, given all the tracking activity/VB predictions that happen here (and else where too). Now that finally we have a way of accurately predicting PD movement in Visa bulletins and make more accurate prediction of approval than possible through any tracker ( all of them limited to insignificant percentages of the total population to make accurate predictions), just by sending a simple letter; I am baffled by the lukewarm response by a community that's otherwise relentlessly peristent in the tracking/predictions activity.

    Having too much fun in those vodoo activities, are we? Welcome to the real world. FOIA is our chance to get the answer we all have been seeking. Will you pop the Red Pill? or continue dreaming in the unreal World of tracking and VB predictions?



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  • GCNaseeb
    03-07 09:45 AM
    I got hell out of my sponsoring employer. While I worked for them over 5 years, I had a terrible experience with their HR and some other souls. So I decided to make use of AC21 and changed the job. I feel so much relaxed now and I see light at the end of tunnel. My Green card is around the corner. USCIS has no reason to deny my petition. Afterall, we have just one life to live; how long you can let your career stegnate just for the sake of a piece of paper. Does that makes sense at all?





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  • natrajs
    06-06 03:40 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

    Congrats and Best Wishes





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  • logiclife
    04-20 02:22 PM
    I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?

    Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.

    But surely, it would be good if you bring a sign/banner saying "www.immigrationvoice.org" which would help us get more coverage is its caught by the media.





    StarSun
    02-23 08:16 AM
    Thank you Vin13 and Sukhwinderd for keeping track of the air miles and carpool/hosting details.

    Members, please come forward with your generous donations to help fellow members mitigate costs associated with the advocacy efforts.





    go_guy123
    01-01 12:11 AM
    Just need a place to vent and share my frustration with this system.
    I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.

    Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
    Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.

    I do hope we see some miracle in 2007.

    You came 12 years ago for undergrad that means in 1994 and got done
    in 1999. What were you doing in 1999. Didnt u apply in 1999? You could have
    been done by now.



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