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  • IMGPAT
    09-27 01:24 PM
    This is my first contribution of $100 to IV as a new member. I urge my fellow members who have not yet contributed to do so and strengthen the efforts of the IV to get some relief for legal EB immigrants before congress adjourns. I hope IV will keep up their good work and more members will contribute. It could be any amount, please do so. This is our last chance to have something done. Believe me there wont me talk of immigration reform after the November elections until after 2008 elections.





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  • pappu
    04-13 04:41 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.


    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace

    ps:
    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    we are glad that it worked out.





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  • renjuzone
    07-03 08:50 AM
    Dear <newschannel /congress/senator/legislator name here>,


    While the coverage that we "potential" legal immigrants received during the CIR debate was abysmal because we were not considered "human interest" pieces by journalists and editors. We have been subjected to another slap in the face by a broken immigration system.

    Please see:

    http://www.aila.org/content/default.aspx?docid=22804

    "Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies' Bait and Switch
    Cite as "AILA InfoNet Doc. No. 07070264""

    This news has so far only got brief coverage in a few websites. Among them include:-
    http://news.yahoo.com/s/ap/20070703/ap_on_go_ca_st_pe/immigration_green_cards
    http://seattlepi.nwsource.com/national/1152AP_Immigration_Green_Cards.html
    http://news.google.com/news?hl=en&ned=us&ie=UTF-8&ncl=1117797588

    We hope that this press release is sufficient to now categorize us as a human interest piece. It is ironic that those crossing the borders illegally get front page coverage, while the tens of thousands of us going through the legal channels get ignored. Many of us have spent hundreds of dollars and wasted time, effort and money, only to be rudely slapped in the face by this visa bulletin revision. Any coverage will be appreciated.

    Thanks,
    <your name here>

    =====

    Please send this to any newschannel, legislator, or congressman in your area. The more people know about this, the better. (Also, ensure that the yahoo and nwsource press website links are complete as IV cuts the full path from my post.)



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  • piyu7444
    08-18 12:20 AM
    Hello -

    As a Primary Applicant my GC was approved (EB-1) but for my wife's application I got an RFE. RFE - USCIS is asking for a VALID wedding certificate showing proof of a hindu wedding under hindu act (dont ask what I was doing or what my lawyer was doing while submitting 485)

    Now I have about 28 days (total is 30) to respond to it. I have not rcvd. my GC but it has been approved and has been sent to production. My lawyer told me that as my GC has been approved my VISA is not good anymore. My wife was on dependent visa and so is my kid.

    Now as my GC got approved.......my visa got cancelled...........my wife's & kids visa is invalid.............and we did not file for Advance Parole so we cant travel. On top of all this we dont have a wedding certificate.

    Any suggestion to address this situation? I cant get a certificate without going back to India and I cant leave the country as If I do so I wont get to enter the country again. Even if somehow (on some legal basis) I can re enter I dont think my wife and kid will be able to re enter US.

    If I dont produce evidence then my wife's application will be rejected putting her out of status.............gosh what a mess.....

    ANY SUGGESTIONS FROM ANYONE WILL BE HIGHLY APPRECIATED. Murali please respond with any possibility which I can explore upon.

    Thanks





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  • ivuser
    02-16 04:40 PM
    CMCN
    Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
    Content :
    Job switch after getting Green Card!?

    Question:
    My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.


    Answer:

    The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
    If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.

    I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.

    I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)

    So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.



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  • nixstor
    03-16 03:19 PM
    Hi nixstor,

    Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .

    My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
    Any issues with that approach?

    Your H1 and her H4 should be approved by Apr 1st as you did PP. Even if its not approved she is still fine as she has status until Jun 7th. Even if her H4 is not approved and only your H1 gets approved with PP and if USCIS happens to process her H1 before H4 they will issue an RFE asking to prove her status (which is pending approval). Once her H4 is approved, you can answer their RFE and then her H1 will be approved. This is what the lawyer told me.

    I still see a lot of people who are not approved in Dec. USCIS processing times say they are doing 1/13/07. Damn!





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  • number30
    04-09 05:54 PM
    You are right axp817, but small correction.
    Company A (old company) attorney filed I 485 based on the I-140 approval from
    company A.

    If there was offer letter from company A you can safely say that job was for future. If you did not include a letter from company A then all goes by the argument of future employment. But Finally it should be OK.



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  • walking_dude
    11-19 05:07 PM
    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).


    How do Promotions impact one's existing GC application?

    for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?

    I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).

    I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!





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  • babu123
    07-13 02:22 PM
    My friend also faced similar situation like your case sometime back. But at that time he is having his previous employer valid H1.

    You have two options.
    1. Change to new employer and apply H1B thru Premium. The reason is your employer is having issues with USCIS. Hence he is not willing to do Premium.

    2. If you dont want to change your employer, you can apply another H1B from your current employer under premium as the current petition is not allowing to do premium.

    Good luck



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  • santb1975
    03-31 09:20 PM
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  • mheggade
    04-16 10:05 AM
    Infact today is my 2nd day at my new job. I have decided not to inform USCIS. And I am in process of hiring a new lawyer , since my previous company paid for my GC , the company lawyer asked me to go with different lawyer for all my future needs.

    I will hire a lawyer and plan to file G28 form in this month.



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  • bomber
    08-08 12:14 AM
    Yes , the employer is Desi. who else can do something like this ? :mad:

    After 6 months, can't we simple change employer on H1B and fire the previous attorney and ask him to send all the documents to the new attorney?
    Can USCIS send a duplicate receipt notice to our home address on our request?





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  • chanduv23
    10-14 04:33 PM
    Its good that we've progressed a bit. Hope there is no more retrogression and USCIS actually processes applications of people per the bulletin...

    USCIS predicts retrogression as they say there is a lot of cases.



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  • yabadaba
    10-06 12:59 PM
    Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
    Family Based Cases: 682,936
    Employment-based or Other: 110,786

    this is what i dont understand. they say a visa number is deducted only when they can actually start working on the 485 (i.e when the priority date is current) so would it mean that there are still thousands of applications coming in every month for eb2 with priority dates prior to june 2002 that is causing this retrogression?





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  • p.guptapost
    06-07 11:44 AM
    I am in same boat. sent to lock box on 5/4.
    till now no receipt.



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  • sweet_jungle
    11-20 12:17 AM
    dpp: did you open a SR or contact USCIS that you think might have expedited your FP? Also, what was the timeline of your case Xfr from CSC back to NSC? Also, is your FP scheduled at an ASC in CA Bay area? Pleasr provide more information.

    I am July 2 filer, ASC in Bay Area. My case was receipted at CSC with ND Sep 6. It was then transferred and received by NSC on Sep 21.
    I then opened a service request for FP on Oct 2. On Oct 22, NSC responded that case is waiting for biometrics at local ASC. I then lost all my patience and on Nov 6 shot off a mail to ombudsman, Prakash , highlighting my details.
    Subesequently, my FP notice got generated on Nov 7 and my spouse's was generated on Nov 8.
    I am writing the details to highlight that for NSC_CSC_NSC filers, you definitely have to act to get FP notice, especially if you are in Bay area. You might get lucky and fet FP by waiting, but it is better to act.





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  • qtoask
    08-18 05:09 PM
    Get the affidavit from your parents get it notarized. This copy would work. have them mailed to you via fast courier.

    Alternatively, your local municipal/ magistrate/judge can issue the certificate.


    Currently they are of course in status. The problem here is with the RFE for which the poster does not have the required primary evidence. If the RFE is not answered (or even not answered to the satisfaction of the immigration officer), then the I-485's for the dependents would be denied, and then they would be out of status since the primary applicant is no longer in H1-B.





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  • letstalklc
    07-12 10:07 AM
    GOD bless you dude for this news...

    I have been hoping for EAD at least and I can happly wait for 2-3 years for my GC

    if the dates are current I and my fellow non EAD holders at least can file for EAD...


    If not current, they should allow to apply for 485 for the ones that they are at least 1 year far away from the current cutoff date if not 2 years (as per current bulletin, they should allow to file 485 up to October 2006 priority date), this way USCIS can borrow some time to pre adjudicate the cases, also easy for them to approve the cases once they are current.

    USCIS talked about 2 step process (1) Registration and (2) Adjustment of the case by taking out the concurrent process, this was supposed to come in place last December, but postponed to this June, even we are in July, no news yet on this.........if this process comes up in place, every one can file for final stage as soon as they are clear with 140, not sure whether they will give EAD or not? Any body has updated info on the 2 step process?





    paskal
    09-20 11:01 PM
    swede and wonderlust:

    this organization is strong and growing everyday because of the efforts of volunteers like you. thank you from all of us for your enthusiasm and motivation. iv does not seek to represent any one nationality, group or skillset. Once you start dividing there is no end. india vs row? EB2 vs EB3? STEM vs other? US degree vs Foreign Degree? BEC vs new filers? we have seen all these food fights take place. will it ever stop?

    the goal is to end retrogression for all. if this happens incremental steps then the movement will continue until the whole goal is achieved. we, as a community of skilled immigrants cannot afford to be fractured. if we are not speaking with one voice, we will be ignored and those that oppose us will easily block our measures from going forward. among other things we learnt from this rally is that there are still those that seek to pursue narrow and divisive agendas within our movement. this will lead to sure failure, and each one of us will suffer for it.

    as i have reminded folks here on numerous occasions, iv is not a brick and mortar structure. we are iv, and there is no iv but us. we determine it's strength and weakness and we shall determine its (and therefore our) success and failure.

    some here fear what will happen when the current leadership get green cards. will iv go the way of skilled immigrant organizations of the past?
    the answer to that too lies within us. a turnover of leadership is but natural over time. if new people are unwilling to step up and be active volunteers, start state chapters, create new initiatives and bring renewed vigor to this movement it shall die out. if new volunteers will not come forward in a fresh stream then maybe we don't deserve this. we are the arbitrators of our destiny.

    i believe though we are more worthy than that.
    the rally has also shown us (especially me- given that i took upon myself the task of working with state chapters) that there are very dedicated and highly motivated members in this organization that will work selflessly and give up much to ensure success. my grateful thanks to the many who made my life so much easier these past few months.

    wonderlust, if you have initiatives to take the message out to the community, iv will surely help you in every which way possible. please pm pappu with your idea!





    lazycis
    12-20 11:03 AM
    http://www.murthy.com/news/n_sercen.html

    Interfiling
    �MurthyDotCom
    The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.

    So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.



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