Saturday, June 25, 2011

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  • amitjoey
    07-18 02:38 PM
    There is already an action plan and a thread for it.
    Please contribute your $$$$ now.





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  • rk07
    09-28 10:27 AM
    All,

    I just want to share some goods news from side.

    All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from CSC starting with WAC.

    I hope who ever is waiting for RN's they will get soon.

    Thanks,
    -rk.





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  • Carlau
    12-11 02:09 PM
    From what I understand you can only and still will only be able to file I-485 when your PD is current. Now, if you belong to rest of the world EB2 the moment your labor clears your PD is current so you can file at the same time I-485 and I-140. In future you will have to delay the filing of I-485 for the three months that I-140 takes to clear (if your PD is current the moment the labor clears).





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  • ajm
    04-14 11:40 AM
    There is no excuse for the Immigration dept for this backlog. This is a simple clerk's job which they screwed. IV as a an organization should clearly state it and insist on fast resolution by the respective authorities, not just foggy promises.


    I agree that there is no excuse for processing times running into many months. However, I would be hesitant to rely on the goodwill of DOL/USCIS in resolving the backlog. I started another thread suggesting a premium processing option for the entire GC process:
    http://immigrationvoice.org/forum/showthread.php?t=600



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  • eagerr2i
    07-01 01:21 PM
    It is at 4.15 PM EST. The radio station streams on the web as well if a station in your area does not broadcast. www.kpfk.org





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  • gautamagg
    07-20 02:27 AM
    As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.

    Dear Mr. Gonzalez

    I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.

    Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
    The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?

    On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.

    The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:

    Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.

    After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.

    Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html


    Thanks
    Gautam



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  • sayonara
    08-18 11:04 PM
    I am an Indian National residing in US for the past 10 years.
    My labor was filed in September 2006 under Eb3. I received my EAD in 2007 and my current legal status is EAD. Since 2006, I am with the same employer.
    In 2008, I got promoted to a Managerial position which requires Bachelors and
    minimum 5 yrs progressive experience. I also have a Masters degree in the same field.
    I want to port my application to EB2

    1. Will this result in me loosing my EAD?
    2. What will happen if there is a problem with the new EB2 application - will it also impact the EB3 application?
    3. Is it better to change companies to do the porting?

    Please advice.





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  • nandakumar
    09-19 10:30 AM
    The whole experience of the rally was really great, meeting the staffs of Congressmen/Congresswomen, IV core team, other volunteers and members, hearing the speeches of Congressmen and being a volunteer.

    Rally was well organized and volunteers tirelessly worked all three days. Me and my wife are really proud for being part of this historic event and also proud for the participation of so many fellow CA members.

    It would have been great if members from neighboring states have attended in big way.



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  • alp_waj
    11-07 01:46 PM
    What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.

    Dude !!

    FYI,

    France <> Europe

    Thanks for sharing your deep rooted pessimism, though

    Keep up with your mission.. it helps :D

    Cheers





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  • gg_ny
    10-04 10:31 AM
    Hello,

    You may have to meet with a lawyer and right away take remedial actions to fix the anomaly in your documents. Even if you are travelling inside the country, passport is an essential document for ID. If there is any confusion over your name in the passport, your SSN and creditcard, and the ticket, that itself is a recipe for arrest or detention in the airport. It is a major problem to have such papers during traveling or even routine checks. It is one of the things the enforcement agencies do not take lightly. The last thing you may want when traveling is to explain after 24 hrs of interrogation to a judge why you had id and immi documents with differing last names.


    Hi all,

    Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..



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  • satish_hello
    09-24 10:46 AM
    I saw my LUD cnahge 09/21 on my I-485 and my wife, and got 4 e-mail from cris, that my application was received from other center(CSC).But CSC transfered on 09/14, and sent transfer notice.

    I am still waiting for my FP.

    What does it mean.Does it mean i get my FP.

    Regards
    -satish

    ----------------------------------------------
    Contributed $100 for Rally.





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  • pappu
    12-26 11:21 AM
    So you mean I should not even think of invoking AC21 EVEN after 180 days ?

    Maybe some people had problems using AC21. But at the same time a lot of people do use it. Every person must take the decision after consultation with a good attorney in AC21 matters and after looking at their own GC, Job, career and personal life situations. There are some areas like salary and same or similar job criteria that must be carefully looked at. There is no general answer to the question above. Each person must do what is best for them. It is speculated that a lot of people will invoke AC21 from next month after crossing 180 days and seeing that the upcoming visa bulletins will only push the dates back for countries like India and China. This would certainly frustrate a lot of people who do not see any career growth and may have to decide if they wish to be stuck in the same job for several more years or change jobs.



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  • techbuyer77
    09-17 01:02 PM
    cool man! congratulations. Enjoy your gc.

    Thanks, although it is very bittersweet, I wanted to one day become a USC, but with this I dont know where I stand.





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  • gcphul
    11-19 05:59 PM
    Hi guys
    on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
    My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.

    I am expecting 2 Queries
    1) when company merge they may ask Company tax returns for current year.
    2) or they want again Education Evalution



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  • kumarc123
    11-24 06:34 PM
    Ok, let us be united. Let us work on getting USCIS to follow the letter of the law. What is it you ask? It is that the Visas be spilled over as required by the law. It is nothing to do against EB3 or EB2. The visa spillover suggests that the overflowing visas be issued to the most critically retrogressed queue (upon satisfaction of per country limits). Does it help Eb3 or EB2? Both, whenever there is a longer queue, that line is able to move forward.

    Right now it is EB3 which is reeling under the incorrect implementation, and EB3s want to see it rectified, while the EB2ers demand Unity (knowing well that they stand to lose -- what was never theirs), I would not be surprised that EB2 raise the loudest voice of action (and no talks about unity) had the tables been turned.

    So you see why I think the message of unity sounds so hollow.

    Well hollow or shallow does it help you?

    hmhmh =------- NO!

    Stop questioning EB2 or EB3, they both represent EB community. Yes you maybe right about people thinking about EB2 faster thatn EB3,

    But have you followed the bulletin lately?

    And the ways things are going, do you really think EB 2 will clear fast and then EB3 will gain a faster movement?

    Golden Answer? NO

    Whether you like it or not, we need each other, the impact is always greater when the intensity applied to it is greater.


    You can keep thinking about how hollow you and I are, but the fact is we both need each other. Everyone see's us as EB community, not as EB2 or EB3,

    Most of those Morons don't even understand the difference between H1b and green cards,


    So get yourself to think EB community as a whole, not EB2 or EB3, or who benefits first?





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  • cheg
    07-13 04:18 AM
    It's only 1:46 am here so i'm still waiting. Nothing new yet.:rolleyes:



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  • coolpal
    02-02 10:43 AM
    I have applied for H1B extension with my original h1 company (a consulting firm) and due to some pending queries regarding the h1b applications in general for my company, my h1 extension was in pending state with no updates. (I applied around Jun 15th 2008).

    Later in dec 2008, I applied for h1 transfer with a new firm, and got a RFE on Jan 7th with similar requests... My lawyer asked me for all my W2's since 2005 (my original h1 start year), pay stubs for the last 4 or 5 months, and letter from end client, prime vendor and myself stating job responsibilities.. I have collected all this information, and they are going to respond to the RFE this week. I hope all goes well...

    I have EAD to fall back in case they reject it. But seriously, I was never out of status, or unpaid (unless while on vacation to india or elsewhere).. came to US in 2002 for masters and worked on CPT/OPT for about a year before starting on h1b in oct 2005.

    Looks like they are really keen about the consulting firms' benching etc., Hope we;ll all get thru.

    Good luck!

    pal :)





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  • raysaikat
    01-15 09:21 AM
    Hey Everyone,

    My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.

    Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.

    So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.

    Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!

    For F-1 visa, you need to show non-immigration intent; i.e., you do not plan to immigrate to U.S. In your case, the combination that I-130 is pending, you want to apply to a university that does not have your major, etc., sends a very bright red flag.





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  • sc3
    11-24 07:13 PM
    Well hollow or shallow does it help you?

    hmhmh =------- NO!

    Stop questioning EB2 or EB3, they both represent EB community. Yes you maybe right about people thinking about EB2 faster thatn EB3,

    But have you followed the bulletin lately?

    And the ways things are going, do you really think EB 2 will clear fast and then EB3 will gain a faster movement?

    Golden Answer? NO

    Whether you like it or not, we need each other, the impact is always greater when the intensity applied to it is greater.


    You can keep thinking about how hollow you and I are, but the fact is we both need each other. Everyone see's us as EB community, not as EB2 or EB3,

    Most of those Morons don't even understand the difference between H1b and green cards,


    So get yourself to think EB community as a whole, not EB2 or EB3, or who benefits first?

    So, is that a yes on getting USCIS to follow the law? As I said, it is about getting USCIS to follow the law, it is not EB2/EB3 centric. Given that the demand for Eb3/EB2 that is going to see-saw, this should be an action item that will benefit EB on a whole, not a particular sub category.





    jsb
    10-15 10:55 AM
    Thread is for November bulletin, and I find discussion on houses !!





    needgc2004
    07-20 09:53 AM
    When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?

    I am waiting Since DEC 2004. You are not even close to the Heaven Gates :D May be you will have card in 2012,2013 around :-)



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