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  • jsb
    08-11 09:21 AM
    We need our messiah VLDRAO...
    He s the MANNNN...
    he predicted July 2007 fiasco and then he was the guy who fought for us...
    VLDRAOOO where are you...
    Please make dates current for everybody...

    Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.

    They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.





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  • sonia_sd
    03-09 01:47 PM
    A country that was built on immigrants paying with lifes of future immigrants - i dont know when this drama ends !!!





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  • thomachan72
    04-11 09:32 AM
    Before taking up any agenda, check with IV core whether it is the right time.

    If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?

    I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
    We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
    I am certainly not discouraing anybody....
    On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
    Personally, I therefore feel more inclined to fight for these:-
    1) Taking of the per country limits (toughest one)
    2) Allowing change of status application irrespective of availability of visa numbers
    3) Allowing for H1b stamping from within the US
    4) premium processing of I-140





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  • GCanyMinute
    08-02 03:17 PM
    The unavailabilty of a Visa number does not 'cancel' an I-485 that has already been filed.
    It merely means that one cannot file an I-485, OR if one has previously filed (during a period when cut-off dates were not retrogressed) an I-485, it cannot be approved.

    USCIS may have proceeded very far on your case... but they (like you) must wait for an available number before approving your I-485.

    By the way, I'm in EXACTLY the same boat as you: my PD is 03may02, everything but I-485 approved. My only difference was that my i-140 was approved in may 2005, a month before the retrogression crash: just missed getting GC, now expecting to wait 2 more years.:(

    Thanks for your comments!! it is good to know that i'm not alone in the road lol !! but hey do you really think that it is gonna take 2 years for our PD ?? That's just crazy I don't know if I'm willing to wait that long... (of course I'll but ya know just some drama :p )



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  • uma001
    07-29 05:11 AM
    A sure invitation for defamation suit. Good luck.

    There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.





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  • snathan
    08-21 08:20 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.

    I am not sure what you are trying to achive here by trying to prove your legality. Normally the USCIS wont come after you immidiately. But once you are not able to provide what they ask, they might deny your I-485 and ICE will be at your door step. So try to fix the problem before its too late rather than wasting your time here.



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  • jcmenon
    07-25 01:22 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.

    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.





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  • paskal
    03-16 11:19 AM
    to see you get defensive and try to make a case etc...........it amuses me........thats why i am doing it!!! :)

    Dear friend,

    We are not here to denigrate others. Neither are we interested in the kind of stereotyping that Lou Dobbs engages in.
    I see you have not even bothered to complete your profile. So much for your bravery, railing at people anonymously.

    Real good company and really god job huh?

    I work for a REAL good company too, and I'm willing to bet my GC I make more money than you. Get it?
    I have been here 12 years, I have education from the best schools in India and in the US (yes #1 ranked schools). The system still sticks me in EB2 with morons like YOU. So stop whining. The system is broken and we are trying to get it reformed. Isn't that the whole point? Hopefully you are lifting your little finger to help occasionally.

    Consider this a warning. This needs to stop.



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  • nixstor
    07-05 03:58 PM
    First of all Nixstor everybody here really appreciates your contributions and support for the community. However, we have to remember that when there is a need people will act. You did no harm by making this very important point. Ofcourse the site might not be converted to a paid one, but your post really brought out certain very important points to light and we really appreciate that. You are right there are many who benefit without contributing. But we have to remember that any efforts similar to this (IV) will cosist of a huge population. Out of that there will always be a percentage who will never contribute and some selfless people like yourself who always take the extra step to help others and in turn recieve help. If this site becomes paid many might simply cut of their visits. And I wont argue with you if you say that aint true. Personally I feel we might loose a lot of the memberships if that happens. Regarding the present fight against the uscis, I dont even think we are in need of that big a sum because the AILF is taking up the case free of cost (correct me if I am wrong). You may / may not contribute. They are already decided and they will fight. Now the drive for the future CIR if any, will go on slowly and can be increased as need arises. More than money what we need now is people sending out information to the media / politicians. Money comes last now, as far as I know.

    Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.

    I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.





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  • shreekhand
    08-15 06:05 PM
    That is a fairly correct list of has_to_happen! but do you know there is a significant number or June 07 filers who have passed all these and have got their I-485 approved in the past week or so from the TSC. See and immigrationportal!


    thats provided
    a. their I-140 is approved
    b. fingerprinting is done.
    c. passed the fbi name check.
    d. their case made it to the hands of adjudicator who is taking a final look at it.

    it is difficult to finish all these in less than two months.
    but you may never know, there might be some lucky ones.
    just hope that we all are that lucky :)



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  • pkv
    03-17 04:36 PM
    Hi,
    We filed I-485 july last year, but didn't file for EAD.

    Now I want to file EAD for me and my wife, she is on H4 right now.

    The main posting talks about filing everything together.
    Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?

    I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?


    Thanks,





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  • vkrishn
    07-13 01:57 PM
    I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.

    Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.

    I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?



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  • paula
    03-21 05:44 PM
    EB3

    Labor PD - 6/2/2004
    Labor cleared - February 2007
    485 filed - August 17
    140 cleared - September 2007
    EAD card - November 2007
    AP - December 2007
    485 pending.





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  • lordoftherings
    09-26 11:01 AM
    There is a blog there in the article. Have you guys seen that how misinformed americans are about H1B.

    There is a link - To write a note to the editor about this article, click here.
    I clicked it and send this message to CNN's editor. All of you can do the same...


    Dear Editor,
    Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.

    Not sure what is the source of your information. But it is ill-researched and is skewed in nature.

    yours truly,
    Legal Skilled Immigrants from across the World living in USA



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  • redgreen
    08-10 08:38 PM
    So according to this interpretation EB1 also will be retrogressed till everybody from previous years gets gc !





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  • nk2006
    12-27 08:54 AM
    GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..

    I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.

    The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.



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  • cygent
    03-23 10:18 PM
    How do you know if labor is EB2 or EB3?

    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!





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  • GCard_Dream
    03-18 05:57 PM
    The line "But those extra numbers would need to be made available to China/India applicants on an equal basis" made me confused. I guess the statement above would still be true if India and China had equal number of pending cases with similar PDs then both countries would have received equal number of unused visas. I missed that fact that visa allocation was by PD. Thanks for the clarification.

    Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".

    When they use this spill over, only PD is imp not the country.





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  • bigboy007
    06-11 11:11 AM
    See below what Anti Immigrants are doing. Each and everyone visits this site should sign what IV have given the link

    The following makes no sense it is utter non-sense.


    COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS

    Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill


    Dear Colleague:

    Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.

    Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.

    At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.

    Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.

    The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.

    The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.

    If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.

    Sincerely
    Called up my friends, forwarded to dozens of my friends and asked them to forward.





    swissgear
    09-14 02:46 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.

    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!





    sodh
    07-23 03:27 PM
    Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
    Pappu is right your Lawyer is fooling you.