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  • bsbawa10
    05-09 05:50 PM
    I am all for law suite. That is the only thing that will work if it will. I have also written to whitehouse.gov/contact.

    Thanks.




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  • mallikonnet
    02-15 10:50 AM
    Feb 15, 2011 08:50:00 PST
    Transaction ID: 12V53395N71013416




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  • gc28262
    05-01 01:17 PM
    How can an EB dependent file in Family category ?

    For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.

    Family category:
    Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?

    2 conditions need to be met for spouse to apply

    1. Primary should be having his greencard.
    2. PD should be current for the spouse in family category.


    Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.




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  • reachinus
    07-07 08:23 AM
    There is no wrong doing by DOS by changing the VB, but the timing is wrong. They should have changed it as soon as they released it or else atleast by 25th or 26th to prevent some damage.



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  • gc28262
    03-06 05:22 PM
    Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:

    http://www.eeoc.gov/policy/docs/national-origin.html#IIA

    This link says employer cannot discriminate based on country of origin.
    USCIS/government is free to discriminate against country of origin.




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  • mchundi
    12-15 02:09 AM
    I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.

    But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
    Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.



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  • alterego
    03-08 05:15 PM
    I agree that now their spillover policy is more horizontal than vertical.
    Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
    Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
    On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
    Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.




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  • ushkand
    08-05 05:54 PM
    Hi guys,
    My first H1B (2003) had LUD on 14th of July...and today there is a LUD on I-140. My I-140 approved in March 2007..PD is March 2005...Is it good indication that they are doing something with my I-485 case? My application reached NSC on july 2nd (not sure about time as my lawyer sent those papers). My I-140 is from TSC.

    Mine is pretty much the same situation and see a LUD of 08/05/2007 on my I-140 today. Hopefully I will see checks cashed in the next couple of days. Fingers crossed. :confused:



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  • perm
    05-03 08:51 AM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm




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  • EndlessWait
    07-05 01:28 PM
    The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.

    In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.

    On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.

    For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.

    They might just create panic out of innocent lovely flowers.



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  • dontcareanymore
    07-28 01:37 AM
    Sorry if I am dashing the hopes of some and sound too pessimistic , but I think I have the right to be one , and this is what I feel where we are headed:

    1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.

    2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.

    3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.

    4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?

    What do we have in store :

    Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.

    Don't loose sleep over some one else getting GC ahead of you. Try to live your life.

    Do what ever you can to better the situation. It depends on what you believe.

    If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.

    if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.

    Don't be surprised if your hopes are dashed.

    At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".

    I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)




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  • psk79
    08-22 10:12 PM
    Hi,
    I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...

    AWESOME !!!! CANT WAIT TO GET OUR DAMN RECEIPTS!!!!!!!!!! GLAD TO SEE THE SECOND CASE OF TExas I140 with NSC I485 filing!!!!!!!!!!



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  • coolstonesa
    05-03 07:04 PM
    Compare this stupid, never ending GC process with the Canadian one. Back in 1996, I got my Canadian residency in 5 months when I applied from India. Within 3 yrs i.e. by 1999, I got my Canadian citizenship. I know Canadian GC process takes more time now but it is quite straigtht forward and you can self sponsor.

    I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.

    I wish someone can understand our sufferings/ pain.


    I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.

    Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.

    Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.

    All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.




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  • dtekkedil
    07-05 02:49 PM
    Hey Prashant can you add the plan of action into your first post on this thread?



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  • GC08
    09-12 07:44 PM
    Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!

    No, it seems as per the latest USCIS update (on Sept 7, 2007) the NSC has completed issuing receipt notices till July 28, 2007, and TSC till July 2, 2007.

    Do you have any other updates?
    Thanks.

    I probably did not remember the date correctly. Anyway, it does not sound so promising.




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  • willgetgc2005
    10-18 12:12 AM
    PAPPU,

    I think we all understand we are in this together. No doubt.

    A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.

    I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
    this is a good (or a bad ) idea and suggests what to do, our members will be energized.

    For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.

    Also, the same letters signed are ready in an envelope to be snail mailed.


    So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.

    Thanks.

    __________________________________________________ ___



    IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change



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  • bostonqa
    06-11 01:37 PM
    at some month before OCT 2007 the dates would become unavailable.

    what would happen at that time?

    say your case was received by USCIS and they have not issued FP notices.

    what if they issued FP notices but not issued EAD and/or AP.
    would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)

    any ideas?


    I think the answer is yes, we will get our EAD and AP.

    USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)

    they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP




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  • vinabath
    04-23 09:39 AM
    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.


    nice post by 'kshitijnt'.




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  • royus77
    07-11 10:27 PM
    Originally Posted by conchshell
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about. :D.......




    ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.




    gujju
    08-20 09:20 PM
    No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:

    Are we heading into another fiasco ?????? :confused:

    PD:Dec 05
    1140: TSC June 06
    I485/I765/I131 sent to NSC

    MBawa ,

    When did u mail your application .I have also not received my receipt for application filed on 18th June



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