Wednesday, June 15, 2011

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  • valuablehurdle
    06-21 01:16 PM
    My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.

    Labor filed: April 15th, '07 EB2 'In Process'




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  • akilaakka
    12-10 03:31 PM
    Please see link below

    Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)




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  • pbojja
    09-11 09:40 PM
    Sent the book...See changes in the original msg.
    http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2

    *****************************

    TO
    The Honorable Emilio T. Gonzalez (Director)
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529
    ***************
    My Message:
    Hon. Mr. Gonzalez,
    I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
    This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
    Thanks
    My Name
    ****************
    Note: On Amazon you must select gift option to add the message. No need to wrap it.

    Absolutely , Do you have the address and responsible person for DOL,NSC,TSC? I just want to modify the letter and want to seek each ones responsibilty.

    Lets get together folks and try to get some answers from DOL and USCIS , dont sit back and relax ..Its for every one ...lets get some thing kicked off

    Stop Worrying ...Stop Talking ...Start Doing ...

    Some may be worried to reveal identity ordering online ..lets buy 14 math books from local book store(or dollar store) and send 5 books to USCIS , 5 to DOL , 2 to TSC , 2 to NSC with name " GC aspirant from India or China" ...what do you guys think ? shall we kick this off this week end with differnt message to each one of them involved ?




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  • newbee7
    07-05 12:16 PM
    We must try to aviod the I485/ EAD language though.



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  • ItIsNotFunny
    11-21 05:08 PM
    You are correct Chandu. I confirmed with attorney based on some discussion going on in other thread that made me concerned. H1B and GC are complete independent for status.


    I think you are wrong ( I just think)

    H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.

    So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.

    This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...




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  • hiralal
    03-06 05:20 AM
    Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.

    I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.

    you should have asked - is there anyone left here who has not given up. look at plus side - you are not from India / China - I would go to venezula under Chavez's rule in a blink (if I was single ) just for the pretty girls .. jokes aside --
    first there is hope (when you first apply) - then impatience - then despair (as you count the lawyer / USCIS fees over the years) - then anger that nothing is happening - then bit of depression -- then FINALLY you attain NIRVANA -- the bliss (the money saved due to uncertainity helps) !!!! and you realize -- it is just a silly card.. if it has to come it will come. it will come when it has to and why worry about a card when economy in US is lethargic and around the world things are improving.
    so have a backup - enjoy life - look at positive side (maybe you didn't buy a overpriced house because of the GC uncertainity etc) and don't worry ..LIFE is too short .



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions




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  • learning01
    04-25 05:18 PM
    Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.

    Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
    These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.

    I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.

    1. Priority date should be date when the person enters the country.
    2. The person should have paid taxes consecutively for n years(n=3.4.5...)
    3. This should be applicable only for H1 and not for any other visa categories.

    If the above is not possible, then

    1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.



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  • beppenyc
    03-16 10:10 AM
    I have just called, same answer...




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  • nashorn
    08-12 02:45 PM
    Where did you file your 485, and where is your 140 approved or pending, NSC or TSC? My impression is if your 140 is approved or pending at TSC, but you filed your 485 at NSC, your application will be transfered to TSC, and TSC will cash your check and issue your receipt. That is going to take more time. Correct me if i'm wrong. Any July 2nd filer in this situation has got receipt or check encashed by TSC?

    I know a friend whose application was recieved at 10:45 AM on July 2nd at NSC, he got the receipt number in July III week, our application was received at 8:26 AM on july 2nd, nothing till date, checks haven't been cashed...no updates!!

    So dunno how they are picking the applications, anyways there is good news that they are working on the July 2nd applications, and more & more of us are receiving the receipts numbers.:)



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  • mirage
    08-04 11:36 AM
    There's no law that employer should borne the cost of GC. I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs. I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer. I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade. There are atleast 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...

    >> I want to bring to your attention that it’s been nearly a “Decade” since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    Good Luck.[/COLOR][/B]




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  • learning01
    04-25 02:06 PM
    offline means talk in private emails, private messages and send conclusions to IV core team for including in thier next goals, once most of present goals are achieved. Thanks. Let's concentrate on the main work here.
    I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..

    I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...



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  • willwin
    06-10 01:57 PM
    That is true and IV core member Nixtor had given details about this visa movement more than a month ago in the all state chapter conference call. This call was strictly for state chapter members of all states. IV core has been meeting DOS and USCIS regularly to find solution to the problems our members have been facing.

    Pls take part in the call campaign and contribute funds to be able to find relief.

    I don't follow. Are you saying that DOS is disclosing VISA bulletin to IV (core members) even before the actual date of bulletin???




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  • eb3_nepa
    07-15 09:25 AM
    New Day today.

    Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.

    Also let us remember to update our signatures and include a link to this thread.



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  • sunofeast_gc
    07-23 06:27 PM
    This is aboslutly not possible; he/she is trying to fool every one. Before retrogression, the last date to file a 485 for a EB3-Indian with PD 08/2004 was 12/31/2004. From Jan 2005 till July 2007 EB3 Inida was retrogressed for his PD. So he/she could not apply 485 in Feb 2005. The other optins could be he/she may be in EB2 catagory or a Schulde A nurse.

    I was in similar time frame; So I know the date well....

    Same thing came in my mind too....
    it must be EB2 or a Schulde A nurse

    anyway it good to know that someone got GC...




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  • GCSeekerCT
    03-04 07:34 PM
    I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.
    You mean Fancy, big building institution, I think. There are no high-profile banks left anymore. They lost their integrity in screwing people and are not to be trusted.



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  • pankajkakkar
    08-08 02:22 PM
    Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.

    IMHO, it is important that we stick to facts when we write articles/op eds etc.

    You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.

    Pankaj




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  • GCAmigo
    03-13 09:49 AM
    As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.


    I feel 'cabal' is too strong a word.. secrecy may be but I don't see any conspiracy here..

    ~GCA




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  • vin13
    03-12 11:46 AM
    I feel contribution campaign for a specific initiative will have a better result than a general contribution.

    The home page should show all the initiatives that is being worked on. Who is leading the effort and then people can contribute for those efforts. This way everyone will have a say in what they feel is more important by contributing more to that effort.

    The reason i feel this is because currently the only way i can understand the progress about any initiative is by constantly reading the forum. A lot of times people change topics and open several threads. I need to keep pace with the posts. I spend several hours a day to keep up. I may not be able to do this forever.

    Legal employement based immigration has various aspects.Initiative are vast ranging from F1 visas to Advance Parole. If we break the contribution by initiatives, people can visit those areas so they can contribute their time and money more effectively.

    Just my 2 cents.




    trueguy
    08-14 11:40 AM
    Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
    Relax guys.:)

    Mexico EB3 has been Unavailable since last 2 months so why USCIS will make a special comment about that country.

    I am sure DOS is referring to entire EB3 Category in their Sep'08 Visa Bulletin. No hopes for EB3-I if PD goes back to Apr'2001 again.




    lskreddy
    04-30 03:55 PM
    Jeez, they are done. I am freaking dumbstruck for the sheer lack of substance in the discussion. Gosh, what a waste of tax-payers money!!



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