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  • leoindiano
    02-18 08:25 PM
    I dont think it will be passed. They included so many things initially. After discussion they will drop the thing one after another.

    There are two sections related to us.
    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
    TITLE VII--EMPLOYMENT-BASED IMMIGRATION

    If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.

    Agree,

    this is such a waste if it passes. I am sure there will be another application like (I-420). Another Q you will have to stand in and wait...wait...wait...





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  • vkotval
    12-28 03:01 PM
    Just wanted to share this link with you all

    http://www.murthy.com/news/n_analys.html





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  • rajuseattle
    07-14 08:23 PM
    ajthakur,

    dont worry about LUD on 07/13, that was a generic update.

    My wife's approved I-539 (H-4) from 2005 received LUD on 07/13, so that's nothing to do with your current RFE situation.

    I think you are scared of your past employer or you are worrying too much, god knows what he has asked you to do which you dont want to mention on this forum, but if he has threatened you or if he is doing some illegal activities you have the protection under AC-21 for reporting such employers to USCIS and DoL. Please read the USCIS (Neufield) Memo published in May 2008.

    Please let us know whats going on with your ex-employer, if he is trying to get some money from you or abusing you, you can very well report him to DoL and you will be fine under the new AC-21 memo which protects such employees who are whistle blowers and you are fully protected under US laws.

    Lot of the times desi blood suckers abuse their employees and this is the reason USCIS came up with whistle blower protection under AC-21. your competent attorney can use this special provision and argue with USCIS why you were forced to change employment after filing your I-485 back in July 2007 and you switch the job under AC-21 provisions in August 2007.

    dont worry too much, try preparing your AC-21 letter and Employment verification letter to answer the RFE.





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  • hpandey
    06-10 12:58 PM
    @hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.

    I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.

    Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.

    If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .



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  • styrum
    01-18 04:05 PM
    Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.

    Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?





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  • rajivkane
    07-20 10:42 PM
    Hi!

    My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.


    Regards,

    Raj



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  • Circus123
    02-20 04:05 PM
    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.



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  • alterego
    02-20 04:39 PM
    Thanks for sharing your insight.





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  • priderock
    06-22 04:39 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.

    Can you please point me to a link where USCIS asking for a color copy of DL and Passport? My lawyer did not even ask for copy of the DL and B/W copy of the passport was good enough.



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  • Raj2006
    06-10 04:49 PM
    done.





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  • prinive
    04-07 05:09 PM
    Thanks..

    Congrats buddy!



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  • chanduv23
    07-13 01:57 PM
    A RALLY IS BEING ORGANIZED IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
    DONT WASTE TIME ON NEGATIVE ENERGY.

    http://immigrationvoice.org/forum/showthread.php?t=10086





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  • chanduv23
    11-11 12:59 PM
    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?



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  • survu
    06-20 02:20 PM
    Got GC for me and for my wife.
    It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
    No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.

    Here are the dates:
    I received the card order production mail on 9 June 2008.
    Received the welcome letter on 13th June.2008
    Received the Card on 16th June.

    PD: June 2001 - EB2- India
    I 484 applied on 28 th June 2007 - NSC.
    Finger print on Aug 26 th. 2007- NSC.
    Sep 26 Got EAD. 2007 - NSC.
    Original Labor - Sep 2002, Approved in 2006
    Labor substitution on May 1st week. 2007 - NSC.
    140 approved on May 2nd week. 2007
    Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
    I have not sent AC21 letter.
    No LUD after finger print.
    GC Card received- 16 June 2008, me and spouse.
    Thanks,





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  • bsbawa10
    03-09 03:48 PM
    hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o

    I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.



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  • Jaime
    09-10 04:32 PM
    We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!





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  • abd
    09-23 01:54 PM
    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?

    The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00





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  • Buran
    02-15 02:40 PM
    How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
    Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.

    70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?

    Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.

    I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)





    Ramba
    02-21 01:21 PM
    It is very difficult to predict how the cutoff date movement from april to september. All depends on how many EB3-ROW applications are ready for approval by March 8th, due to 2 years movement. After july fiasco, there are tons of fresh 485s got filed (may be 300K to 600K). There will be considerable EB3-ROW applicants to consume all the visas remaining in this year. As USCIS processing 485s based only on recived date (not by EB catagory not by PD wise and not by and countrywise), it is very diffcult to conclude that all the EB3-ROW 485s with PD before 2005 currently pending with USCIS, will be ready by March 8th to consume all the visas. If EB3-ROW consumption by march-8 is less than what DOS projecting, there may be a further movement. Depending upon DOS staergy, the remaining movement may be in EB3-ROW or EB2-In,CH. EB1-IN,EB2-IN, & EB3-In might have alrady consumed its quota. The only available numbers for Indians are spill over. So, depending upon DOS policy there will be a movement in EB3-ROW or EB2 In-CH. Other animal that affet this situation is, new policy of USCIS for very old name check cases (about 50,000). If the EB3-ROW has more name check victims, then movement for India will not be possible. So, its is very difficult to predict.





    ajthakur
    07-14 06:30 PM
    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?