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  • PresidentO
    02-11 01:19 PM
    Read this
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    and tell us, where do you see 13,000 unused numbers?

    Desi3933,

    +1

    People keep falling for the attorney's sensationalism. If he is so *darn* right, why does not he got to DOS and get an explanation on why they did not extend dates further and why DOS did not do the math right. Just because you have a blog does not mean that you can write what ever you want. Well I guess you could. Obviously, our fellow members think that they really lost a chance at the green card. An attorney writes a piece of crap with out substantiative evidence or an authority such as DOS confirming underutilization of visa numbers and our members go on the roof and start yelling What is IV doing?

    If any one has looked at the bills sponsored by congresswoman lofgren in the past congress, one of the bills eliminate the spill over of visas from FB to EB and vice versa. If the numbers are coming into EB from FB this year, FB was the one that was supposed to get numbers from EB last year. As I recall during the final Q of 08, DOS announced that there were 22K visa numbers or what so ever that came in from FB and moved dates all the way into Aug 06 for EB2 India. Hence there must *NOT* have been any spill over last year and DOS unable to walk on the slippery slope actually issued 1120 more visas as you pointed and benefitted AOS applicants.





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  • samy
    11-11 04:47 PM
    Please come up with ideas. Remember - IV core looks at all the posts and get ideas from the forums. You may want to start a thread saying - Lets all put our constructive thoughts about moving ahead with Obama administration here. People can posts their ideas, plans, implementations, strategies ...... and we can all discuss.

    Rajuram - your concern is valid and basically what is happening is - IV now needs some dedicated new generation members who can make a difference. thats how IV has been working from the beginnibg, people come and go - so do admins.

    You can help in this way by opening a thread to share new ideas and strategies.

    Wise words from a Senior Member!

    But people here are not ready for new ideas. They are dreaming that Obama will install a GC card printer and start printing once he sworn in.

    I presented an idea recently, as a temprory fix in these tough times. All I got was couple funny replys that has nothing to do with my plan. Also I got few red dots as a bonus.

    Many gave up hope I believe.





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  • Jaime
    09-10 09:13 PM
    I wish these bills the best! Also, once we have a new president we will have another shot at solving our immigration woes! Let's go for it guys!





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  • NKR
    10-16 02:09 PM
    Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.

    I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.

    Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.



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  • uma001
    07-29 09:20 AM
    Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration

    The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
    A promise is a promise whether verbal or written.
    In this matter desi consultancies are far better.





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  • raj2007
    03-07 02:50 PM
    I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.

    My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.

    Thanks,

    Your vendor is desi guy?
    I have never seen vendor informing the employer.
    You are ok even if he cancels ur H1.



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  • GreenCard4US
    07-13 07:20 PM
    Reputed lawyers like Carl Shusterman came out the very next day swinging with hard hitting statements. What was Murthy doing then? I have been ripped off earlier by Murthy. Anybody who has spoken to her will understand that she is all about $$$ and nothing else. I hope by our posting, others don't get ripped off and see her true colors...





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  • hebron
    08-10 06:13 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

    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.

    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


    Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?



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  • Administrator2
    06-11 12:22 PM
    Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

    So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.

    Don’t think you understand so let me give it a shot.

    We just got off a conference call with our coalition partners. This is a real threat. Everyone, including some of the largest of companies on the planet think this is a real threat. It you are a lawyer or if you represent some law firm, then please go back and get busy with entering items like first and last name in a simple immigration form. This is not your area of expertise.

    Experts with this are saying that the language is deliberately kept vague. Some of the terms used in the language of the amendment do not have direct corresponding visa. Since we don’t trust the guys behind this amendment, we think they have deliberately kept the language which is not precise.

    Consider this as a kick-off for the election campaign. The real risk is, even if this amendment is defeated, between now and the elections we will all see many similar amendments. At some point Senators will be forced to vote on an issue which is pitched as “American citizens” v/s “foreign workers”. Experts believe that anti immigrants will try to push this amendment in middle of the night in the must pass bills.

    Some lawyer, for the purpose of pandering to the client base, is of the opinion that this amendment does not affect EADs. In the grand scheme of things this is plain wrong because he/she will not be asked to leave the country if such an amendment passes in the middle of the night. Just engaging in name calling Senator Grassley or calling the Senator pig face is not going to stop the amendment. Please grow up and get real. Your pandering may get innocent audience to believe that there is no real threat even when everyone with any real sense of expertise is scrambling to oppose this amendment.

    Immigration Voice and its coalition partners do not see this amendment in isolation. We are hoping for the best and preparing for the worst. And for the lack of clarity from the amendment language, we think that the intent of the amendment sponsors is to see us all out of here.

    There is no simple way for the anti-immigrants to throw us all out in a single stroke. They will always engage in systematic elimination of everyone starting from the most vulnerable. The language is vague and it could be interpreted in lot of different ways. It is not wise to look for the most favorable interpretation of the language to find reasons for not doing anything because in the end our interpretation will mean nothing.

    Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?





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  • hopefulgc
    10-15 04:35 PM
    ^^
    This is exactly what we need. Let us get going on this people.
    Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.



    IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.

    Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.

    FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.

    If you are really information hungry, this is your chance to get it.

    (1) Download attachment

    (2) Replace John Doe information with yours & print it

    (3) Notarize it and mail it



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  • GoneSouth
    03-07 08:38 AM
    Get a new attorney. Seriously.





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  • Wendyzhu77
    07-24 12:48 PM
    I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
    Continuing on this forum with more generic title
    http://immigrationvoice.org/forum/showthread.php?t=10383

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.



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  • ramus
    07-06 03:13 PM
    New members and old non contributing members who were questioning why we need fund if we not going for law-suit, I wish now they will understand with the recent development that why we need money.. Because of IV we are having our voice heard. Just think where you could be and who will listen to you if there is no IV..

    I hope new members will come forward and old members will come out of dark and will contribute..
    Thanks.





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  • flresident
    04-08 11:36 AM
    I went to India for vacation in Dec end, 2008 and came back on Jan end, 2009.
    This was my 4th trip in 8 years.

    POE: Atlanta with my wife and 2 kids.
    process was lengthy but lady officer was very nice, usual questions, no issue at all.

    I renewed my H1b stamp in India also. same. usual questions about my job and visa. some questions to my wife also for H4 renewal. No issue at all.

    I hope this helps (in calming down) guys who are visiting india. No need to panic if your documents are ok.



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  • drirshad
    07-01 09:08 AM
    AILA attorney message confirmation:



    Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
    Potential Retrogression - news from AILA:

    On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.

    This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.

    Alex Berd, Esq.
    AILA Member
    Berd & Klauss, PLLC
    44 Wall Street
    New York, NY 10005
    Ph: (212) 380-1291
    Fax: (212) 461-7153
    Skype: alex.berd
    Website: www.berdklauss.com





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  • sodh
    07-24 01:35 AM
    Pappu, Others:

    My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.

    What are my options now? If you have any insight please let me know.

    I was wondering about doing one or both of the following two things:
    1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
    2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.

    Thanks!
    Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.



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  • desi3933
    02-04 01:44 PM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.


    My comments are in blue ....


    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?
    Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    There is no such regulation at this time.

    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    There is no such regulation at this time.

    I mean when do I have to inform USCIS if at all?
    In the event of RFE.

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
    Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally


    Priority Date: Feb 2006


    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • chi_shark
    03-11 11:08 AM
    I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
    I have seen high activitiy in the last few months.

    man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)





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  • hpandey
    06-10 12:46 PM
    I think we should also work on making sure that Mr Grassley et al don't get elected to the Senate the next time so that they are not able to bring these useless racist amendments. They will only realize it when it will hurt them politically. All the H1b's and AOS people have relatives or friends who are well qualified to vote . They should encourage everyone to vote against these bigoted people .:mad:





    Jaime
    09-13 03:47 AM
    Tens of thousands guys! We can do this!!!!! All of you within driving or train distance of DC, see you there guys!!!!!!





    gsc999
    04-23 01:17 AM
    I was the first person in the QnA - disappointed at the intent of this meeting - they really care about illegal immigration - not once legal immigrants were discussed. It was a farce and IV was just used as an organization to show support to him - very disappointed.:mad:
    ---
    Say What????

    I agree with Sanju, Janak and Arun. Many other IV members I met had negative feedback about your question. Irrelevant to our cause.

    Btw, I was the guy wearing IV T-shirt.



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