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  • karanp25
    07-14 06:34 PM
    That's possible too. Please share when you received this RFE?

    Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.





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  • ramus
    07-06 03:38 PM
    bump..





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  • alex99
    04-03 12:56 PM
    please participate





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  • cool_guy_onnet1
    02-21 10:29 AM
    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks

    My co-worker tried that and now has 3 RFE's to respond to.
    Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
    Be very careful-



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  • svr_76
    06-10 01:24 PM
    xactly. so the immi grps impacted are H1 and recent/new I-140 filers.

    In the past pure H1B holder (no intension to adjust or working for firms that dont sponser GC) were not actively participating in IV's activities as they were never impacted and had the option to stay away.

    This new rule-making definitely impact them..and should be an opportunity to join IV in more active way.





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  • waitingmygc
    02-11 08:59 PM
    The following question is for Gurus and those already got GC.

    Does the online status change from "Initial Review" to "pre-adjudicated"? How the preson can know that her/his case "pre-adjudicated"?



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  • rimzhim
    01-28 11:04 AM
    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
    I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.





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  • ushkand
    07-24 11:50 AM
    I can't say for certain but from recent USCIS actions and the latest FAQ released, I see them issuing an RFE instead of outright rejecting the application. If they will accept applications without medical, they should be able to do the same for an employment letter. Ofcourse, this is just my humble opinion.



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  • sathyaraj
    03-12 06:20 PM
    Hi BharatPremi:

    Thank you so much for your reply. I do not have any speeding tickets also. I have clean history so far. I am hoping that this will be cleared by this week so that I can join them by 03/24

    Regards
    SathyaRaj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • apb
    07-19 08:03 PM
    USCIS also checks whether you have been paying taxes. W2 alone does not help.

    I meant paying = filing taxes



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  • dtekkedil
    07-16 06:18 PM
    Guys,
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..


    The only way to counter this is to fax the senators and reps stating the "real" facts!





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  • RNGC
    09-19 01:37 PM
    I am in a IDEA mood today!

    In our website there is space for 5-6 lines where we have the picture of a cloud now...

    We should pick top 10 best slogans and display it there.....like each slogan should appear for 10 seconds and change it to next.....

    We should put a poll to select the top 10 slogans

    I personally like these ones....forgot the exact words..

    1."we keep your systems up and running...please help us keep our lives up and running...

    2. "we rollover cell phone minutes...why not visa numbers"

    3. "waiting for so long my hair is turning grey ....

    4. "GC delay....keeps doctors away"



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  • GreenCard4US
    07-16 09:12 PM
    Someone mentioned that IV has the same web fax facility. Can someone tell us how to use this facility. I registered with the numbersusa site and used their own fax to send out our message. I used the first name, last name and address form fields to put in our message like, "Bunch of Lies", "H1 pay all taxes", Numbersusa is spreading false information". Lets beat them at their own game by sending faxes ourselves and also using their fax service to spread our message. If its a good idea, please register on their site and send out faxes with our message.





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  • BharatPremi
    09-19 11:03 AM
    we made them understand the difference between legal and illegal immigration.

    Are you kidding or Are you seriously quoting this? Do you understand that very people you "made understood" are part of law making process? How can you say that they do not have understanding of "legal" and "illegal" immigration. Man, they are making the laws.



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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • GCard_Dream
    12-13 11:46 AM
    I should have known this. The procedure is right on the IV home page. Does anyone know when the next conference call is?

    How to submit your questions:

    Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Email with Subject Line saying : Seeking Legal Opinion.
    Email Address: legal_advise@immigrationvoice.org
    Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
    Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
    Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.



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  • gonecrazyonh4
    03-20 12:36 AM
    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.


    I agree with the points raised in the above post. If H4 dependents are given the right to work in this country things would be so much better and the wait for green card would not be so very tiresome. Not allowing H4's to work and making them completely dependent on H1B spouse is indeed a human right violation.As an H4 I have no identity in this country and the system makes me a complete dependent. (Please do not mail me back saying - If I am smart I can get an H1B, I am smart enough to work and contribute to this economy its just that my expertise may not fall under the tech/shortage skill category).

    Employers are taking advantage of employees because the current immigration process supports such exploitation. This exploitation is prevalent among both with Indian and Non Indian Firms in different manner.

    Also for whatever reason a number of people whose spouse is already working on H1B tends to discourage others from filing H1B for their H4spouses.I also see a similar trend where all those who has a green card wants the immigration law to be more ruthless to new GC applicants.If you look at the employment history of many among us you would find that they have come through the route of desi consulting firms fulling agreeing to the deal since they wanted the H1B at any cost.

    I am not commending or supporting the Desi/other consulting firms or supporting the violation of law or ethics. Rather I want to point out that till the immigration process is revamped these practices will continue and each one of us has to take a route based on our individual circumstances.





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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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  • sam_hoosier
    01-18 04:52 PM
    http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf

    This will help you understand the law...you didnt have to answer the police officer.

    Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.





    meimmi
    03-09 04:45 PM
    In my husband's case we dont have that much time.

    Here what our plan is:-
    1. Self file G-28.
    2. Follow up with an infopass appt. with in a month.

    Rest god willing. What ever is going to happen will happen. No one can stop it from happening.

    Hi, Did you send the AC21 letter yourself? Can you please let us know the format of the letter and supporting documents you sent? Also, please share the format of G-28 explanation. How was your experience so far? Did you receive any confirmation back from USCIS? Thanks.





    jfredr
    06-12 10:26 AM
    Kyl: CIR can be finished in a few days

    Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.



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