Wednesday, June 15, 2011

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  • gc_on_demand
    06-11 08:33 AM
    Folks

    July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).

    It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .

    I request all of you to call , if you have called then ask your friends and family members to call.

    Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.

    CALL NOW .... and Spread this message to everyone.




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  • hindu_king
    08-10 01:37 PM
    My application reached nebraska center on july 2nd at 9:01 am. no receipt number yet and checks not cashed yet. Is there a poll somewhere in these forums to see how many july 2 filers received receipt numbers?




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  • snathan
    12-16 01:07 PM
    we need to write to Sen Joe Lofgren now more than ever..she will try to push the legal bill..also we need to write to her to compensate for some of the waiting time ...so that it gets counted for the citizenship..at least from when the I-485 was applied..I think we will see some sort of push for this ..my only concern is that we again will get caight with the illegals and our issue will be pushed to the side

    Can some IV members in CA meet Sen Joe..?..and see what the Sen plans to do..

    time for some action now..

    One small correction. Zoe Lofgren is congress woman and not a senator.




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  • newbie2020
    05-02 11:00 AM
    Do we also need to contact the Senate Judiciary committee for any of these bills yet


    http://judiciary.senate.gov/subcommittees/110/immigration110.cfm



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  • vvrmurthy
    09-01 10:21 PM
    Arrived in Jul 1999. Worked for a consulting company till July 2000 as consultant (client - a major computer server maker). Joined the client July 2000. Even now, same job, same designation. Luckily my employer applied for EB3 BEC labor (May 2004). Since it got stuck, my boss convinced exec mgmt to apply for EB 3 PERM in Aug 2006. PERM labor got thru in Nov 2006. PERM based I-140 got thru in March 2007. Applied for I-485 in July 2007. BEC labor came thru in Oct 2007. Filed I-140 for BEC labor and it got thru in Feb 2008. Interfiled and now PD on I-485 is May 2004 (EB3 - India).

    On some site there was a way to know how many are ahead of me, given my PD, my nationality and my category. And looks like some 25,500+ EB3 cases are ahead of me.. Some 10+ years... Honestly, life has more to it than a colored card... let us move on with life... I will not allow the card to determine (ruin) my life...!!!!




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  • amitjoey
    03-12 11:53 AM
    I have been on a monthly contributions program that contributes every month to IV since JAN 2007. If this effort requires the money now, is there a way I can divert the monthly to this effort for the next 3 months. Or should I cancel my monthly contribution and just donate a lump sum for this effort?



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  • gc_on_demand
    12-11 05:06 PM
    Administration may not want to add that right now. I had poll long back to find out many of us are interested into it . Only few replied , with limited resources we cannot achieve any thing.

    IV core had same and similar job , AC21 on agenda for this year's agenda. FOIA was small side project at that time.

    Now coming to main point ... We see so many news that CIR is coming in early 2010. Administration may not want to add pre registration at that time when CIR passes and all dates become C for 2- 3 years. Then this pre registration will not help as long as you have labor approved. Whole admin fix is based on rule making process and that takes near to 6 months. Also new forms and new memo to all CIS dis offices. Way too for CIS my friend. They can be only on track with new process after year.

    If we could have done that last year then it might be helpful. Even I recently did some research and found that Pre registration process that those lawyers talks to attract us is for H1B. CIS wants to implement for H1B and then try out for other non immi worker category and then for Green card applicants. I bet you we will get GC by then.

    So we can contribute to IV and have IV to work on our stuff. Removal of country cap , STEM , Recapture etc.. That should easy line for all of us ( EB2 and EB3 )




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  • Ramba
    10-21 04:07 PM
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.

    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.



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  • JazzByTheBay
    09-12 12:04 AM
    This is great... thanks! :)

    Dear XXXX,

    The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
    The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
    Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
    Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
    Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.




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  • lonedesi
    08-08 08:22 AM
    People who have been waiting for I-140 approvals from TSC & NSC and those filed during Jun-Aug 07, please join this campaign to make it effective. Unless people who are suffering, actively participate in this campaign, we will not be able to achieve anything. Its still not too late...get those letters (modify to your personal situation) and get those DHS Form 7001 completed and mail them out soon. We need to act now, instead of just expressing our frustration on the forums...fight for yourself, no one will do it for you. If not, USCIS with the idiotic rules, will our petitions still pending even one year from today...for some or other reason.
    My sincere thanks to members who have already mailed the documents. Please leave a comment on this thread, so that we have an idea about how many people actually took the time to send it out.



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  • GCard_Dream
    07-06 01:00 PM
    I see that we all are very busy fighting amongst ourselves. Did all of you get a chance to "Digg" the story so it gets maximum publicity possible? This is the only story so far that carefully analyzes the 485 fiasco and longer it runs the better it will be for us.

    Please take a min and digg it. You'll be doing yourself a favor.




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  • tnite
    07-11 07:18 AM
    I couldn't believe this. Wonderful news. Thanks

    But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.

    Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
    But the Eb3 news is not good.
    just my 2 cents



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  • gc_waiter56
    07-06 10:59 AM
    All,

    Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.




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  • AllVNeedGcPc
    05-20 09:08 PM
    ...Thanks God

    Enjoy these moments.

    Here's my journey so far.

    0. Arrival - 1999

    1. Initial labor
    a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
    b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

    2. EB3 I140 (NSC)
    a. Filed - July 2nd 2007
    b. Approved - 2008

    3. I485 (NSC)
    a. Filed - July 2nd 2007
    b. RFE - April 2009 (EVL for me and visa history for my wife)

    4. Perm
    a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
    b. Filed - Oct 2010 (No experience used only MS)
    c. Approved - Dec 2011

    5. EB2 I140 (TSC)
    a. Filed - Jan 2011, Premium Processing
    b. Approved - Jan 2011 (original A# and Priority Date retained)

    6. Interfiling
    a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
    b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
    c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
    d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
    e. Late April 2011 - Sent emails to NSC update, TSC update and TSC auto-current-date address
    f. Early May 2011 - Contacted Congressman

    6. Approval - Occurred the evening Congressman called NSC
    a. Mid May 2011 - CPO email and cards within a week



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  • Jimi_Hendrix
    11-27 11:18 AM
    Hi All,

    Thank you to all those who attended the first meeting! I am attaching the excel file for you to complete. I have included instructions in the file itself but let me know if you have questions. Please fill all the columns against your name.
    Our next meeting will be on Thursday at 7pm PST. The tasks for our next meeting are as follows:
    1) Complete the excel sheet (instructions are included).

    2) Brainstorm about possible locations where we can put up a booth to register new members � someone had proposed contacting student body at UCI, we can discuss this.

    3) Take a look at the IV power point presentation and propose how we can tailor it to our needs. We need a presentation to show to our house reps when we visit them (This will be found on the resources page)

    4) Go through the IV template for business cards along with instructions to modify the template and to print the business cards. (this will be found on resources page)

    Please let me know if you have any other questions. The conference call information is the same as last time:

    Conference Dial-In: (712) 432-3000

    Conference Bridge: 227974

    Cheers,

    Amit




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  • dhirajs98
    07-14 08:32 PM
    My contribution: $20.00

    It was easy ... not a big deal guys ... go ahead .. contribute :)



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  • ilwaiting
    04-25 11:51 AM
    I'm not saying a person on H1B necessarily should be allowed to apply for 485. All that I'm saying is the day when a person starts working on H, the PD becomes his/her's. Lets take an example.

    1). A person start working on H1B from Apr'1998
    2). In apr'2004 Employer "n" applies for Labor to permemently employ the alien. In that case the PD for the alien becomes ar'2004 correct?
    3). instead I want th PD to be Apr'1998.

    This gives the person the flexibility to move on to better prospects as a H1B, but at the same time preserves the PD. Ofcource the LC process needs to be restarted again each time he moves. Also one might choose to not file any LC because he does not plan to become a PR. Thats fine because nothing is lost.


    What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.




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  • ash0210
    06-02 05:24 PM
    As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.

    However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.

    In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.

    Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.

    Pl be advised to consult your immigration lawyer...

    Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
    Thanks




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  • Green.Tech
    06-18 01:25 PM
    Need to hit $20k as soon as we can!!!




    spicy_guy
    10-22 10:03 AM
    You are correct, it took around 10 months. From prevailing wage to labor approval. 2 months I mean filing actual labor application to approval.

    Thanks for the clarification




    r_mistry
    12-28 09:27 AM
    My AP application was filed with NSC on July 24th and online status shows receipt date of september 19th. Have not heard anything yet.



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