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  • 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




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  • prashanthg
    06-23 12:41 PM
    Thanks dingdong12!

    Folks - Please continue contributing!


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  • dtekkedil
    09-14 01:03 PM
    Great job Milind!

    Keep it up! You should be our "guest of honor" at the rally!

    How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)

    What do you say folks?




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  • pointlesswait
    06-18 11:04 AM
    contributed 50 today+enrolled for monthly too..



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  • kartikiran
    12-10 04:11 PM
    Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.

    agreed. kudos to IV core to push for more detailed explanations without which proposals for fixing this backlog also becomes difficult.




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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,



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  • anurakt
    12-18 02:31 PM
    I have been wanting to post this for the last few days and was happy to read this thread.........can we do something like an Immigrant's Boycott Day or something where we should do a mass boycott all over the country.....we need to coordinate this across the entire country and do a gandhi style protest.....but we need atleast maybe 1000 people per city to do it.....I am not sure how difficult it is to get that many people.....but that seems to be the only way to create an Impact.......WE HAVE TO MAKE OUR EMPLOYERS FEEL THE IMPACT OF NOT HAVING US FOREIGN WORKERS.....THAT IS THE ONLY WAY TO STOP THIS EXPLOITATION........its like when all the mexican farmers stopped working on the strawberry farms.....there were no strawberries in the market....I am in the Detroit, MI area.... we need to come up with a list of big cities where we can get 1000 people per city.


    Hit them where it hurts the most.

    Ok I will sound negative....but I find this funny that we are not able to make up numbers in state chapters and talking about mass boycott. Guys to make these ideas work, we need to have a strong network to execute. Members on the ground ...have we achieved this , no ...Gandhi had millions of followers to acheive what he acheived , he didn't do it alone..... are u a Gandhi even for your state ?




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  • cse_us
    03-04 02:37 PM
    Thanks.

    Any one else with recent RFEs/LUDs on their I-485 ? Pl post.



    Mine is a NSC-CSC-NSC 485, july 2nd filer, with Apr 2007 EB2 Priority.
    I got Hard and soft LUDs on 2/5/09 and 2/10/09 resp.
    Hard LUD says, my case is now pending. (before it was 'this case has been transfered ...).
    No idea wht the soft LUD means, might be no RFE.

    BTW, I used EAD and also filed AC21 thru my lawyer.

    Regards.



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  • needhelp!
    07-15 01:57 PM
    Thanks for your participation:

    bestofall, johnnybhai, Mahatma, sparklinks, kevinkris, hariswaminathan, akhilmahajan, a_paradkar, tejonidhi, ho_gaya_kaya_?, June05, chintainfogc, k_usa, Sri_1975, cheshirecat, satyasaich, pd_recapturing, sajidmd, govindk, mjdup, alok_msh, plreddy, naidu2543, venkygct, j_bharadwaj, gsrknth, cooldude0807, for_gc, Chiwere, jayleno, funny, eight_8, ita, GCOP, desi chala usa, gc_kaavaali, lakshman.easwaran, ebizash, srhari, srinivas_o, ndny, rameshvaid, mhathi, rajesh_kamisetty, shana04, Vsach, leo2606, sujijag, sam2006, dhirajs98, dhirajs98 , vsbalaji, shiankuraaf, nosightofgc, prasadn, prasha98, Mani, DDash, bgp, gc28262, Caliber, gc_on_demand, agc2005, SkilledWorker4GC, vban2007, vvicky72, sriv1, desidude, Suva, sandy_anand, ckichannagari, h1techSlave, kushaljn, sirinme, WeShallOvercome, rajvepa, dodsatya, gc78, hotammo, gcbikari, abhijitp, wizpal




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  • sweet23guyin
    07-18 03:23 PM
    Thanks for all your efforts.

    Made a contribution of $100
    Confirmation Number: 1LX38419RG209364L.



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  • bsbawa10
    02-07 02:52 PM
    First of all I am really sorry for all this happening to you. Unfortunately, this is happening more and more since the anti-dowry laws have been made which are so ridiculous. Females get the credit of being innocence from our society even if they are not. All they need to do is be 1. somewhat beautiful, 2. sob in society and 3. be young and everybody on the earth thinks that they are "poor , innocent girl" ..even if they are perfect culprits.




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  • buddyinus
    08-12 04:24 AM
    Agree with you 100% - But Once you start a thread with assertive words peoples start relying on you.... I also posted lots of conversations between myself and USCIS but i was never assertive.

    Anyway - this argument will go on forever.

    Can we request SriKondoJi/likes not to post anything with strong Affirmative words unless they have some kind of confirmations beyond the general Public's assumption ??

    Thanks

    Now, the fool is trying to change the subject by asking ppl to join the rally. Why in the world wud ppl trust him? The thread is barely 10 pages and after realizing that therez no point in discussing about what this thread is all about, he has shifted subject loyalites. How lame and insane is this guy? Pappu, LogicLife where r u guyz? Why dont u ban him?



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  • little_willy
    07-20 02:53 PM
    The important thing is, not all BEC cases are alive today. Most people moved on to PERM. On the flip side, some newbies took advantage of substituted Labor, but I am guessing the count is not very high.


    My employer applied for labor for 8 of us in our organization of 50 ppl. This is in the middle of 2003. I am the only one left at this point as the rest of them moved to different employers or got GC through their spouse. Also, I know for a fact that those labors were not substituted. This may have happened else where too. So, i guess the total I-485 applicants will be around 400K including dependants and won't be as high as being speculated every where.




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  • santb1975
    06-21 03:58 PM
    you rekindled our hopes on this funding drive


    another 100$ from IL
    PayPal Receipt ID: 70125366SU56XXXXX

    GO IV!!!!



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  • gsc999
    09-12 02:13 AM
    This is amazing!




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  • darslee
    07-07 12:31 PM
    Interesting....Our new attorney thinks we have a really strong case too...:)



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  • abhishek101
    09-08 11:38 AM
    Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.




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  • GCard_Dream
    01-03 03:47 PM
    May be we need to start a immigrationvoice.org in India as well to address these issues. :D

    Seriously, I had never thought about these things, specially when you have a citizenship. There may be such a few number of people going back after getting US citizenship that it's probably not even considered an issue but worth a discussion.


    As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
    - if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
    - if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?




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  • black_logs
    01-05 08:44 AM
    Looks like PBEC is sending approvals for labors with PD in Jun'02. Comments!!




    polapragada
    09-13 09:42 PM
    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.

    I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all

    If they want to jump to EB2 they should not not be allowed to port the PD.




    panky72
    06-25 04:08 PM
    Loosing my investments
    Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.

    I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.

    In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.

    Why is loosing such a loosely used word?. Guys, it is losing not loosing. Lose and loose have different meanings.

    One more guy who is "loosing" things:D



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