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  • sri1309
    01-06 12:45 PM
    I would like this idea to materialize but I am just wondering how it is practical.

    Except for waiting for a visa number to be available all other delays are due to the time that it takes to process a case (and also due to the country quota). In labor stage, DOL determines if there is any citizen who fit in the labor description and who is looking for a job. In 140 stage, USCIS determines if the company is in good standing and has the ability to pay. In final stage, the candidate’s biometrics is taken and his background checked. All these are essential process in adjudicating a GC case in the employment category. I just do not how all these can be surpassed and candidates handed over a GC, let alone citizenship.

    Allocating recaptured visa numbers and following a sensible order is more practical in eliminating some of the delays…

    Most of the people in this forum or most are very highly motivated and cant wait in queues for ever due to the delays that make no sense. I am not sure whats not so clear to you. Looks like you got used to these waits. Are you used to these waits, or have no motivation to do bigger things like rising in jobs, creating companies, creating jobs, but are ok to be stuck forever in these processes that make no sense... Sorry, but not many want to wait in lines beyond the limit.





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  • ek_bechara
    08-07 02:37 AM
    North Indian/ South Indian, Marathi/Bihari, ABCD/FOB and now US educated EB2 Indians / others. How far are we going to go to showcase our differences?

    My friend: We are one people. We all came to the US with similar dreams. There are many who came before us and are patiently waiting their turn. The issue is not yours or mine, its OURS. It is our duty to fight this injustice and provide equal access to all. Learn a lesson from the jewish community. They pretty much run this country.

    I'm EB2/ Masters from US school and in my seventh year H1-B.





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  • chanduv23
    03-25 02:45 PM
    This is a real problem. I got a letter from a prospective employer, who wanted proof that I was legally eligible to work in the US (alongwith transcripts, previous employment letters etc.) prior to scheduling an interview.:cool:

    I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.

    We need to fight back against this discrimination.:mad:

    I think h1b was considered as an initial filtering criteria where they do not have to deal with complexity. Now as they see more EAD trying to switch jobs, they are trying to apply the same filter. They do not understand that EAD is a valid document on the i 9 form.

    So what if they find a lot of GC holders?
    " Only Citizens please"

    What if they find a lot of Citizens and very few h1b?
    "Only h1b please" :)





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  • coolman
    08-19 07:58 PM
    Got our green cards today after receiving decision emails on Aug 10th.



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  • akred
    07-15 05:44 PM
    let's compile a list of famous immigrants like Albert Einstien, Henry Kissinger, Madalene Albright et al and change the face of what constitutes a legal immigrant. We need stories of doctors, scientists, engineers (the success of NASA) who were immigrants and benefited this country. That way we can fight the image of the immigrant as a low wage seeking will work for food kind of a worker being created by anti immigrants. Let Lou Dobbs fight history and deny it.

    You can find material for this on www.competeamerica.org (http://www.competeamerica.org).

    http://www.competeamerica.org/Passport_to_Prosperity_FINAL_07_20041.pdf





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  • Ramba
    08-21 05:25 PM
    . The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.



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  • dhirajs98
    06-21 09:00 AM
    Pappu/or anyone else,

    Can you please answer questions I have mentioned below?

    I have two labors

    PERM EB2

    Labor: Certified
    PD: Dec 06
    I-140: Filed in Premium Processing on May last week
    RFE Received: June 1st
    RFE Response Sent: June 6th
    Status: No updates from USCIS

    I-485: I can file based on the pending I-140

    ========
    RIR EB3
    PD: Jan 2004
    Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.

    ==========

    Question:

    1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?

    2. Does PD matters once I-485 is filed?

    3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?





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  • sledge_hammer
    07-09 09:17 PM
    hahahahahahahahahahahahahahahahahaha :D

    I think we can all relate to this...


    You definitely sound like my mother , who gets scared by the news that gets published in telugu news papers about gas station shootings in USA. Otherday she asked me not to goto "that gas station in Kentucky" .. I live in CA.

    There is no shame in protesting injustice. Nobody who sent flowers is foolish enough to think that they will get their GC just because they sent flowers.

    Can you please explain what is the real problem of USCIS?



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  • veni001
    04-05 04:15 PM
    The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.

    If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.

    20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)





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  • kutra
    07-17 03:36 PM
    Hi Ron,

    My Priority date is Jan 2004, EB3-India category and i have an approved I-140 and have applied my 485 during July 07. I have sent my EAD and AP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) during July 07 and has applied for EAD and AP renewal, which expire in last week of October. We both applied independently and are using our H1bs and not EAds.

    Since my spouse's PD is going to be current in August 2008, I was planning on applying for a second 485 as a dependent on my spouse's application.

    I know that two 485 applications causes issues. I want your recommendation and also will my application affect my wife's processing time or create issues for her.

    Thanks,
    Kaushik

    Ron's reply -

    You don't need to file a new I-485. Make the CIS aware of your spouse's case and your eligibility under it as a dependent. Ask them to cross reference to the two cases.


    You can follow this thread in the following link - http://www.immigration-information.com/forums/showthread.php?t=5689

    Also has anyone tried this approach and Also does anyone has expeirence being Ron's client?

    I just don't get Ron. He's very vocal about how incompetent CIS is with regular applications......not sure why he would advise you to complicate matters with CIS.

    My advice: Do research this thoroughly before you go for it. Good luck!



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  • americandesi
    03-26 01:52 PM
    Q: Why does budget come in to picture here?
    A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.


    This is plain stupidity. These employers should first take a good look at an EAD and a GC. As far as work authorization is concerned, both these cards provide us with the same rights. The EAD says “The person identified is authorized to work in the US for the validity of this card” where as the GC says “The person identified by the card is authorized to work and remain in the US”.

    So why does the legal department come into picture here? Is it because of the expiry date associated with EAD’s? If that’s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?





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  • pappu
    10-28 04:34 PM
    Since this campaign is endorsed by IV, I think you must mention in your letter that you are a member of Immigration voice so that it is easy for IV to follow up..

    Pls also post the message on other sites urging everyone affected to write letters



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  • CADude
    11-06 03:40 PM
    Wow.. Applicants are waiting since 2002 and Govt Agency know it but don't do anything. Shame on you FBI NNCP :mad:

    Check this:
    http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf

    Defendants assert that the background check is a complex
    process that must accommodate an extremely large volume of requests
    from the USCIS. Given the backlog of name-check requests and the
    FBI�s limited resources, they maintain that the delay of two and a
    half years in processing Mr. Liang�s background check is not
    unreasonable. There is some validity to these points, and the
    Court appreciates that the name-check process is indeed complex and
    resource-intensive. But limited resources or not, a common-sense
    rule of reason dictates that if the FBI was performing background
    checks with due diligence, it would not take two and a half years
    to process Mr. Liang�s name. While the Court is sympathetic to the
    demands placed on the FBI and the limited ability of the USCIS to
    control how the FBI allocates its resources, a lack of sufficient
    resources devoted to name-check operations is a matter for the
    agencies to take up between themselves or with Congress. The
    executive branch must decide for itself how best to meet its
    statutory duties; this Court can only decide whether or not those
    duties have been met.
    See Dong, 2007 WL 2601107 at *11 (�[I]t is
    not the place of the judicial branch to weigh a plaintiff�s clear
    right to administrative action against the agency�s burdens in
    complying.�).
    Moreover, although there is no Congressionally mandated
    timetable for the processing of I-485 applications, Congress has by
    statute expressed its view of what a reasonable amount of time is:
    �It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
    after the initial filing of the application.� 8 U.S.C. � 1571.
    The Court recognizes that this statute was enacted prior to the
    events of September 11, 2001, and that the burdens on agencies with
    responsibility for immigration matters have since increased.
    Nonetheless, Plaintiffs� applications have been pending for five
    times the length of the period identified by Congress.
    Defendants argue that expediting Mr. Liang�s name check will
    prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
    While this would
    be unfortunate, Defendants� failure to fulfill their statutory duty
    to other applicants has no bearing on whether they have fulfilled
    their statutory duty to Plaintiffs, and thus cannot serve as a
    basis for denying Plaintiffs� motion.
    While Defendants worry that
    granting Plaintiffs relief may reward �the more litigious
    applicants� or encourage other applicants to file lawsuits,
    �perhaps recognizing this possibility will provide the defendants
    with adequate incentive to begin processing [I-485] applications in
    a lawful and timely fashion in order to obviate the applicants�
    need to resort to the courts for redress.� Dong, 2007 WL 2601107
    at *12.





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  • Aluwal
    09-15 05:30 PM
    http://www.immigration-law.com/Canada.html
    09/15/2008: Frustrated IT Industry Lobby - After a Frustrating Year in Congress, Tech Groups Plan Merger to Reinforce the Industry's Lobbying Power

    Report indicates that the IT industry has failed in lobbying in support of employment-based immigration and other issues, experiencing repeated failures in the legislation as demonstrated in H-1B reform proposal and EB-visa number recapture, etc. For these reasons, the lobby groups in the IT industry are reportedly working on regrouping themselves including the merger among the groups for apparent purpose of reinforcing its lobbying power for the legislation and other political/policy decision

    http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=careers&articleId=9114482&taxonomyId=10&intsrc=kc_top



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  • kannan
    01-09 11:33 AM
    letters alrady sent





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  • vpadman
    02-15 11:09 PM
    I am planning to get H1 stamped in Chennai in April.
    (I also have AP, but would prefer to use the H1B1 )

    In case the process takes too long, due to PIMS, can I cancel this process, get my passport back and enter the United States using AP?



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  • garamchai2go
    01-09 09:47 AM
    Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.

    I agree. Could we post ads on some frequently visited websites like Sulekha/Samachar/TOI and draw them into IV website and make them aware and participate? Even if 1% join it will be a significantly good number. We can also think of making an online petetion to gather signatures from immigrant community; we can use email media effectively to spread the new about online petetion to reach the immigration community. I am sure there will be lot of response for online petetion.

    Fyi..I am going to try to meet my anti-immigrant Iowa Senator , Chuck Grassley, this week.





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  • AreWeThereYet
    09-14 09:27 AM
    I received the card yesterday. Here is the time line of events.


    Sept 7 - Card production ordered
    Sept 8 - Welcome notice sent
    Sept 9 - Approval notice sent aka Cards mailed
    Sept 13 - Card received by me


    All those who are current and waiting, just remember that it's just matter of time. You will all be greened soon. Do not worry if you didn't have any LUDs. I didn't have any and it got approved. If you are a July/Aug 2007 filer, there is a tremendous chance that your case is pre-adjudicated and it will be approved anytime now.

    Thank you nrk. Based on this time line, I am expecting my card by Thursday.





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  • letstalklc
    10-01 11:25 AM
    This is what i am doing to call a cell phone or any land line in india. Vonage has a call forwarding feature. Simply log in to your vonage account and go to features and configure the call forwarding feature.Configure such that the call is forwarded after 20 sec's. Intially vonage rings and after that it is forwarded to the india cell or landline forwarding number. Its free of charge as calling from vonage to india #'s is free. Hope this puts the debate to rest.

    smsthss - Thanks for posting useful information, yes, this will really helps a lot for others who wanted to call from cell phone/desk no (office).....just keep change the call forward no that you wanted to call...

    Lingo will charge money for calling from cell phone by using the lingo account (first 10mts free, after that they will charge, also there is charge of 79 center for each call), so there is no point in signing up with that, this is my opinion...





    greencard_fever
    10-02 03:23 PM
    That's good news APB.

    I guess it may either be the SR that I opened for my wife or the letter I wrote to Napolitano...my wife got a call from a CSR from DC and she told that her case is pending because of the Biometrics, she said she is issuing new biometrics...the speaker phone was on...and I interjected...how come I got approved w/o the Biometrics...she was clueless...I told her how many times can Biometrics notice be issued...my attorney called TSC on 10th of Sept and that time a notice was issued which we never received and then again two weeks later someone else issued another notice.....then someone else told that Biom is fine it just needs uploading and it has been two weeks since then the only thing that is happening is the Visas getting used up .....I said what's the point of FP/Biom if visas are no longer available which surely will be the case in 3 weeks....

    In any case didn't expect a phone call from them so was surprised.

    SoP


    Hi SOP..

    I was looking at all your posts and i can tell you how hard your trying to get your Wife's GC..Good Job Dude keep it up..i feel like you are fighting with USCIS to get GC...I am in a similar situtaion like you do but not same..i think my case has not been approved because of my wife's FP's was not able to read by FBI (she gave FP's 3 time in May) and never sent to USCIS by FBI..can you tell me how to escalate this issue to Napolitano or any other USCIS officals...:mad:

    Thanks
    GF.





    eb_retrogession
    01-27 11:37 AM
    I don't know is it right Thread or not.
    But i found this information in Rajiv's website.
    The Mesg says:-
    New Volunteer Organization Formed

    --------------------------------------------------------------------------------

    Some members of this portal and others have come together to form a new organization supporting legal mmigration with special focus on issues faced by employment-based applicants. Please visit:
    www.immigrationvoice.org


    DISCLAIMER: The Law Offices of Rajiv S. Khanna, PC cannot endorse or verify the activities of any organization. Please use your own judgment.
    ==================================
    If we really not get his Endorsement, then we should remove that Information from our website.
    Think about it


    http://boards.immigrationportal.com/announcement.php?f=235&announcementid=84


    The core-team of IV met with Mr.Khanna personally and spent several valuable hours with him. He does support our cause and appreciates the effort. The verbiage on our endorsement link is indeed from Mr.Khanna and was transmitted in the form of an email.

    Everyone in the immigration community is now actively following the IV website (including the office of Mr.Khanna), and if something was completely mis-represented, they would let us know!

    Nice try!



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