Monday, July 4, 2011

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  • bhobama
    05-10 10:07 PM
    The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.

    Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.



    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?




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  • samirpatel08
    09-26 05:57 PM
    I applied on July 23rd, and pkg was received on July 24th.

    My checks got cashed yesterday, Sept 25th.

    Not sure which center processed them yet... and no receipt numbers...

    Things are moving...

    Samir :)




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  • go_getter007
    12-17 12:33 PM
    You may want to focus on (and be thankful for) what you have out of the following:

    1. Good health (which we often take for granted)
    2. US born kids (at least they are citizens, if that's important to you)
    3. US education (a different experience for sure)
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
    5. Good work experience (this is transferable and more or less ensures a decent future)
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!

    And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?

    Cheers,
    GG_007


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?




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  • raju123
    07-09 07:35 PM
    Amit,

    This is nice but I feel we should mention briefly about how we inspired from Mahatma Gandhi and his philosophy.




    Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
    July 9, 2007
    What
    Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
    Where
    The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
    When
    July 10th, 2007.
    Why
    With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
    There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
    On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
    This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
    Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
    Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign � �fix the system�, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers � �I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.�
    Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.

    References:
    This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.

    Media coverage
    The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
    The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
    The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
    The New York Times: Immigration Malpractice. July 7, 2007



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  • swissgear
    08-31 12:11 PM
    I see the priority date for caydee as March 2006 from the profile.. Does this mean, USCIS has already started processing cases that are going to be current from September 1st??

    Yes, looks like it....I saw someone who received recent approval from Apr 04 2006 PD as well




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  • eb3_nepa
    08-13 05:01 PM
    I got my I485 receipt notice today. Our applications are delivered on July 2nd.

    Receipt Date: 07/02/07
    Notice Date: 08/06/07


    Did you get this notice or did your lawyer? Do you have an I-140 LUD update?



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  • GC08
    07-08 09:01 PM
    I think lawsuit is always the "last" resort, esp. to us, legal immigrants. So long as there is a way to make sure they are treating us "fairly", no one wants to sue. This time, they just pushed us around so harshly that people could hardly bear it any more. Think about the past several years... all the chaos, backlogs, visa # wasted... Even if we are not given all the rights, we still need to fight for what we deserve. If no one chanllege status quo, slavery and segregation would still probably exist and women would still not be able to vote.

    By the way, I think whatever we do to get the situation exposed, we need to put this episode into a context, i.e., the history of mistreatment of EB immigrants and the mismanagement of the green card process. In other word, we are not just a bunch of people (like illegals) who just walk in the street to demand green cards. We are sueing and demonstrating because the process is so mismanaged that we have been the victims for a long time. ... just my thoughts.




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  • phillyag
    08-25 06:38 AM
    The Last updated date for my I -485 application is showing as 8/24/2010 now.
    What does that mean ?



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  • desi3933
    06-27 03:30 PM
    Dr. William:

    My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?

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

    A:
    According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.

    The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.


    http://www.greencardapply.com/question/question04/question04_0519.htm

    That was long time back and was changed in early 90s.

    There is no requirement to work for 1 year.

    Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.

    I could not find a phone number on the site you mentioned.


    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002




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  • sankap
    07-10 01:04 AM
    [QUOTE=desi3933;486996]1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    Here are the IRS guidelines on filing taxes as an Independent Contractor (Self-Employed) or Employee: Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    Since nowhere do USCIS/DOL explain as to what constitutes a "permanent" job, one can *assume* that being self-employed (or working for a staffing company on contract) is a "permanent" job, regardless of the project's duration, and mention that on EVL. IRS guidelines could help: http://www.irs.gov/businesses/small/article/0,,id=154770,00.html

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    I didn't imply that "contract extension means job is permanent," as you inferred. Also, can you point us to a USCIS/DOL resource to confirm that definition of a "permanent" job?

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    Yes, GC is always for a future job--it's got nothing to do with your H1B job. And here's what I saw on dual-intent visas:
    "Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status."

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.

    Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?

    H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)

    Please read the document fully. It says the petition was denied because "the petitioner has not established its ability to pay the
    proffered wages to the beneficiaries of the other petitions or the proffered wage for the instant beneficiary." Nothing related to whether the job was "permanent," FT. Also, As I said, there's a difference between being on a "permanent" future job (for which I-140 was filed) and being on a "permanent" job using AC21 provision.



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  • anilsal
    03-09 12:46 AM
    Guys, get a grip on yourself. Volunteer your time for IV. It is both fulfilling and it is for a cause.

    Of course being in a state of limbo is not the best thing you planned for, in life. If your spouse is not allowed to work and/or has difficulties coping with stress, just channelize all energy towards IV goals.

    Cheer up.

    I talked to many important people in IL including state government, university professors who are related to immigration and/or have interest in imm. They are all aware of our problems (hard country limits, spouse/dependents counted in visa numbers etc). It is only the offices of congress reps that show a blank face as far as skilled immigration is concerned.

    So I urge you to join your local state chapters and start meeting your reps and/or office staff asap.

    Now for those, who are here for a free ride with no progressive work and have not contributed, shame on you and I mean it. :)




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  • neelu
    12-12 12:49 AM
    Good question.
    Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
    Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)


    No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!



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  • blackberry
    08-26 03:42 PM
    My application reached NSC July 18th.
    Check cashed :NO
    Receipt : NO

    Anybody from July 18th got their check cashed or got receipts.

    LUD on I-140 07/28/2007

    --BB




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  • Caliber
    05-01 08:55 AM
    thanks akred for refering INA. I went through it now

    In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
    is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
    and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).

    IV Core. Can something be done to highlight this issue in your conversation with authorities ?

    This is good idea. But Family GC's have a wait queue of 10-15 years. Only immediate family members of Citizens does not have queue.

    But this is a good point to note when our Lobbyists discuss with USCIS.



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  • acecupid
    07-03 01:26 PM
    This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)




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  • dingudi
    06-07 11:50 AM
    I used AVR (Automatic Revalidation Rule) to get back to US. If u have an expired stamp and a valid I-797, u can show ur PP alongwith original 797 and they'll let u in. But if u have used AP to re-enter before, u will need to use AP to enter US after ur landing. That being said, I know atleast 5 cases in the recent past who came back to US successfully using AP after their Canadian landing. I agree its a risk but most of the cases cud be hear-say. Just act innocent and that u dint know about the risk if at all u get questioned. Again, when the law permits u, why shud they question? Also, u still dont have ur US GC in ur hands...so let them know of it in a nice way if they harass u. Tell them that once u get ur US GC u will give up ur Canadian PR.

    It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.



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  • IVFOREVER
    03-27 03:41 PM
    SORRY! I am revising my VB Prediction due to typo.

    VB MAY 2008

    EB2 -- Same as april VB (Unless there is any IV Admin Fix)

    EB3 -- Jan 02 OR 01 Dec 01




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  • AreWeThereYet
    08-26 01:56 PM
    Waiting...

    The month is nearing its end.

    Now major set of approval will happen only on Next month, which again starts with a long weekend.




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  • jungalee43
    11-18 02:59 PM
    I will definitely call senator's office and talk and even take appointment. For me the senators nearest office is 150 miles drive one way. But I will do that.
    The House representitive's office is less than half a mile's drive. But he is a member of Toncredo's immigration caucus and it is plain useless to talk to them.

    The highlighted message is the key to the next step.
    At most times you are likely to get such automated responses and message would be ignored unless backed up by lobbying effort. Each campaign is carefully crafted and the strategy is based on our ongoing lobbying efforts.This is why we ask for a focused message and followup instead of sending junk emails (from online petitions) and thinking our work is done after hitting the submit button. It is a waste of time and energy and misleads the community in what they should be doing to get attention to their issues. Sending email is just one tiny step towards the advocacy work. Next step is to call the office and follow up about the email. Tell them you are not satisfied with such a response on an important issue. Tell them that you want to talk to someone about your letter and also wants to meet them in their office as you are a constituent and part of a national organization. Once you get the appointment, contact IV and we will guide you for the next steps.




    xs2sharad
    11-17 10:49 PM
    Done




    shakunbansal
    09-13 01:10 AM
    Seems that very few people have recieved anything who have filed between 4th and 16th aug.



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