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  • Libra
    09-11 09:14 PM
    zinchak thank you for your contribution.




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  • MDix
    08-22 10:39 PM
    I am not sure whether this applies to Master degree holder or not. Because memo says
    Aliens of Exceptional Ability under section 203(b)(2) INA.




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  • mirage
    03-31 01:57 PM
    Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???




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  • ca_immigrant
    05-03 01:39 PM
    Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -

    "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.

    I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
    giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"


    Please always end the call on a cordial note thanking the Staff member.


    Great initiative by IV !! Keep it up. I will call today.

    One quick point if I may please on ... "I want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "

    Wonder if instead of this we should say "Many of us want to start my own company and hire people in America. But I cannot do that if I don't have a green card. "

    If everyone says "I want to start my own company...." not sure if that sounds true....neways...guess it is very minor a point ....

    Once again !! Great initiative !!



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  • dingdong12
    06-23 10:55 AM
    well, i just made my first payment for $100 thru paypal

    Receipt ID: 14F00794MF330594S




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  • spicy_guy
    09-01 01:13 PM
    Landed in Feb 2000 ....

    1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.

    2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.

    3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)

    All Desi employers?



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  • willwin
    07-11 09:30 AM
    If that is the case, why is there a big movement? I am assuming that the Jul 07 backlog has been significantly reduced and hence this big movement. Correct me if my assumption is wrong.

    Yes, your assumption is wrong. The dates move when USCIS doesn't approve many cases ina month. That leaves DOS to believe that there are no enough demand and hence they move dates forward. but as I said, I am very positive that the movement is to facilitate CP to approve cases. I wont be surprised if they move EB2 further next month.




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  • billu
    09-01 10:17 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...


    i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....



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  • skv
    06-28 02:35 PM
    I got my certified yesterday 6/27
    EB-2, India, Atlanta feb 21'07

    All the best !!! Good to know.




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  • Libra
    09-10 05:11 PM
    thanks ssprof



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  • hazishak
    07-18 07:19 PM
    What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
    Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..

    PD has to be current in order to get the RD advantage.




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  • baburob2
    03-16 11:23 AM
    oops.



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  • sanju_dba
    09-08 10:45 AM
    Came here in july 1997
    filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..

    I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
    to make it more arbitrable, how about if one completes the 40 tax credits and is clean of criminal records.




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  • Administrator2
    04-30 02:19 PM
    Cornyn Open to Working on Immigration Reform - Roll Call (http://www.rollcall.com/news/45730-1.html)

    We need to get more, but obviously a good beginning.

    This is just in. Thanks for posting Leo07.

    Please Please Please call Cornyn office right now.



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  • mw_immi
    01-07 01:00 PM
    Has anyone done refinance from BOA on EAD / AOS (expired H1B & I-94)?

    My current home loan is with BOA & I am trying to refinance with them, but they say we can't approve now because of status. I locked in rate in Sept. 2010 & now I am stuck as rates have gone up. After 4 months they have denied.

    I don't know how to proceed further. They are not ready to give any letter & the lending policy. Any suggestions please......




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  • krishnam70
    07-20 04:08 PM
    She recently announced in her campaign that she will increase the H1B visas
    She also made a statement that she will try for more benefits for permanent residents.

    She does not want to support only the people who are in the process of immigration???

    Whats up with that.

    May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties

    or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy

    They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
    I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
    Then we are sorry.

    Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
    There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.

    We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much

    Why is there a misconception about us?

    Lets get this thought out of these bone heads

    We are not middle class job stealers...We are the building blocks of a strong middle class


    proves that she is a double talker and just wants money. When the time comes to get in front of the Indian community she sweet talks about the values and hardworking nature of the community and swears to support the community and immigrants and takes in Huge contributions. Time to vote on major efforts that do help the community really and she votes 'no' obviously its her nature to double talk and some talk show hosts have rightly identified that and drill her on that. I think its time we showed to the clintons and all those who failed us this time that our community does count and we are going to make it felt.



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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




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  • June05
    07-14 01:56 PM
    Done.

    Conf # 7YB2M-N5ZJC

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  • webm
    03-20 01:26 PM
    See my comments in Bold

    Folks,

    Can my wife switch to the EAD status and start working even though I remain on H1 status till my visa expiry? Is this allowed?

    --Yes

    If yes, then can she travel on AP while I'm still on H1 visa?
    --Yes

    If we're both re-entering the US, can the IO ask why is the spouse on EAD/AP and not the primary applicant?

    --No i dont think he will ask..Even if he asks you can tell clearly Primary applicant (yourself) still on H1 and derivate(your wife) using EAD for work.




    HTH,




    prem_goel
    08-04 05:36 PM
    H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.

    Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).


    I tend to disagree with that. You are partly right that H1B cost should be borne by the employer. There are DOL regulations for that you can easily find on the web.

    For GC, you are partly right in the sense that only the first stage - Labor Certification should be completely borne by the employer. DOL released the regulation last year w.e.f. July 16 2007. The second and third stage however, I-140 and I-485, are of no concern. That is, there is no law which says that Employer should borne the cost for that. Even in reputed companies, the employees pay the cost for I-140/485.

    Thanks.




    ItIsNotFunny
    10-24 05:12 PM
    ItIsNotFunny:

    I have sent out the email and couple of my friends will also do the same. Good intiative, much appreciated.

    Thanks wandmaker for appreciation. It helps!

    I got quite a few positive responses. On other side I got few negative messages, few pessimitics and few red dots on posts after I started this exercise. Sometimes it still bothers me but I guess I need to get out of this critics and appreciations and want to concentrate 100% on agenda: Fight against injustice in AC21 implementation.

    To all,

    If you appreciate me, please help me by motivating others to join the movement.

    If you don't like me - please be generous and atleast tell me what should be done rather than just criticizing.



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