Monday, June 27, 2011

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  • go_guy123
    02-25 01:38 PM
    It is easy and potentially justifiable to feel some frustration. As it relates to the green card, I am in a similar situation to most who visit and share their views on this board.

    I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:

    feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less

    This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.

    Good times, health, and happiness to all.

    You are relatively at peace because your PD is 2005 and you are in EB2.
    Moreover since you are already filed 485 and its more than 6 months you are secure.
    For rest the situation is precarious




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  • Cheran
    07-11 03:23 PM
    Let's get this straight, We don't know each other, outside this website I see you as my competitor. Tomorrow you and I could compete for the same job right? Now add in the fact, that by crude luck you get your Green Card in 10 months and I get it in 10 years, how do you think that it is fair on my part?

    You are here in Immigrationvoice, because you want your Green Card, so lets not act as if we are saving the world.

    I don't want you suffer but at the same time I don't want to suffer so that others could live a hearty life...


    I really sympathise with your situation, But your comments are outrageous.
    R you saying Just because you suffered every body has to suffer.:mad:




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  • bomber
    07-20 01:16 PM
    I think you can also switch using your H1-B. You can still invoke Ac21 on H1-B, just that EAD makes it easier to find new employers.
    moreover, you will now have to spend approx 4K on H1 renewals every year.



    I can see how it will affect many people's (including mine) spouses job prospects.

    Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
    "an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"

    or does it say

    "6 months after filing 485, the employee can switch"

    thanks




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  • priti8888
    07-23 04:08 PM
    That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!


    I am sure you'll get GC by the end on this year or early next year. I might have called USCIS abt 15-20 times and from what I understand dates would retrogress for eb3 India, but not horribly. My guess in of the total applications in August 30% have older PD 02/03/04. Becuause pf PERM processing majority are 05/06/07.



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  • inspectorfox
    09-25 10:11 PM
    No extension yet... DL expires on Friday. I will have to figure out how to go to work, take care of my family without driving the car.




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  • sc3
    09-14 11:17 AM
    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.


    No you dont. You just want your own GC. If possible, hand delivered by the President of USA after he washes your feet.


    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.


    Well sure. Lets just burn the law books, which grants the PD to an applicant after I-140 is approved.


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


    On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.



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  • gc_bulgaria
    01-05 11:20 PM
    Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.

    You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?

    OK, before you jump at me, and accuse me of being "you people", read my earlier post. I had a scholarship at Duke because my education from the 'garbage' college in India was deemed to be comparable to a 4.0 GPA here. As far as affirmative action is concerned, you have it here too.

    Anything more Gayatri?

    :eek:




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  • pappu
    11-20 10:13 PM
    Work in progress; comments welcome.

    .
    Thanks for the effort. All pls send PMs to jimi if you have comments.



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  • bp333
    03-04 11:11 AM
    Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.

    Has anyone had a similar experience.

    My PD: Aug 2004
    Cat: EB3 India.




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  • texcan
    09-10 10:07 AM
    Guys,

    here is my humble contribution of 100.
    keep up the great work.

    A suggestion, lets keep a tally where we are for contribution goal,
    this will encourage everyone to contribute more and round off any shortfalls
    in overall contribution.

    Thanks


    On a side note,

    This is my understanding, even if there are some harsh things said
    on the forum, but in all everyone appreciates the great work being done
    by this group.



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  • reddymjm
    03-12 11:18 AM
    I too support this. There are exceptions always.. and will be I guess..




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  • nk2006
    07-06 01:10 PM
    He is trying to spin a news and get a answer of his comfort. Guyz never stop :)

    The way DOS/USCIS behaved last couple weeks anything is possilbe - now its very easy to spin news. If someone comes here and says USCIS will not accept any applications for next two years - many of us might think "logically" and suspect the news - but last week proved that logic and USCIS/DOS dont go together.

    Anything is possible with is freaking idiotic dumbass orgnanization. Now I can feel a bit better - at least for next 30 mts. :)



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  • r_mistry
    12-27 01:05 PM
    I applied I-485/EAD/AP on July 24th at Nebraska. Have received EAD and FP done but AP is still pending.

    I noticed couple of soft LUDS on my I-140 (which was approved in Dec, 2006) and I-485 in last few days but nothing on AP. My PD is Oct, 2005 ROW.

    Still waiting.......




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  • axp817
    09-14 11:45 AM
    I have to agree with SC3. PD porting from one EB category to another is a provision that falls within USCIS guidelines.

    Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.

    I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.

    And who am I kidding, if I was in their place, I would be doing the same thing.



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  • ras
    10-16 05:47 PM
    Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
    Issue/Background:


    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 it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to 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 applicants 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-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the 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 and psychological stress, 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 adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.


    Should you have any 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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  • rkm
    07-11 08:01 AM
    Very Good News for EB2-I.



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  • gcisadawg
    03-04 12:16 PM
    Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows

    "On Oct 1st 2007 we received....blah blah blah...."

    -GCisaDawg




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  • beppenyc
    03-08 02:07 PM
    Sorry,
    any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.




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  • kshitijnt
    06-26 12:45 AM
    What is america losing?

    Lets take a typical example:

    My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.

    They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.

    Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?

    So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.

    Now think about 100 couples like this?

    Now think about 1000 couples like this?

    1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
    And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?

    Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).

    How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.

    Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.

    Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?

    Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.

    What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.

    They have a problem with that too. Bloody morons.

    For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.




    kanaihya
    09-10 04:38 PM
    Hi,
    I live in busy locality in NY. I can help distributing the flyers (if u have any) to the people visiting to Indian grocery stores, temples and restaurant, I know.

    thanks




    amitjoey
    05-06 03:54 PM
    Please help us help ourselves. If we do not mount pressure, we will have ourselves to blame for the next 10 years.
    Please call all TIER 1 senators first.



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