Tuesday, June 14, 2011

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  • Humhongekamyab
    06-11 11:45 AM
    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.

    I agree. I think we can use this statement to show our plight to the media/congress. A doctor, engineer, lawyer, scientist, etc from Chindia have to wait for decades to get a green card (that too under EB-2 category). If we use this properly we might have some legislative change even in the absence of CIR.

    Also, I read somewhere that Janet Napolitano recently signed something which granted deferred action for two years to widows and widowers of U.S. citizens-as well as thier unmarried children under 18 years old-who reside in the US and who were married for less than two years prior to their spouse's death.

    I am sure something like this can also be done for us who have been waiting for years for our GC's.




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  • mirage
    08-18 11:11 AM
    This is what we are sending..

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072

    I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.




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  • paskal
    09-11 12:08 PM
    Hi,
    Just bought a NY t-shirt and selected fast delivery. See you all there.


    looking forward to seeing you in DC!! :D




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  • cygent
    07-15 04:49 PM
    Thanks for the effort Guys!

    I am contributing $5 for each year I have been in the US of A. $5 for ever year since I first landed in 1997.
    $50 through Paypal coming your way. (Unique Transaction ID #5YT644475Y3428116)



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  • rimco99
    07-20 10:03 AM
    BTW how did Obama vote?????
    Obama is another joker!!!. He abstained.




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  • coolmanasip
    08-23 03:05 PM
    If implemented, would this cause audits/additional reviews of already approved I-140s? My 140 was approved in January 2007 in EB2 - Exceptional Ability/Advanced Degree. Hope this does not cause any issues for people like me....



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  • GCNirvana007
    09-17 06:12 AM
    Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...

    pal :)

    Mr.CoolPal - No offense to you. However your suggestion basically says we should be at their mercy and most of us let them treat us this way.

    This is God damn license. If you have all the right paperwork why the f*** we need to care about their mood. They need to do their job. If they dont give you the license when you have all the paperwork, go sue them. But do we do that?. No. We are Chickens. All we do is come to a free forum and whine.

    Yeah all the chickens go give red.




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  • sertasheep
    07-29 08:07 PM
    Dear schedule A professionals,

    Please support member 'paskal' (physician) in his efforts.
    Several exciting initiatives are underway on the healthcare front, and we also invite professionals from other fields(apart from healthcare). However, y'all must take up leadership and lead these efforts via IV as the platform!

    The agenda should align with general objectives of IV, and we welcome professionals from fields. Please spread the word among the nursing/PT and other communities.

    IV is not restricted to any one nationality alone!!(But, please restrict your conversations to English)



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  • needhelp!
    09-10 03:26 PM
    Thank you k3GC, ngodisha, Karthikthiru, deba, watcher , ek_akela, mpadapa




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  • pa_arora
    06-10 05:22 PM
    When do you think would EB2-I hit Feb 2005? Before this year end?
    NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.



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  • gc_dedo
    04-30 03:56 PM
    wow they have run out of questions.




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  • NolaIndian32
    07-11 10:37 AM
    I second yabadaba's sentiment! :):):):):):):):):):):):)


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  • manderson
    09-18 08:52 PM
    vparam/ anyone,

    i have 2 questions

    when i move into my own LLC how far do I need to go in terms of documents/ pay-stubs to prove to the USCIS that it's a legitimate company/ job offer? i guess i am a bit confused as to how to present to USCIS my dual role as owner/ employee with 140 job description?

    also from your experiences is it practical (in terms of taxation) to just run your own payroll (from consulting) through your LLC - meaning you are the only employee in your company?

    thanks in advance,
    manderson

    -----------------------------------------------------------------------------------
    Ref (Murthy): " Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
    �MurthyDotCom
    In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485."
    Source: http://www.murthy.com/news/n_yatmay.html
    I think the 2nd paragraph means USCIS might want additional RFEs from your 140 employer later on to prove that original 140 employment offer was valid.




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  • pani_6
    07-24 07:40 PM
    EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!



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  • lazycis
    11-20 10:26 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
    See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument




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  • FinalGC
    01-03 02:44 PM
    When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.

    I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.

    With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....

    GC is out there for all of us...keep the hope alive...



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  • psaxena
    06-11 09:13 PM
    I mean Hara Aam jada dena bhaiya , pichlee baar kam tha;)

    I am not selling mangoes. I am just asking you to eat it. I cant believe that you are so desperate to get green card that you will even buy mangoes to get it.

    You guys need to have more sex. You will be a little less desperate in life.




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  • vparam
    07-21 10:46 AM
    Currently it takes about 80-90 days for EAD when the 485 was just trickle, with the june filers it was expected to become more towards 90 days +. based on that with deluge of applications it will take around 6 months for july filers.

    please note most of the post June 15th to June 30th filers are yet to get the reciepts. it takes approximately a month from then to get FP. which means that even june filers will get FP into late august september. With the FP being code 3 that is what kicks off the EAD.

    So it is just that instead of being in one line the july filers will move into another line... but the good is that recent H4 people will not suffer years of waiting like the early PD people who have been waiting for years to be in EAD to get a job.




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  • ravish_kaipa
    09-12 12:29 PM
    Here are my details.
    Confirmation Number: 5HL471558P745653V
    Amount $100




    GMKrishna
    07-06 12:06 PM
    None of the organizations succeed without making people accountable for their actions or inactions. This is true in the case of IV as well. We are all individually accountable for the current state of affiairs at IV, either good or bad, and we must accept or atleast acknowledge that before looking for solutions.

    Before going for big ticket items like leadership change, elections and other politics let us focus on what we can improve instantly or in the near future. We all know that in the immigration process, there are only few factors or variables we can control, and rest lies with employer or DHS or USCIS or U.S. Government. One thing we can control is how we can improve our actions so that our voices will be heard to those who can act on our behalf. The list includes legislators, senators, media and local immigration community based organizations.

    As a first step, let us add 'ACTION ITEMS' tab on the menu of IV home page. This action items tab will have list of 'to-dos' by all members on a monthly basis. These simply include, say, in July-09, every member should send one fax to local legislator, or write a letter or e-mail to media organizations like CNN, Business Week etc. We may do the same thing with different but similar content based on how events un-fold on a monthly basis. Now, the leadership with the help of other volunteers should come up with monthly agenda, and provide tools like - format of letter, content etc. The other member should just have to follow.

    I will conclude with a quote from Anthony Robbins (great leadership coach): "Your life will not change by reading or listening....your life will only change by action". Let us make every one accountable in this process.




    icedgin
    07-30 01:38 AM
    Angel,
    Good to hear that you are a Kabayan!I am currently in Marikina City.My wife is also calling friends and colleagues to contact Senators and Congressmen.I also had my sister(teacher) and cousins (nurses) contact theirs too even way back in Nov 06 when SKIL was being pushed in the new Congress. It is almost a year and at the latest the SChumer/hutchison amendment was withdrawn. I really hope something does pass for Sched A this year.

    How come you did not accompany your wife when she went Stateside?



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