Friday, July 1, 2011

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  • GCStatus
    09-15 12:11 PM
    can someone who knows the intricacies of such an effort help draft the plan? so we are in the ball park of what resources we need ... ?

    Apume - We are targetting atleast 1000 - each 100 dollars will give us 100k - not a bad number for lawyer fees and other stuff, more the better and welcome aboard




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  • anzerraja
    07-20 10:11 AM
    Yes, we are considering that option. Thanks for the suggestion !

    Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.

    Thanks for your help with the spreadsheet thing


    Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.




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  • natrajs
    08-10 09:20 PM
    All:

    I received an email on 8-8 saying card production ordered and on 8-9 about the welcome kit.

    My PD is April 2 2004 EB2 (US educated for the idiot who tried to divide us b/w US and non US educated)

    As a token of appreciation - I have contributed $100 to IV just now.Receipt ID: 1467-8132-5592-9911. Request all of those who get GC this month to contribute some $ amount. Although I was not very active in the forums I have contributed at least $400 to this cause and I will do the same in the future. Please do not try to divide b/w EB3 EB2 US educated etc. which I am noticing lately.

    WE REALLY NEED TO HELP OUR EB3 FRIENDS. PLEASE CONTRUBUTE ONCE IN AN YEAR ATLEAST. I HAVE NOTICED THE MOMENT THEY GET GC THEY FORGET THE PAST DIFFICULTIES AND MOVE ON WHICH IS FINE. BUT IF POSSIBLE CONTRIBUTE ONCE IN AN YEAR.

    Well Said,

    Thank Q Dear Friend and Best wishes and good Luck




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  • psk79
    09-12 02:48 PM
    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.

    Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...



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  • desi3933
    07-10 06:50 AM
    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.

    Total BS. Do you have any reference link for case denials?

    You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.


    .




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  • sathishkrish
    11-21 10:40 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Dear Mehul,

    I am really shocked to hear this and I pray god that you fully recover from this ordeal. I am going to call my Attorney to see if he has any options out.

    Satish



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  • reddymjm
    06-12 07:18 PM
    I got my receipts by mail on monday and checks cashed last friday. But my wifes did not clear yet. any one in similar situation please post.




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  • dtekkedil
    07-06 03:57 PM
    We need some powerful press release for this Gandhigiri

    Working on it... have faith!



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  • belmontboy
    09-10 08:05 PM
    YOu are a USELESS fellow. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.


    Since when did this section become donor's only??? You don't need any rights to participate in a discussion in general section. There is Donor forum already, where you "Pay to See, Say".

    A senior member like you should practice restraint and choose words wisely.




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  • GreenMe
    07-06 03:30 PM
    Alright friends, so we now have a lead item on Times of India on this effort.

    http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms

    Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?


    Whoever put this on TOI did a awesome job ... great work guys ... this is absolutely amazing ... Thanks to everyone ...



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  • pooja_34
    08-31 04:08 PM
    All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)




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  • harpomarx
    09-12 05:39 PM
    Got the 9 SRC numbers from the back of the checks and inputted into CRIS on Monday (9/10).

    Today got the "Card Production Ordered" email for one of the 3 I765's. How
    can I tell whose it is?

    All 9 of my checks for myself, wife, kid were cashed on Friday (9/07).

    Filed at Nebraska SC July 6th (sent July 5th).

    EB3 RoW
    PD Oct 2003.



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  • snathan
    02-09 09:29 PM
    Dear IV Guys,

    I have been a passive observer of this forum.

    I have done one time contribution of 100$.

    Here are the details:
    Payment details
    Transaction ID: 57T11728MH365274A
    Item Price: $100.00 USD
    Total: $100.00 USD
    Order Description: Contributions
    Item/Product Number: Contributions
    Buyer: Shyam Kishore Kuppu Rao

    Regards,Shyam

    cool...thanks lot for your contribution




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  • ronhira
    09-25 12:00 PM
    Dream ON ...! No Law is immutable buddy ;)

    & who'll change it....pu55ies like u?



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  • redsox2009
    11-18 10:10 AM
    Thank you for your letter regarding the Development, Relief, and Education for Alien Minors (DREAM) Act of 2009 (S. 729). As always, I value your input on this and other issues, and strive to keep you updated on the important issues facing us today.

    On March 26, 2009, the DREAM Act was introduced by Senator Richard Durbin (D-IL). This bill would authorize the Secretary of the Department of Homeland Security to cancel the removal of, and give conditional permanent resident status to, an alien who entered the U.S. prior to his or her 16th birthday and has lived in the U.S. for a period of 5 years. Such a resident must also meet other requirements, such as be judged to be of good moral character, not inadmissible or deportable under the Immigration and Nationality Act, be admitted to a higher education institution or have completed high school or the equivalent, never been under a final order of deportation, and be under 35 years of age at the time of this Act�s enactment.

    Furthermore, the DREAM Act sets parameters for conditional permanent resident status, and the process by which one transitions from conditional to permanent residency status. Under S. 729, an undocumented alien would also be authorized to petition the Secretary for conditional permanent residency if that individual has satisfied all of the above requirements prior to the enactment of the Act. Currently, S. 729 is before the Senate Committee on the Judiciary where it awaits further consideration. While I am not a member of this committee, I will certainly monitor the progress of this bill.

    As you may know, Majority Leader Harry Reid (D-NV) announced on September 14, 2010, that he would offer the DREAM Act as an amendment to the Fiscal Year (FY) 2011 Defense Authorization bill (S. 3454) as well as not allow a fair and open debate on the bill. I was disappointed that he chose to play politics with necessary support for our troops and national defense by trying to tack on the DREAM Act, which is unrelated to the daily operations of the Department of Defense. I remain committed to reforming our legal immigration system and streamlining the legal process; however, I have consistently opposed proposals that extend taxpayer benefits to those here illegally or give incentives for illegal immigration. On September 21, 2010, the Senate voted 56 to 43, where 60 affirmative votes were needed, not to move forward with debate on the Defense Authorization bill. I joined colleagues from both sides of the aisle to oppose this vote.

    Again, thank you for sharing your views with me. As the legislative process moves forward, I will keep your thoughts in mind. If I can be of further assistance, do not hesitate to contact me or visit my website at www.scottbrown.senate.gov.

    Sincerely,
    Scott P. Brown
    United States Senator




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  • glus
    07-09 05:08 PM
    Guys,
    Ms. Susan Henner, the greatest attorney and person, who help us with free advise, was kind enough to provide me with a contact info to reporter from a Journal News. I spent an hour on the phone with her and explained her the whole story, the problems and our flower campaign. Tomorrow, I will get photographed and we will get in-depth publication on Wendsday.

    Please send flowers and send me a private message if you want to get in touch with the reporter. I live in Rockland county.

    Keep sending flowers to Emillo Gonzalez.



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  • praveenuppaluri
    11-17 04:23 PM
    sent emails.. will post the letters also. Thanks




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  • gsc999
    07-20 02:08 PM
    Zoooom, Anzeraja & All pledgers,

    Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.

    It was amazing to see such response to call for funds for Aman and other core members.




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  • felix31
    09-09 07:39 PM
    LOL

    EB3 ROW went to June 2002

    :rolleyes::rolleyes:

    Since I will never get GC, this may be a good time to plan the big change for my life. :D:D

    Good luck, everyone!
    :D




    shukla77
    05-23 01:50 PM
    sent emails to 2 in NY




    neelu
    05-23 10:49 PM
    Sent emails to each of the senators listed on the first page of this thread using the forms on senators' websites.

    Guys, it barely takes any time to do these simple tasks.

    Look forward to more participation in all IV campaigns.



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  • shaikhshehzadali
    06-13 07:57 PM
    No Premium For I140.. I filed on 7th June. My checks has not cashed yet. Anybody who was file around 7th and their checks cashed?




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  • samrat_bhargava_vihari
    06-13 09:50 AM
    Hi any body got FP notice with your receipt notice?




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  • mps
    08-26 11:35 AM
    I know one of my friend, his H1 extension was denied through a consulting company (basically Bodyshopper). Reason given was - "consulting not allowed on H1".

    Lucky him, client hired him by sponsoring his H1 and this time it was approved.

    Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).

    Some desi bodyshop owner gave me red for sharing this.

    Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !




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  • nomi
    08-23 01:59 PM
    Hi team,

    Just wondering usually how long does it take to get approval notice of I -485 once PD become current ? Any idea or any comments will be really helpful.

    Thank you.



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  • coolstonesa
    06-22 04:29 PM
    Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:

    "The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
    and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).

    At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.

    If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
    (2) most recent six months of pay stubs, and also (3) a current job offer
    letter.

    I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."

    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.




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  • ramus
    06-07 05:16 PM
    You will get receipt soon..

    Could you please contribute to fund.. Thanks...



    Hi

    My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.

    ss



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  • msyedy
    05-23 12:44 PM
    Sent emails to all senators requested and + 2.




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  • tikka
    05-23 11:17 AM
    I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .

    Can some body send the template for faxes and link to webfax also. I email 10 senate members until now

    can you share the email id's please. someone on the forum was looking for the emails.
    thanks



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  • chantu
    02-09 02:21 PM
    Though I have lost my contract this week and searching for new opportunity, I want to contribute $25.

    But how do you contribute $25? I can see links for $50/$100 etc.

    Thanks.

    Thanks a lot kate123.

    Grand Total - $338

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.




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  • alisa
    12-11 07:43 PM
    If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.

    For the life of me, I couldn't figure this out either.
    I also don't understand why most of EB applicants are so oblivious to the EB-based immigration situation.
    I am from ROW, and I could only shake my head in disbelief when one of my Indian friends asked me innocently if the 'situation' was 'really that bad'?
    If there really are 600K EB applicants, and all we can get is 6K members, then perhaps we deserve the crappy situation we find ourselves in today.



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  • desi3933
    08-18 02:10 PM
    Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.


    Well, you and I don't agree on that. I believe in helping (whatever I can do) to future immigrants of this great country.

    Good Luck to you!

    PS: What happened to your case?


    _______________________________
    N-400 Oath Date Aug 19th 2008




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  • reedandbamboo
    09-14 10:21 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)


    MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.

    The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.



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  • reddymjm
    06-13 06:51 PM
    You should see the paper copy of receipts in your mail box today as I already got mine monday.Still waiting on my wifes. Was your at NSC too.. I wrote my name on the checks to differentiate. So I knew they were mine.
    My attorney is not organized man. he is #$$%%%^. so worried whether he sent it or not. Is your wife working too by any chance.
    I wrote the amount in words wrong, the numerics were right. so they returned my wifes application. I will resend it tomorrow.




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  • gk_2000
    07-20 04:45 PM
    Sanhari,

    If GCs were sold in stores I would buy you and your family a bunch of them.
    You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.

    The question you should ask is why have EB1, 2, 3, etc?

    Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.


    You signed up for this knowing what was in store.
    You think writing a letter or starting up a thread is going to help?

    I just wonder, is IV some kind of therapy? something like weightwatchers,
    maybe we should call ourselves GCWatchers, for frustrated GC folks from India.

    Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?

    India is shining, not a bad proposition at all.

    Mr. Paraya Desi

    I request you to mind your language. What you say displays a complete lack of understanding about the system

    It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold

    Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain



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  • vikramy
    05-23 01:48 PM
    Sent Emails to all including 2 AZ senators




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  • LostInGCProcess
    08-29 11:06 AM
    yeah.. even ND is not being followed... and why give a PD when they have to follow ND anyways ? So wait for 5 years in queue and then due to USCIS lottery system my application gets assigned a later ND... i have to suffer ??? WOW ... that's nice.... that's what's called INJUSTICE...

    Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.

    We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
    So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).

    Totally unfair, unjustified.

    Maybe we should..........

    1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.

    2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.

    Thats all I can think of right now....



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  • meghujosh
    07-20 08:08 AM
    This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.

    Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........

    I hope more ppl will come forward and do the same.




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  • amitjoey
    07-09 04:51 PM
    I really believe, that for this flower campaign to hit major news media, and make it a success, we all need to talk about it outside of IV, talk to reporters, email the pdf, and ofcourse talk to other friends of ours, let everybody know this is happening.




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  • Aah_GC
    05-08 02:33 PM
    lets get together and do something please.. we need to act this month..




    another one
    07-05 03:12 PM
    i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
    we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
    Fragomen just likes to sit on it's a#*^ and get money from their corporate accounts. The corporations do not particularly have any motivation to act either ways. The only law firms likely to act on this will be the ones who get paid directly by the likes of us. I have experienced four different firms (including Fragomen) in last 7 years.




    Macintosh
    09-17 08:27 PM
    PD: May 2006, EB-3, ROW

    I-485 applied on Aug 2, received on Aug 3, 2007
    Receipt received in the mail on 9/17/07; ND 9/10/2007

    Applied to Nebraska, I-140 approval from Texas, I-485 receipt is LIN.:confused:



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  • gsc999
    07-08 02:49 PM
    1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?

    This march was organised by a Chinese member and we didn't get much notice. We have decided to do this on a bigger scale and in a more organized manner on the 14th July

    I like your ideas, Can you and your friends help me with this. Please PM me your Ph # and we can coordinate today.

    Please seee response above




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  • man-woman-and-gc
    09-15 12:41 PM
    Hi,

    Thank You for taking initiation. Please add my name in the spreadsheet.
    Chandrasekhar Nachu, . My contribution is $100.

    Thanks buddy..can u please send me ur email ID too? I guess in the future when we have # of pledges grow, we will use email as the way to communicate the status on this effort.




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  • indyanguy
    09-26 12:58 PM
    By Self employment, do you mean working on 1099 or by starting a business and working for it?

    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.




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  • BECsufferer
    09-09 07:41 PM
    EB3 Folks!

    This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.

    If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.

    Ask yourselves ... how can I convert to EB2. Take control!



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  • priti8888
    10-08 08:34 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.


    Well said !




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  • obviously
    03-08 08:53 AM
    and reduce your depression!

    http://immigrationvoice.org/forum/sh...?t=3361&page=2



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  • jsb
    09-10 10:07 AM
    I don't know what this means. This is what it say in the Mumbai website.
    Category India Most Other Countries
    F1 22 July 2003 22 July 2003
    FX 1 March 2003 1 March 2003
    F2A 1 June 2005 1 June 2005
    F2B 22 August 2001 22 August 2001
    F3 15 Janurary 2001 15 Janurary 2001
    F4 15 April 1999 15 April 1999
    E1 Current Current
    E2 22 January 2005 Current
    E3 22 February 2002 1 June 2002
    EW 1 June 2001 1 June 2001
    E4 Current Current
    E4-Religious Current Current

    For E3 India, Mumbai guys copied from the China column of the original Visa Bulletin. I guess they will have to correct it.




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  • lasvegas
    02-05 08:59 AM
    Thanks to all who responsed.

    I will be sending private msgs to those who have asked me to do so.



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  • GCcomesoon
    06-09 01:37 PM
    Hi

    I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
    I expect the other set to be cleared some time Mon-Tues
    The case nos start with SRC

    Thanks
    GCcomesoon




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  • simple1
    05-02 03:21 PM
    I am unable to get into the donar thread. I did donate yesterday.

    Could you please post the information in this thread. or Admin provide me access to donar thread ?

    http://immigrationvoice.org/forum/showthread.php?p=338410#post338410



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  • jaihind
    04-24 11:41 AM
    Dear Friend:

    Do not give up hope.

    Take a second opinion.

    Go to India and spend time with your loved ones. Many times that heals things in a magic way !

    On your GC situation do these :

    1)Send an appeal to your local senator under CC to the Secretary of State, Homeland Security and the President to intervene and do some thing
    2)Send an appeal to the Director of USCIS in charge of AOS explaining the situation
    3)Consult a good attorney to know the options in the exiting scenario

    My entire family will say a prayer for you today at 8 PM. I request all IV members to join the prayers if possible.

    God Bless You

    Balaji




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  • kondur_007
    07-28 02:08 PM
    As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).

    If this is repetition of what has already been discussed elsewhere on the site, I apologize.

    First, let me point out when and how the interpretation changed:

    Following is from immigration-information.com site (Ron Gotcher):

    �Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.

    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�

    Direct link to above post:
    http://immigration-information.com/forums/showthread.php?t=5456

    Some more information from Ron Gotcher�s site can be found at following link

    http://immigration-information.com/forums/showthread.php?t=5703

    Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)

    8 CFR Sec 202(a)

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-


    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Read the entire Sec 202 (a) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    A glimpse of Sec 203(b) is:

    b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:


    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.


    Please read the entire section 203(b) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    So, in nutshell:

    1. The law is actually clear on this.
    2. Now Mr. Oppenheim has interpreted it correctly as well.
    3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
    4. The only way to deal with it is to CHANGE THE LAW.
    5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
    6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).



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  • kosu
    06-15 08:22 PM
    Mailed to TSC on: June 5th 2007
    Mailed From State: VA
    Received at TSC on: June 6th 2007
    140 approved from : TSC
    Receipt Date: June 11th 2007.

    Got the Case Number from check image. Still not received my Receipt Notice.




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  • atlfp
    05-05 10:36 PM
    He introduced the bill because he knows the problem very well. So we don't really need to flood him to push him (to thank him makes sense). The focus should be try to get other Senators onboard.

    keep pressure on Cronyn to put it on debate by contacting him by fone or fax



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  • eb3_nepa
    08-18 03:02 PM
    Wasn't that appropriate here? Aren't they use this word in day to day life?

    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here




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  • anukcs
    09-30 03:13 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!

    Thanks for the info. How early we should renew the EAD? TIA. anukcs



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  • coopheal
    11-18 01:04 AM
    Done




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  • geevikram
    07-20 01:32 PM
    Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.

    Fixing the language so that folks do not take it personally.

    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$




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  • zeta7
    06-22 01:36 PM
    Hey all,

    I completed my landing in Toronto some 4 weeks ago. My pertinent details:
    -No valid H1B stamp in passport
    -485 was filed
    -Planned on using AP to return

    The risk at the time (since there was no clear consensus here) was returning to the US using AP with a Canadian Immigrant visa stamp in my passport. I should point out that my passport was literally a year old, and the Canadian visa was bang in the middle pages; it popped out as soon as the passport was flipped open. It couldn't be missed.

    Toronto immigration was smooth. The only comment the officer made was that I had only a week left before my Canadian visa was due to expire, and she was surprised I had waited till the last minute (I suspect she'll be seeing quite a few more cases like this soon though!). I provided a Canadian address to receive my PR card over there.

    I spent two days only in Canada. I decided to travel across the Atlantic and meet up with the family since I was leaving the U.S. anyways. Plus I figured on returning, if I was asked what the purpose of my travel was, I could honestly say "visiting family" as opposed to beating about the bush about the Canadian PR.

    I returned 2 weeks later to NY-JFK. At the immigration counter I was asked to go to a separate desk to have my AP paperwork done. The Officer there asked me what my area of employment was, which I responded to. I was then asked to wait. 20-30 minutes later I was called again and my passport and AP documents were returned. No other questions were asked.

    I was extremely paranoid about the whole thing, but there were literally no issues. Of course luck plays a big part, so it's up to you to roll the dice; chances of problems arising seem low though.


    It's been almost 4 weeks and I still haven't received the Canadian PR card; if anyone else has an idea of how long it takes, I'd appreciate it if they could apprise me. Also I'm under the impression that since I'm not earning any income in Canada, there is no tax paperwork to be filed there. Is this correct?




    pitha
    07-09 11:47 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.



    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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    Unforunately I will not be able to attend because of a surgery.

    Good luck with all your efforts and I am sure we will be able to achieve something positive.