walking_dude
12-12 10:38 AM
I did create a poll to make a guesstimate of how many are ready to march in Detroit (when the weather was much better !).
Guess what only 14 members showed interest ! 14 members strolling down Detroit riverfront in freezing sub-zero temperatures - do you call it a rally?
http://immigrationvoice.org/forum/showthread.php?t=15456
When we conducted D.C. rally, there were roughly 1500 people attended. Each member has his/her own reason for not attending the rally.
The reasons could be, taking a day off from work or to far from their place etc..,
As a first step……..:)
Why don’t we plan for rally on the same day, same time at various major cities? This would enable members to attend in their respective cities.
We knew that, we are 25K+ members strong and can hold rallies/protests, where we have (major cities) at least 100+ members.
We must invite media and local US leader’s for rally and show our strength and request them to work towards the Green Cards.
Why don’t we plan for a rally during the this Christmas season?
Guess what only 14 members showed interest ! 14 members strolling down Detroit riverfront in freezing sub-zero temperatures - do you call it a rally?
http://immigrationvoice.org/forum/showthread.php?t=15456
When we conducted D.C. rally, there were roughly 1500 people attended. Each member has his/her own reason for not attending the rally.
The reasons could be, taking a day off from work or to far from their place etc..,
As a first step……..:)
Why don’t we plan for rally on the same day, same time at various major cities? This would enable members to attend in their respective cities.
We knew that, we are 25K+ members strong and can hold rallies/protests, where we have (major cities) at least 100+ members.
We must invite media and local US leader’s for rally and show our strength and request them to work towards the Green Cards.
Why don’t we plan for a rally during the this Christmas season?
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sunny1000
10-05 01:55 PM
no that makes no sense. There is absolutely no need to mention illegals in that paragraph where they are talking about high-skilled immigrants. There is no one (well except Bernie Sanders and Tom Tancredo) who is against high-skilled immigrants. Hard to find a line against our cause, so they lump in a line about illegals? Thats plain stupid.
I got your point and that of logiclife's and I agree....there is no need for them to mention the illegals (a cheap attempt on the part of WSJ). I was merely pointing out that WSJ technically does not say that we (high tech workers) are illegal.
I got your point and that of logiclife's and I agree....there is no need for them to mention the illegals (a cheap attempt on the part of WSJ). I was merely pointing out that WSJ technically does not say that we (high tech workers) are illegal.
jsb
03-25 12:46 PM
Why don't we all campaign to ask for a time out on all immigration. Just stop all immigration until it is fixed. :D:D
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
Because accordiing to your post you want your geencard but do not want others who filed in perm to proceed further.
In my proposal, if I cannot get my greencard, then nobdy else should. This is more fair.:D
What Happyfeet has said makes logical sense, though none of the above proposals impact me. Whoever applied first, should be served first, isn't it logical? We all know, Priority Date is not used for prioritising approvals. It is just a date on your application, which can stop your application from progressing further, if looked at, at the wrong time. Why not simply ask for approving in PD order.
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franklin
06-15 09:06 PM
[FONT="Microsoft Sans Serif"]From numerous visits to USCIS facilities, the Ombudsman has observed that adjudicators prefer to work on the cases that are easiest to complete. Adjudicators pick the �low hanging fruit� first because supervisors base performance evaluations on the number of cases completed. Consequently, adjudicators put aside the most difficult and time-intensive cases. These cases remain pending, perhaps for years, while backlog reduction appears generally to be succeeding.
Is there any information on what an "easy" case is?
Is there any information on what an "easy" case is?
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sanjeev_2004
08-22 10:42 PM
Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
"pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
"pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.
map_boiler
07-06 12:42 PM
If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.
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psethi
02-28 09:55 AM
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punjabi
09-22 12:07 AM
Sorry, but I don't agree. This can get annoying. Sending flowers was a different thing a super brilliant idea...but bath-stoppers...where will the USCIS Director forward those?
:-)
:-)
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hopein07
02-20 10:54 AM
I think what Godbless bought was Universal Life Insurance policy where the Company invests in Mutual funds etc. but that has lots of finance charges and hidden costs. Traditional Whole Life on the other hand has no such thing because by law the company can only buy bonds, govt securities and Mortgages only. Hence the return on Traditional Whole Life policies is low (5-6%) but they are safe and do not have hidden charges and infact insure you at a fixed cost for whole life hence the premium never changes and policy cost to the insured remains fixed while the cash value is an added incentive for the long term. It's like putting money in bank and earning some interest but having a life coverage at the same time for not just 20-30 yrs but uptil 98 years of age. I have a few family members who are insurance agents and they always recommend Traditional Whole Life if you have good income and patience to stay long. For all other folks Term is the best but note that when you retire at 60+ and have built immovable assets then to cover the risk for them you need to have some Life insurance policy and getting Term at that age is like walking on fire. Nobody gives Term after 65+ and even if they do so then the premium is very very hefty which can be a good turnoff.
So, it all depends on your priorities and situation. 95% of US Citizens / PRs with above average asset values & income buy Traditional Whole Life policy because they are living longer and working longer and building assets well into their 60+. Term provides good & cheap coverage for young people but only for max 30 years period. After 60 + people are in soup again without Traditional Whole Life coverage.
So, it all depends on your priorities and situation. 95% of US Citizens / PRs with above average asset values & income buy Traditional Whole Life policy because they are living longer and working longer and building assets well into their 60+. Term provides good & cheap coverage for young people but only for max 30 years period. After 60 + people are in soup again without Traditional Whole Life coverage.
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vinodmp
02-06 03:07 PM
I am looking for help in wrongful I485 denial of 485 with AC21 .
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
more...
BharatPremi
09-20 05:51 PM
Everyone thank you for the quick replies...
How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...
If you will be using EAD for new job, stop worrying about vacation. EAD is a "AOS" state meaning you are legally allowed not to even work so you can very well take vacation and even decide not to work till you get the green card. If you are playing "h1 transfer" then your vacation may become tricky if you do not get salary for that vacation. It may have an advese effect down the road. If I would be you and have decided to use H1 transfer then I would not go to unpaid vacation. If you will be paid for the vacation you will be fine for that too.
How about if I send in Ac 21 paperwork and still be on leave of absence from my present company which sponsored my GC. It only gives me peace of mind because in case the new job does not work out I can still come back...
If you will be using EAD for new job, stop worrying about vacation. EAD is a "AOS" state meaning you are legally allowed not to even work so you can very well take vacation and even decide not to work till you get the green card. If you are playing "h1 transfer" then your vacation may become tricky if you do not get salary for that vacation. It may have an advese effect down the road. If I would be you and have decided to use H1 transfer then I would not go to unpaid vacation. If you will be paid for the vacation you will be fine for that too.
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gc_on_demand
01-14 10:01 AM
Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
Hello VDLRAO
dates will move till May / June 2007 allowing USCIS plenty of files to consume quota. Making date till Dec 2007 will open gates for people who didnot file during July 2007.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
Hello VDLRAO
dates will move till May / June 2007 allowing USCIS plenty of files to consume quota. Making date till Dec 2007 will open gates for people who didnot file during July 2007.
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ryanjoe_99
10-24 10:55 PM
thank you. Eventhough my son is 13 year old, when I told about it, he was worried about it.
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shimul99
10-25 03:51 PM
I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.
Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
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pani_6
05-13 01:58 PM
you will come acros these Jerks ..barely educated with BA music or Art degress or just some schooling and sitting as managers..what else can they do..abuse other people...prey on the weak..weak because we are on Visa...
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
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good idea
03-18 04:44 PM
I am in EB3, just applied for Labor. And would like to see EB3 moving fast. But I am too not comfortable with the statements written in starting of thread. I think, responsible dept. has limited no. of visas to issue every year & when lot of people are applying in EB3, it would definitely take time to process applications.
And I read something about, EB1 spill over, and natural beneficial (first preference) is EB2 for that. So I do not understand where the point of discrimination is.
Some people say intention behind post is to divide EB2 / EB3 people; I am not sure what the intension behind the post is. But definitely person has ONLY made the statements & NOT given logic for that statement. Since most of us see everything (due to nature of job) logically & try to find out reason, this post won't be able to convince even a single member forget the lawyer & law makers.
At the moment I am thinking that I would be able to file I 485 in 2015-2017 (labor filing 03/2009)... but I wish some magic for EB3 also..... HOPE for the best.....
And I read something about, EB1 spill over, and natural beneficial (first preference) is EB2 for that. So I do not understand where the point of discrimination is.
Some people say intention behind post is to divide EB2 / EB3 people; I am not sure what the intension behind the post is. But definitely person has ONLY made the statements & NOT given logic for that statement. Since most of us see everything (due to nature of job) logically & try to find out reason, this post won't be able to convince even a single member forget the lawyer & law makers.
At the moment I am thinking that I would be able to file I 485 in 2015-2017 (labor filing 03/2009)... but I wish some magic for EB3 also..... HOPE for the best.....
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meridiani.planum
02-15 11:49 AM
Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.
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everonh1
08-05 01:38 PM
Guys,
Based on the posts here and elsewhere,even I had reached a conclusion that if your PD is not current and if you get married when its retrogressed,you will have to wait till it becomes current to add your spouse to your I-485.
But recently,I was talking to a friend.He was in exact same situation couple of years back and was thinking he cannot add his spouse.But when he contacted his attorney,he/she said there is nothing like that and he went ahead and added her to his 485 without issues. This is fact.As per his attorney any addition to primary application is allowed no matter PD is current or not. The thing is, it went off fine and he has not got his GC yet,but his wife's 485 is also filed.
Now I am not sure whom to believe.Is there any specfic USCIS faq or comments which clarifies this issue?
rgds,
everonh1
Based on the posts here and elsewhere,even I had reached a conclusion that if your PD is not current and if you get married when its retrogressed,you will have to wait till it becomes current to add your spouse to your I-485.
But recently,I was talking to a friend.He was in exact same situation couple of years back and was thinking he cannot add his spouse.But when he contacted his attorney,he/she said there is nothing like that and he went ahead and added her to his 485 without issues. This is fact.As per his attorney any addition to primary application is allowed no matter PD is current or not. The thing is, it went off fine and he has not got his GC yet,but his wife's 485 is also filed.
Now I am not sure whom to believe.Is there any specfic USCIS faq or comments which clarifies this issue?
rgds,
everonh1
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theMan
06-13 08:26 PM
Folks,
I don't remember many a choice at the stage of I140. I guess the lawyer made it for me. I did not bother to even find out more details, given the hopeless situation so far for EB3, India.
My I140 says " The above petition has been approved. We have sent it to the Department of State National Visa Center(NVC). The NVC processes all immigrant visa petitions that need consular processing. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to the consulate"
From the above statement, it appears that this is Consular processing. Could someone confirm if this is indeed CP.
Any idea , what needs to be done to change it to AOS. Is this a good idea?
I don't remember many a choice at the stage of I140. I guess the lawyer made it for me. I did not bother to even find out more details, given the hopeless situation so far for EB3, India.
My I140 says " The above petition has been approved. We have sent it to the Department of State National Visa Center(NVC). The NVC processes all immigrant visa petitions that need consular processing. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to the consulate"
From the above statement, it appears that this is Consular processing. Could someone confirm if this is indeed CP.
Any idea , what needs to be done to change it to AOS. Is this a good idea?
kevinkris
11-17 02:14 PM
No need to worry abt that.
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
saileshdude
02-06 06:47 PM
Vinod,
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
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