Thursday, June 23, 2011

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  • GoneSouth
    06-01 06:35 PM
    Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.

    As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.

    Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...

    Comments ?

    - GS

    (of course, this is all speculation, I realize there's a long way to go before this becomes law).

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  • eb3_nepa
    07-15 09:25 AM
    New Day today.

    Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.

    Also let us remember to update our signatures and include a link to this thread.

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  • Kodi
    06-25 11:51 AM
    Got approved just now. Labor filed EB3 on 23rd Feb Govt job. Thinsg are moving ... Best of luck to all !!!


    That's great. Congrats to you and good luck to all of us.

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  • paisa
    07-06 03:25 PM
    can someone tell me who is core? I hear core mentioned all the time here


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  • snathan
    08-24 09:37 AM
    If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.

    And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?

    There was no way for me to know, but my "guess" is close enough, dont you think?

    To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies

    So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives

    unfortunately USCIS/DOL has set the min wage limit which must be equal/above the prewailing wage. Your argument of noble cause doesnt hold water. You can do that in the home country itself if you want to work for NGO.

    dont worry about my comprehension skill rather come up with valid points and better argument. If you dont have any we can stop here as its a waste of time to talk about this crap.

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  • ivvm
    09-13 10:16 PM
    Paypal Payment Sent (ID #4VL772199A7170058)


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  • baleraosreedhar
    06-24 11:03 AM
    I would like to add some points where America is loosing

    1) Less number of students are willing to come to USA as they are not seeing any future due to H1 lottery system and they have to wait for one year to apply in the 20K category as they getting rjections in applie din april as they will be graduating in june timeframe.Students are not getting jobs as there are very few companies ready to sponser them.So a long time career settlement options for students is diminishing here in USA as they cannot get GC in 2-3 year timeframe and lot of companies are not interested in wasting their resources on H1 and then applying GC for prospective students.So all these student with bright ideas are looking elsewhere like australia,germany,Uk for their education and reasearch and residency.So american is loosing their future research scientists to other countries.

    2) Career Advancement :

    Lot of H1bs converted to EAD are facing these issues, they are not able to plan for their future properly as they are not sure when they will get their GC and the moves they are making now is it acceptable to USCIS, will the next job fall into the same category as Labour or USCIS will accept the career advancment theory.So they are in jeopardy weather to take a new job and take chance or stick on to the old job.As due to this issue even though he may be dreaming of biggest technological breakthrough/Biggest supply chain enhancement/ reveloutionaly marketing spin off , he will not dare to realize his dream as he himself is not sure of his position here in US, which in turn might have helped thousands of people gaining employment and in turn helping economy.So this constant issue of settlement may force the propective employer to leave his brilliant idea and move back to his home country.

    3) Peer pressure:
    As GC applicants are not able cherish their dream in the applicable timeframe they are constantly exposed to peer pressure to look out for other avenues for their career growth and settlement.

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  • lonedesi
    08-04 04:15 PM
    Letter to be sent for an I-140 petition pending at NSC:

    First Name, Last Name

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

    Dear Mr. Ombudsman:

    Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners

    I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

    This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

    Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

    Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

    Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

    I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

    Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.



    Please post a comment on this thread so that we can track how many members actually participated in this campaign.


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  • zappy
    09-15 01:15 AM
    This email confirms that you have paid Immigration Voice ( $300.00 USD using PayPal.

    This credit card transaction will appear on your bill as "PAYPAL *IMMIGRATION".

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  • immm
    07-19 01:21 PM
    Cases will be processed on RD only. However approval is based on PD.

    Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.

    Not necessarily. Here is a hypothetical scenario:

    PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
    Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
    PersonB = PD of May 15, 2002 and RD of July 15th 2007.

    USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).

    Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
    PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!



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  • test101
    07-06 11:32 AM

    Pls mention Zoe Lofgren's letter to DHS and DOS and also NY time article while talking/ meeting your lawmakers. Guys,pls dot it and it is worth giving it a try. We will not loose more than what we have lost by this fiasco.

    Hi :)

    Would not be a better idea if we came up of list of sentors/congressmen that we need to call for the day. This way each center office get a certain amount of call volume on the same issue. This might make a difference.

    let me know. We just need agroup of volunteer this will organize and target our effeort.


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  • unseenguy
    02-09 06:17 PM
    Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.

    I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.

    I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.


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  • addsf345
    11-19 01:26 PM
    One more update: Found another thread on RG's forum. This one is very specific.

    Re: EAD & wrongful denial of 485 due to I-140 revoked by employer after 180 days AC21


    Let my try to clarify my answer, since I didn't do that good a job previously.

    An EAD remains valid until it expires, unless it is explicitly revoked. Sometimes, but not always, when the CIS denies an I-485, they also revoke the EAD.

    For argument's sake, let's assume that an employer has attempted to revoke an approved I-140 in a case where the applicant's I-485 has been pending for more than 180 days. Let's further assume that the CIS denies the I-485 on this basis and also revokes the EAD.

    In my opinion, since there is no legal authority for such a denial, and the denial violates the law, it is invalid. Now, I want to make it clear that this is a very unusual situation. It is extremely rare that you find a situation where a CIS adjustment of status denial is clearly and unequivocally illegal, but this is one of those situations.

    Because a denial of this type is illegal, the revocation of the applicant's employment authorization is also improper. If an applicant, in this highly unusual and extremely limited situation, works without authorization, then in my opinion that falls into the "beyond his control" exception and no penalty can be imposed.

    desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???

    is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.

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  • raysaikat
    01-06 09:23 PM
    Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.

    Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.

    Further, these students have to graduate. Once again, there is no choice.

    For most departments, faculty quality is independent of student quality.

    I couldn't agree more!


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  • Milind123
    09-13 08:55 PM
    Milind you rock......thanks for efforts.

    No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
    Now please welcome bala, our special guest, who will take the last shot of this round.

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  • lonedesi
    08-05 08:45 AM
    Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
    Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.


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  • thomachan72
    12-12 08:47 AM
    Bank Of America denied my car loan. They want only US citizens or GC holders. I have EAD and apparently its not good at all for anything. I can't even get my drivers license. The DMV is waiting for a response from DHS, until then I have to find other means to go to work.

    The other day at walmart, I paid my groceries, as usual with the credit card, so the walmart person wanted to see my ID. I showed her my EAD, she said she cannot accept that...she wants to see my Drivers License..I said it is expired and the only legal document with a photo ID is my EAD which is issued by the federal Gov...she was not convinces but said, "aahhh!!! thats okay, I trust you." and let me go...till the end she was not convinced in her mind.

    You will get your GC in 2011.
    Which state are you in? Try other means of financing for the car. Sometimes the dealers themselves have options but might be a % or two higher.
    There was a previous post regarding admisibility of EAD as one of the documents for DL. You might want to search for that post. I asume you dont have an H1b, right?

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  • msp1976
    02-27 10:10 AM
    we have to convince the PBEC working folks that it is in their interest finish by Sept end...
    I am thinking about fax them a letter like this.......

    PBEC center has not performed well enough until now...This year some form of immigration reform would be passed..When that passes, there would be a lot of work in terms of immigration processing/legalization..If the PBEC/Exceed does not shape up and complete by September...We would urge the congress not to give Exceed corporation any further federal contracts..

    Only thing is my application is stuck in there and I donot want to put my name there because every dog/bitch has nuisance value...

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  • eb3_nepa
    07-05 01:26 PM
    Good work map_boiler

    08-02 05:11 PM
    Nebraska has issued only 2800 receipts for today...

    09-09 01:18 PM
    You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.

    I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.

    Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.

    Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.

    Just my few cents.

    Just additionally, It is not a good idea to invest in a House in India right now just as a pure Investment. You are right on that part.

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