Friday, July 1, 2011

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  • ramus
    07-07 10:07 PM
    who is up for DC?




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  • snathan
    02-10 03:12 PM
    bump




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  • Karthikthiru
    10-08 12:59 PM
    I came to US in 1996 as a student and graduated in 1999. Since then I have switched jobs and I am currently with a Priority date of oct, 2006(EB2). Even within this employer first they filed under EB3 even though it could have been filed under EB2 (Not becasue they are bad - becasue the employer don't know much about immigration). After I requested the employer, they filed a new labor on Oct, 2006. So if the priority date is based on the years of experience, it will be nice for me. But the main issue that all of us are facing is VISA availabilty. If this can be taken care, all of the issues will be taken care

    Overall the current immigration system is screwed-up. It really needs a major change. That is the main problem

    Thanks
    Karthik


    having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.

    In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!




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  • sankap
    07-10 12:35 PM
    @desi3933:
    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140

    That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.


    2. New job is bonafide

    Where did you read that requirement? Assuming, again?

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop

    A self-employed business is always real.

    2. Business Plan, Funding to support employees
    A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.

    3. Any contracts, orders etc
    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.



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  • amits
    07-20 06:40 AM
    I'm in ... $100 from my side.

    We're lucky that IV leadership is so devoted to 'our' cause. There would be very few individuals in this world, who can even think of selling their house for benefit of a group. Hats off to Aman!!! You're a hero, sir!!!

    Now here is our leader selling his personal house for a collective good, and here we are.... a group of 21000 and not more than 2000 (optimistic figure) are contributors... A big shame!!

    Those who got benefited by selfless efforts of Aman, and core team, but still did not contribute ... do you have any explanation for 'yourself'?

    It's not about $10, 20, 50, 100 .... A person is ready to sell his house for your cause and you can't even make a small contribution in your own cause.

    Those who are not contributing, and some who still have doubts, just read numerous media reports of praise of IV and how IV was instrumental in the outcome of July 2nd visa mess. And then..

    Just stand up in front of a mirror and ask yourself - is your inaction justified? Is it your pocket that does not allow you to contribute or it's just moral poverty that doesn't let you do it? Is it justified to just 'wait and watch' how others fight for you, and when it comes to reaping the fruits.. you'll run to be first in line.

    Is it not the time that you come out, listen to your antar-atma (inner soul) and contribute something for your own fight....?

    _______________________________________________
    Contributed $550, includes $50 recurring from july 2007.
    Pledging $100 for this thread.




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  • gjoe
    10-08 06:46 PM
    Though I don't agree with you on all that you said about the goverment and what I know about it, your approach was right in replying. I wish all the senior members had these qualities.
    Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.

    I would also thank whomever who brought my star color back to green :) after sometime in the red zone.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.



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  • raysaikat
    08-10 11:33 AM
    I git the I-485 Approval mail on 8/4/08 - but I have not recd any CPO mail or welcome PR mail - nor have I recd the notices in the mail -should Itake Infopass appt ?

    Does USCIS have the right address on file? If yes, then perhaps you should wait for another week before starting to inquire.




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  • sanprabhu
    11-18 01:00 PM
    Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks

    Sandeep



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  • royus77
    07-11 10:27 PM
    Originally Posted by conchshell
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about. :D.......




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  • dealsnet
    04-22 07:34 AM
    We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
    Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.

    Guys,

    I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008

    Admins, please close/archive this thread. It's painful



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  • palemguy
    11-30 07:54 PM
    Hi Mehul,

    very sad to hear your condition. We do have good medical treatment available everywhere. Get the best treatment. I have seen so many people recoved from cancer. Hope you will be the one among them. Don't give up hope and spirit. Hope both you and your family will get GC very soon.

    Consult a good attorney what to do immediately.

    I will pray for you.

    Wish you all the best to you and ur family




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  • p_aluri
    10-08 01:42 PM
    I am in the same boat.. came here in 1999.

    Now my priority date is 2006. It took 3 years to get my labor with my previous company. Company filed chapter 11 within a week after my labor approved.

    Moved to consutling company and started the whole process again..



    What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince



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  • sina
    08-01 01:45 PM
    Renewal application for EAD filed on July 30th for self and spouse. Checks have been cashed and got receipt number from the back of the checks.

    Let's see when it get's approved.




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  • avi
    12-18 03:48 PM
    anyone from July2 filers here waiting for FP notice still?


    Me! ... and two more guys from my office!
    we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!

    We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)

    Peace.



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  • wait4ever
    08-08 11:55 AM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!


    I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
    Thanks




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  • PD_Dec2002
    07-07 09:44 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....

    That's nice to hear. Can he guess what would be the likely outcome? If the judge just takes USCIS/DOS to task then it doesn't help us.

    1. Will they make the July visa bulletin current again?
    2. If not, will they allow everyone to file for EAD and AP?
    3. If neither #1 nor #2, will there be any financial reimbursement?

    Regards,
    Jayant



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  • InTheMoment
    08-01 08:35 PM
    Since it reached before July 30 it can reach anywhere !

    Though I would say pray for TSC !

    On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).

    Reached Nebraska Service Centre on July 26th.

    Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.




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  • GCKaIntezar
    06-11 01:30 PM
    at some month before OCT 2007 the dates would become unavailable.

    what would happen at that time?

    say your case was received by USCIS and they have not issued FP notices.

    what if they issued FP notices but not issued EAD and/or AP.
    would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)

    any ideas?

    How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?

    I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.




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  • ssa
    07-28 12:47 AM
    It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.

    Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.

    Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .

    is there anything that says that distribution further has to be done in a particular way ??

    I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.

    In that light every comment about EB*->EB? , failing smell tests are speculative at best.

    You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.




    reddymjm
    05-01 09:04 AM
    Look Here

    --------------------------------------------------------------------------------

    look here at
    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD


    "Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "

    It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
    EB2 went to U and then because of EB1 they are available. so it could be all EB3 numbers left. In that case we can see considerable movement in EB3. If EB3 ROW becomes current or close to current next visa bulliten there might be some movement for India and china in coming months or atleast IN FY 2009.




    balakishore
    07-20 10:27 AM
    Could some one please tell me on how to contribute for this issue ?

    I am ready to contribute a little.

    I hope everybody will contribute a little, so that AMAN will come out of this issue.

    --Balakishore

    ( Contributed $100 till today )



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