Tuesday, June 28, 2011

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  • anzerraja
    07-19 09:01 PM
    Thanks !

    Count me in for reimbursement - 100$




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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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  • p7810456
    05-23 10:25 AM
    Already emailed all the senators in the list.. including faxes to two of my state Senators, FL. Also.. going to call few in the afternoon.

    I hope this works..




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  • dingudi
    06-07 11:50 AM
    I used AVR (Automatic Revalidation Rule) to get back to US. If u have an expired stamp and a valid I-797, u can show ur PP alongwith original 797 and they'll let u in. But if u have used AP to re-enter before, u will need to use AP to enter US after ur landing. That being said, I know atleast 5 cases in the recent past who came back to US successfully using AP after their Canadian landing. I agree its a risk but most of the cases cud be hear-say. Just act innocent and that u dint know about the risk if at all u get questioned. Again, when the law permits u, why shud they question? Also, u still dont have ur US GC in ur hands...so let them know of it in a nice way if they harass u. Tell them that once u get ur US GC u will give up ur Canadian PR.

    It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.



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  • abq_gc
    08-18 03:00 PM
    you manage people with a stick ?? :)

    All we are asking is to support some kind of action against the USCIS...
    we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something

    we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...

    for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3




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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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  • akambh01
    12-03 05:11 PM
    I am sorry to hear your situation.You will Survive Mehul. dont loose the hope. I strongly believe this time for some reason my sixth sense is telling me that you will survive...please dont loose the hope please

    Thanks
    Ajay




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  • devmaha
    02-18 03:27 PM
    --------------------------------------------------------------------------------

    I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.



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  • sreeni78
    11-18 08:54 AM
    Sent it to MI senators and my congressman.




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  • saimrathi
    07-09 04:13 PM
    Originally Posted by Naveen
    Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.

    Thanks Naveen for the initiative.



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  • nagsen0
    08-29 11:43 AM
    hi GC4US

    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!

    Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.

    Your help would be highly appreciated![/QUOTE]




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  • unitednations
    08-25 03:39 AM
    I am not sure what the writer is trying to say.



    In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.



    Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.




    What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.

    H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.


    these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.

    Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?



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  • abracadabra102
    12-17 12:01 PM
    "To be without some of the things you want is an indispensable part of happiness."
    - Bertrand Russel (Conquest of Happiness)

    Sounds counterintuitive but probably true.




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  • nk2006
    07-07 03:04 PM
    Yes, registering with the Police department of the city is a must. All they need (at least in San Jose) is your name, driver's license number etc. They will register it.

    You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.

    Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.

    Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.

    Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.

    Nice to see the momentum is picking up. It would be great if all the rallies (in different cities) are planned on the same day to have maximum coverage to get more attention. Who knows we might even get some national media coverage - especially if 3 or 4 rallies succeed.



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  • shreekarthik
    10-08 06:40 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.




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  • sanju
    02-26 05:14 PM
    That is several years since its inception : limited number of paying members, half hearted participation in various campaigns, and inactive state chapters.

    And who is hurting because of this? Is it not you? And me? and our families? Whose fault is it that we refuse to actively participated in the effort that wants us to lead a stable life.

    You see, most people here work in IT. So we have binary logic. 0 & 1. There is no in between. So most people in this community of educated illiterates wants the world to be perfectly aligned before we lift a finger. Lets wait for few more years for GC before we contribute my hard earned $20 after bickering for 10 years, way to go.

    .



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  • rpulipati
    09-27 01:57 PM
    Well that was my guess. Thanks for insight.

    rpulipati,
    It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.




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  • Rohan99
    09-04 03:56 PM
    Hello, Anyone on July 3rd R.William 9:00am NSC got receipt yet??

    PD:May 2006
    140: Aug 2006
    i-485 : @ NSC july 3rd waiting for receipt

    July 3rd R.William 9:00am NSC




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  • rajeshraipv
    12-16 12:55 PM
    caveat - you teach best what you most need to learn (richard bach?)

    We'll find other things to worry about after the GC. However, I think a focus on learning/self improvement, health (exercise and meditation should go a long way..although i haven't really spent as much time as i should on this) and most importantly on financial objectives should help.

    Most of us are here to secure our financial futures. Focus on good investing practices, learning how to invest both your money and in yourself. The worst thing we can do is to be paralyzed in thought and action by USCIS processes.

    again....you teach best what you.....




    PDOCT05
    10-11 09:31 AM
    I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
    Hope every one of us will receive our receipts, EAD and AP asap.

    Congrats ...i think July 3rd filers count down started...please update list.




    dpp
    07-28 03:09 PM
    As far i know in the whole world, nobody thinks about the group unless it is beneficial to himself(herself) first. This is natural human mentality, there is nothing wrong in it. Only exception is "Saints". I don't think we are Saints.

    The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers

    No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!

    Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.

    Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.

    Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...

    Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?

    Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?

    After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.

    I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?

    Peace!



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