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  • delhikadesi
    09-14 12:44 AM
    whats wrong with you guys...you guys are filed in EB3 category...does not mean that you are less then any EB2 person.

    cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.

    So if you were eligibile or had a choice, why you chose EB3????
    now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????

    you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!

    In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!

    DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.

    If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)




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  • pankajkakkar
    08-08 12:17 PM
    Stuck for years
    In the debate over illegal immigration, don't forget the many legal immigrants waiting for their turn.

    by Pankaj Kakkar

    Legislators in Congress are as divided over the issue of illegal immigration as Americans are. Opinions are strong, debate is passionate, and no end is in sight. Proponents of quick reform, from both sides of the divide, stress the urgency of the issue and the need for a solution soon. In this debate, however, the plight of legal immigrants is forgotten.

    The path to legally acquiring US residency and eventual citizenship is long and unnecessarily complicated, yet many deserving immigrants attempt it every year. Legal immigrants are roughly divided into two categories - family based immigrants and employment based immigrants. These immigrants face years of waiting due to anachronistic laws, discriminatory quotas, onerous bureaucratic hurdles and paper files needlessly being pushed through the system. They also face mounting legal and other tangible and intangible costs. Through all this, they work hard, pay their taxes, and live upright, lawful lives. It is in the interest of the United States as a whole, and Americans individually, to expedite the immigration process for both employment based and family based immigrants.

    The benefits are easier to see for employment based immigration. This category has attracted the best researchers and entrepreneurs of the world for the last half century. Immigrants from this category have started companies that employ hundreds of thousands of Americans (with some of these companies featured in the Fortune 500 list). Others have done research and invented technologies that have earned them the highest awards in their fields, such as the Nobel Prize. Even those who haven't been as successful have been an indispensable part of America's economic growth and progress, especially in technology, over the last half century. In my country of birth, India, the phenomenon of the best minds leaving for the US was called the "brain drain" - it isn't hard to see that India's "brain drain" is but America's "brain gain".

    Family based immigrants also benefit the US, although in less economically tangible ways. The best minds of the world, immigrating to the US through the first category, would be most comfortable and most productive in an environment where they're close to their family. These family members themselves contribute to American society by being productive, law abiding, and patriotic citizens.

    Typical legal immigrants have to wait 5-10 years, and some family based immigrants as long as 20-25 years, before they can even get a Green Card, after which another 5 year wait for acquiring citizenship ensues. These long waits have already persuaded several potential immigrants, many of whom could have been founders of Fortune 500 companies or Nobel Prize winners themselves, to go back to their countries of origin. Quite a few have also immigrated or are considering immigrating to countries where immigration laws are friendlier and less bureaucratic, such as Canada, Ireland and the U.K. While legal immigrants benefit the United States greatly, America does them, and herself, a disservice by making them suffer through an interminable immigration process and countless bureaucratic hurdles. America can and should do right by them.

    Congressman Shadegg (R-AZ) has introduced a bill, called the SKIL (Securing Knowledge, Innovation and Leadership) Act, in the House of Representatives. This bill, which has 9 Republican co-sponsors, including Congressman Mike Pence (R-CO), a leader on the issue of immigration, will significantly ameliorate the wait times and hurdles that legal immigrants face, while also benefiting the American economy by making sure that the technology leaders of tomorrow innovate and invent in the United States, and not elsewhere in the world. A similar bill has already passed the Senate. The House should consider it soon, and pass it as well.
    =================
    Added by pappu
    Published on oct 02, 2006
    http://immigrationvoice.org/forum/showthread.php?p=27239#post27239

    http://news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f

    news.newamericamedia.org/news/view_article.html?article_id=71b07f51db4b780d19530 b364b3d6b9f




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  • Munna Bhai
    02-08 04:00 PM
    Online status certified...filed in Nov 2004...but no hard-copy yet..so that to do next??




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  • priti8888
    06-24 04:13 PM
    Think about this

    Only EB India /China /mexico/Philipines(ICMP) suffers the most for their GC's

    EB ROW do not worry about GC process as much as ICMP. Their wait is not more then 2-3 years.

    Its wrong to generalize that since ICMP's suffer , all other EB's suffer.

    Its totally baseless to generalize that since ICMP's dont invest , go back to home countries due to GC , everybody does.

    US does not gain from intelligent Indians only. There are PhD's and smart ppl from other countries as well.



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  • NKR
    04-02 07:24 PM
    Well said. I also wonder how that fellow has 4 greens. Funny forum. No fairness.

    How do you rate a post?. How do you give a green/red?.




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  • GCBy3000
    01-03 04:22 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).



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  • jonty_11
    07-06 05:37 PM
    look closely..I think this fiasco is affecting the basic senses also.




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  • gc28262
    06-26 02:26 PM
    My labor is certified online today June 26,2007. Awaiting the hardcopy of labor certification.

    Center: Phily BEC
    PD: May 2004
    TYPE : EB3 NON-RIR

    Wishing good luck to all of you waiting in BECs !



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  • snathan
    02-10 10:11 PM
    I will. Thanks for rounding up.

    I am still waiting to see your contribution....Do you need any help to write the check




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  • govindk
    07-11 08:15 AM
    it is really a good news for EB2-I :)



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  • grimreaper
    12-08 07:52 AM
    My Wife's H1B is expiring in 30 days. We had filed for extension 15 days back and are waiting under regular processing. I contacted local DMV employee( whom I know personally) and he contacted their legal dept in Sacramento to see if we can extend DL based on extension recipt and the answer has come back that we cannot!

    Anyone recently extended their DL based on extension notice in CA? If so which DMV is advisable in the bay area? Thanks




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  • vpadman
    01-07 03:45 PM
    What are the scenarios under which emergency AP is applicable ?



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  • learning01
    03-16 01:34 PM
    I agree with your partial disagreement. It's all about Group Dynamics. You know what I mean. Forming, Storming, Norming (settle at common goals, workable strategies etc) and Performing. While it is feasible that all these can proceed parallely, full impact of the group and hence its achieving its goals will happen when these steps are followed quickly and serially.

    It is their country and immigration laws and procedures are their concern. They will agree to discuss today and settle to vote after next elections. That's my concern. That's where I said, informing/ just writing to your own employers is enough. These companies, our employers are to a large extent gentlemen. I have a feel that most of them take this FYI / petition seriously. And they will do something about it. Trust me.

    I will agree with you partially, you're right, big corporates can make a difference, but I said partially because I feel we are more powerful than the corporates. Look at the numbers, inspite of atleast 350,000 applications stuck in Labor Backlogs & other 200,000 people waiting to file their adjustment of status, we just have 1200 members. So there are only 1-2 % people who thinks they or their fellow citizens can do something. If even 20% of this population start making noise, you'll have a different opinion...




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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • amitjoey
    05-06 03:54 PM
    Please help us help ourselves. If we do not mount pressure, we will have ourselves to blame for the next 10 years.
    Please call all TIER 1 senators first.




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  • chocolate
    06-03 03:49 PM
    If you are eligible to file I-140/485 now then how come you are stuck?

    Remember nothing has become law yet..

    MY employer is a consulting company and i had a rfe to my h1 extension for 8th yr so he wants to wait to answer rfe , then get approval and next file for next stages. I have tried all the ways to make him file and not able to.I just hope the new labor laws will help. Acc to that he shud file for next stages in 180 days starting july 15 th right. What is this May 15 thing?Any inputs. Thanks in advance.



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  • subujee
    09-09 07:53 PM
    EVen though I was stuck in labor certification for 5 years and was able to file for my last stages before the mess, still I feel other folks in this immigration community should not be stressed like me . So, even though I can't make it to the immigration rally, I am contributed $100 rightaway and will try to convince my other colleagues on the same boat to contribute.




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  • kshitijnt
    06-26 02:08 PM
    I totally agree with you, but think about this.

    For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.

    My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.


    I have already said that those being replaced will come in at a lower salary and contributing less taxes. Because if you are in late 20s, early 30s then you are about to settle down. I dont know how many people at this level want to come to America. Even in India people at this age will not want to come to US if they have children who are about to go to school. So these guys will most probably be replaced with younger workers.

    Again, how long this game of fooling people will go on?

    People from other countries are there and willing but they dont have the same NUMBERS that India and China have. Like can 5000 people of SAME quality and salary come here from say western europe? If they can, why are they not trying it already? I work with lot of europeans in my team. I think they want to visit here but dont want to live here.




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  • reachag
    12-18 02:30 PM
    # nycgal369, Senior Member like you coming up with this idea...hmmm..

    Do you think mass rallies by illegals has helped them? Did not it back fire? will be the same for us. Will not help. The question is not about being scared, its more about doing the right thing.

    First of all, forget about back firing, can we get 100 people to do this. IV has been trying for funds and i dont think even 10% have contributed..why would u think any one would loose a pay day? even if you take 20$/hour i.e 160$ per day. Lot of members are not ready to contribute 50 bucks :) There might be a few who can not contribute due to various reasons and i totally sympathize with them but what about the remaining?

    My point is not to discourage but just for a reality check




    ramus
    07-06 01:01 PM
    I think it is made up statement from your lawyer.. Can you ask him about lnew ink on AILA..

    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.




    gcformeornot
    03-17 07:35 PM
    I received letter from IRS 2 days back it says I am elligible....



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