Friday, June 10, 2011

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  • I_need_GC
    06-30 04:31 PM
    Earlier today I got an email from USCIS that said
    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

    Then by the evening my I-485 said
    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

    Problem My EB2 PD is not current, is this a system glitch or did I get GC?

    Here are my stats
    PD 2007/ India
    Arrived on H4 Sept 1997
    Change to F1 Jan 1999
    Change to H1B Sept 2004
    Applied extension Sept 2007
    Applied for PERM June 2007
    PERM Approved June 2007 EB-2 (approval in 4 days)
    filed I-140, I-485 in the July madness
    I-140 RFE March 2008
    I-140 Approved May 2008
    I-485 RFE May 2008
    I-485 Approved June 30, 2008




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  • justice4all
    07-21 09:04 PM
    Hi All,

    Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.

    Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?

    I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.

    I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.

    One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?

    So please let us start acting now: The list of next possible steps (in no particular order) are:

    - Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
    - Get the support of IV core team for this
    - If no other alternatives are available then consider filing a case. Consult an attorney for this
    - Raise more awareness about this and get allt he support we can
    - Raise some money towards this cause


    So please please provide more inputs so that we could start making some real progress. Thanks!!


    Hello Risker,
    After going through all postings, it is wise to consider the following actions in order:
    1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
    2. In the meantime, Get the details of peoples whose case are still in backlog centre.
    3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)


    P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.




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  • kris04
    09-12 09:26 PM
    Hey guys

    Just received email from CRIS regarding I-485 denial notice for both me and my wife.

    I used AC21 after 9 months of filing I-485. My I-140 was approved before even filing I-485 in July fiasco.

    My attorney promptly sent AC-21 and G-28 and i did see LUD on my and my wife's I-485 after that.

    My previous company informed me sometime ago that they are going to revoke I-140 and probably they did and i am assuming that's what triggered this.

    This is certainly a big damm mistake they did even after sending AC-21 docs and G-28.

    sorry to hear about your new issue. Your case can be easily fought back, cheer up. My case was AC 21 and fortunately my I 485 was approved last month without any RFE, but before approval I spoke to NSC customer service and got hold off a very good guy , who happened to be very helpful, he mentioned that the letter requesting to port the employer or change of attorney need to be addressed to appropriate division, failure to do will cause all these problems, since it take time for the USCIS to route the letter to correct division and most likely getting lost. The only solution to address this kind of problem is to bring the much needed regulation to AC 21 , a formal application process where we can track the progress.

    Cheer up, good luck

    regards

    kris




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  • lonedesi
    06-22 08:42 AM
    I was wondering if IV core had some time to analyze this bill and summarize it for their members like the previous version of this bill. Would appreciate a quick summary of this bill with Pros/Cons in this bill for our community.



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  • gconmymind
    04-25 06:25 PM
    Paypal Txn - 9JE97728L1653061Y

    More will follow shortly...

    Thanks for doing so much for the community!!!




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  • priti8888
    08-01 07:52 PM
    hi,
    Does anyone has any info about danalaw in CA


    Danalaw is not good. We wanted some advise for an H-4 transfer and she said "no u cannot do it"..We went to another lawyer "robert ng" in san jose and he was helpful .



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  • chanduv23
    09-17 01:07 PM
    This is the chance - please make up your mind - We know a lot of you are still sitting on the fence and debating

    Lets join all those goodsamaritans who are out there doing lawmakeer meeetings and compliment their efforts

    Yes, IV is you and you are IV - you must participate and you can - you just have to jump the fence and walk your wway to glory




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  • Pineapple
    06-20 11:45 AM
    ...These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. ...

    Again, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
    Not true, by a long shot.
    To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
    This is why it is in the best interest of companies to support EB GCs.
    My friend Senthil makes the same mistakes (repeatedly, unfortunately):
    (A) Assuming that "good" companies will not be affected by any change of increase in fees for H1B, since they presumably have unlimited pockets and unlimited access to unlimited talent. (Big ha!ha!)
    (B) "Good" companies can always get to hire people in US if they exist, and the only reason they hire H1 is that they cannot find anyone in US as there is no one in US who is good enough for the job for love or money (Bigger ha!ha!)
    As to the question "then why are companies not doing enough for EB candidates", I do not know, and neither does anyone know, truthfully. Maybe they are, but as someone pointed out, no single player in the CIR game has enough clout to run the whole show. Or else the bill would have been passed long ago.



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  • unitednations
    03-24 06:24 PM
    Can you throw some light... I am scared. Looks like you got some insider info.


    Not insider information but I do have access to a lot of rfe's and issues that are going on in the EB community:

    USCIS revoking approved I-140's
    USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together

    department of labor auditing just about every eb2 labor

    vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)

    Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa

    companies closing down because fines/penalties from department of labor are too much.

    random visits from department of labor and ICE to employee homes

    IRS auditing per diems


    It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.




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  • Jaime
    09-08 11:23 AM
    You still have time! Come on, change your mind and attend the rally! We'll help you with the funds!



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  • dagabaaj
    09-25 11:48 AM
    Mark, point taken but I do believe if we can raise some stink then we should. The Law firms need to realise that the country club memebership is coming at the cost of some poor sap stuck in the immigration rut and all he/ she needs is kind words and sound advice. I shall stop my ranting about Fragomen after this post.

    On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.




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  • chennai
    07-23 12:02 AM
    Thanks for the reply. I talked to IRS and was on the phone with them for 1.5hrs and she said I can apply for her ITIN even though she is not here.

    Anybody here got ITIN for spouse even though spouse is not in US?

    Thanks.



    You can apply for ITIN even if your spouse is not in US. I have done it ealrier but the only condition is she shouldhave visited US on dependent visa last year for your to claim?
    -Udaya.



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  • TIND_CT
    07-08 04:41 PM
    I recommend ww.usvisanews.com
    Very responsive and efficient, from my experiance...




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  • vik_tx
    06-14 08:57 AM
    Good news for some and not so good news for others. I have been waiting for my labor for last 4 years and have still not got the approval on hand. So I am not ready to apply for 485. Where as a friend of mine who came to US last year and applied for labor through perm 2 months back has his approved labor and can apply for 485. I feel this is kind of unfair. The dates should have progressed slowly but steadily instead of trying to create a mad rush now.

    I had a similar issue.. labor was stuck in the backlog ctr for 4 years.. Tired of waiting - i then directed my lawers to request the dol for a screenshot, ven though my h-1b was valid and i did not actually need it.. lo and behold.. 15 days after that .. it was miraclously approved.. I suggest you try the same.. keep me posted if that works.



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  • willwin
    03-14 11:23 AM
    Thanks BharatPremi!

    Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:

    1. Not MANY cases left with PD before 2003
    2. 2003 and 2005 most cases moved over to EB2
    3. In July 2007, PD moved over to June 2003

    What about cases in 2004? not many?

    And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?

    First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
    Labor black Market flourished mainly in NY, CA and TX.
    We saw a new animal "Virtual Office". Lot of ethically and
    morally(Now even legally) illegitimate transfers occured
    from EB3 to earl PD based EB2.

    Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
    May PERM was gonna to be released, people
    fanatically started preparations to switch over to EB2
    using PERM. So maximum fence hopping done in this
    period and continued till 2006 mid.

    Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.


    So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I

    Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.




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  • saimrathi
    07-03 05:09 PM
    I second that motion..



    I don't know what you are confused about. Ther is nothing confusing about it at all. Maybe you're just a plain dumbass.



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  • kate123
    02-16 09:21 AM
    desi3933,
    I didnt meant to ignore you. I was kind of busy yesterday so I couldnt reply to your message. Thanks a lot for correcting me and interpreting the text properly.
    well I guess we are back to sqaure one.
    Even though it can be legislative fix can we still have an action item? well... I dont know!


    So far kate123 has not responded to my post. May be because reply was something he wasn't looking for .....




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  • gopinathan
    07-23 09:09 AM
    did any one receive a rebate check like this?

    Gurus,
    I applied for tax return with my cousin as dependent. I am H1B on a project working for MNC, spouse in H4 and my cousin is doing his MS on F1. Since my wife has only ITIN, my understanding is that there is NO stimulus payment for me and my cousin will loose his $300 as he is claimed as dependent. last week, my cousin got a letter from dept of treasury that his stimulus payment is on the way and sure enough, couple of days later, a check for $300 is waiting for him.

    Is this normal that a person with a SSN who filed his return as dependent get stimulus benefit? just checking if anyone else got one like this.. does this mean I can expect $300 for myself being on H1B with SSN also?

    thanks for any suggestions..




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  • pappu
    02-12 05:46 PM
    Couple of days back, I do differed with IV objective to persue only filing of I-485 by Feb 15. Also, one gentleman from this forum asked me to quit IV...

    I am of the opinion that "Difference of opinion" to achieve goal is OK but not to loose UNITY...

    I did not quit IV but today contributed IV because I beleive IV is fighting for Immigration issues/cause..

    Amen...!!
    Thanks. Our ultimate aim and big picture needs to be kept in mind and we try to pursue all options, all approaches and do every effort possible to get success. We all need to stick together and work harder. Positive energy from everyone also helps us all in moving forward.




    Hermione
    09-26 12:34 PM
    rennieallen, the total number of green cards issued in 2006 was 1.2M, total population of the US is around 300M. Now could you please explain to me, how additional 10-20K green cards a year that will go to Inians as opposed to ROW will have any impact on the "pot"?




    wellwishergc
    03-17 08:11 PM
    I think I-485 filing clause is needed. Please note that the USCIS is not staffed enough. So there is a high possibility that the priority date retrogression will continue even if all the current provisions included in the Frist bill is passed. They will retain the retrogression in order to control the number of applications. In such a scenario, it is important for us to try and introduce the I-485 clause, so that people could get their EAD while they wait for USCIS to clear the mess. My 2 cents.

    if this presesnt clauses r there..i think its enuf for us to et the dates current...recapturing unused visas and increasing visa numbers



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