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  • pyaradesi
    02-06 07:30 AM
    Kudos to Team IV for keeping the flame alive even in such a situation. If anybody noticed, IV is probably the only organization making any noise about us EB folks right now.
    Pappu and core team, awesome job, please continue with the efforts. I had a few ideas:
    1. Can we highlight past distinguished immigrants who have come thru the EB channel.
    2. The core team, can you please tell, is it realistic to expect congress to view EB separately from CIR?
    3. A lot of us here, have American managers, who would in all probability vouch for us and highlight why they want us to get a GC. We could even quantify this in dollar amounts. Can we highlight this?
    4. A flash went off in my head when I read about a march to DC, do you remember the Civil rights movement, Dr Martin Luther King Jr, can we use this great man for inspiration? After all, though our cause may not be even close to what African American suffered, there are parallels.
    5. Can we take some airtime on tv/radio to highlight H1bs? Is it a good idea? Maybe tech magazines ads?
    6. Compile a list of Congress man/women, Senators nationwide, their stance on EB quota removal, this will help us quantitatively identify where we stand.
    7. Folks, we are in a very tough adversarial situation, let us not forget that 40 od years back, if not for Civil rights movement, we would not be here.
    9. Are there any celebrities who would/could support our cause? Hollywood, u never know we may have support from the most unlikely places.

    This apart, a question to the Gurus, is the DOS visa bulletin based on DOL labors filed for that month? Does DOS confer with DOL to see how many labor certs were filed for the next month to come up with the visa bulletin? If this is the case, the visa bulletin may move at a good pace this year and next, please correct if wrong.

    IV Core team, please lead the way, even if there may not be 100% consensus.





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  • anilsal
    12-11 04:04 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.

    I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
    http://www.americanlaw.com/aos.html

    I think this act is not the applicable one.

    So I think we are still green to discuss this. Do you interpret the same?





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  • hsm2007
    09-20 07:37 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.





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  • Chris Rock
    08-11 03:16 PM
    If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.

    If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.

    IMHO. Not to find fault with anyone. Please do not mistake me.



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  • rpulipati
    09-26 09:44 AM
    If you guyz like it, please use it.

    ===========================

    Dear Editor,

    I'm a skilled worker and attended the rally mentioned in the article. But as per the article, our intention was NOT to get attention to H1-B visas, instead
    ---------
    the rally is for the skilled legal immigrants already present in United States, requesting Congress to speed up the permanent resident applications by re-suing the previous years unused visas and/or increasing the annual cap.
    ---------

    There is a lot of difference between these two agenda's and this article really sends a wrong message to the entire American community.

    So, I request you to please act immediately and correct the article. Also, please do sufficient investigation before you post things that are important to community (such as immigration).

    Thanks

    ===========================





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  • abhishek101
    06-15 11:36 AM
    as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.



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  • indio0617
    02-15 01:06 PM
    Berkeleybee,


    Just so that you know, I am caught in the name check too. This is a bigger blackhole than even labor processing. Becos atleast labor processing your Immigration Attorneys can write to BECs (You may or may not get a reply, that is a different issue, but atleast it is allowed). In case of FBI name check, you just cant do much. It is a much dreaded process in the whole game and needs to get enough focus. Eventually, it is going to be everybodys problem.

    Thanks.

    You are probably aware of these and have already tried it.

    1. Heard the attorney / employer can file for some extra paperwork to expedite name check. I am not sure what it is... Have you checked into it.

    2. Request your Senator / Congress staff to look ibto your case. I heard that often hastens the process. Some of my friends have had success with that approach.

    FYI: My employer (Healthcare) has had phenomenal success with I-485 approvals. Average processing time has been 6 months.





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  • conchshell
    07-28 11:00 AM
    Instead of discussing this matter on IV forum ... please report it to Vishwa Hindu Parishad ( www.vhp.org ) They are actively searching for such issues.



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  • GC_SUCK
    08-16 01:25 PM
    I have no idea. The first time I called them was in May (couple of weeks after I did my fingerprints). And was told NC is clear and yet not picked up by any IO for review as they are processing 08/2006 RD cases and my RD is 03/2007. So I have to wait for my turn.

    That's all I know.





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  • saravanaraj.sathya
    03-10 03:02 PM
    There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.

    Ve fun

    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?



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  • meridiani.planum
    03-03 01:36 PM
    I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.

    whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.





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  • sri1309
    12-12 06:43 AM
    Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.

    Compare that with US consulate and DOS VISA bulletin and GC process...

    Kumar,
    We recently had this experience with our bank. We saw a level of carelessness thrice. You know what, we closed our account with the bank and open it with a new one. Please do not assume somebody is doing a favor on you. You contribute and work hard. You will get benefits. Same applies to the other party also. Please be able to see from both sides, else it will leave a bad taste for you as you seem to assume that you are the taker. Most of us are givers too here. Please respect the contribution IF you make. I have seen this one-sided feeling mostly with people who are just takers and do not contribute atall. If thats the case, then you are absolutely right.
    But not in my case. Doesnt look in Kavita's case or many others, as I see.



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  • pbojja
    12-10 11:45 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .





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  • nirenjoshi
    03-09 12:33 PM
    China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!

    India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!

    China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.



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  • sdudeja
    10-25 12:58 PM
    My PD is May 21, 2007





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  • imneedy
    05-07 06:31 PM
    imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.

    Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).

    coopheal,
    I think it is a good idea, just contributed, thanks!



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  • rpatel
    07-24 08:42 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??





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  • chaukas
    05-15 05:14 PM
    Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.

    To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.





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  • like_watching_paint_dry
    11-18 11:38 AM
    How long can we keep our career on hold..

    I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.

    Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.

    What do you think?

    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )

    I wish you all the best with your life.

    lwpd





    webm
    05-08 10:00 PM
    I had checked the status earlier this morning (as every other day) and as every other day there was no LUD. When I got home this evening saw the following email (got one for my wife's application too)

    I still remember very vividly the day I handed my papers to our HR in Sept 2002. It took our HR nine months to complete recruiting and send it to DoL. I am sure I will remember today and the day we get the physical cards better :)

    Receipt Number: SRC07192xxxxx

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On May 8, 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.


    Congrats!! pal..





    greatzolin
    08-15 04:18 PM
    They should have continued down to EB3 w/ those dates..!



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