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  • ksam75
    07-02 09:57 AM
    Attorney shipped the package on June 29th. This is what the FedEX website says:

    7:40 AM At local FedEx facility LINCOLN, NE




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  • Jimi_Hendrix
    10-27 11:10 AM
    I do not think IV is standing alone on this issue. I think that IV is making alliances based on our membership size, funding and reach capabilities. Many times when such alliances may be formed, the other side may not want to be identified in the media. This is particularly true in the current political climate where each side is out to villify the other. I believe that as individuals we should keep creating more awareness among fellow retrogression sufferers and GC applicants alike. I find it amazing that there are so many applicants out there who have not heard about IV. I keep meeting people who suffer from so many retrogression issues and then again they are doing nothing to fight it.




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  • Macaca
    07-09 12:54 PM
    Adjustment Of Status (AOS) Application Submission Laws

    An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
    An immigrant visa is considered available for accepting and processing AOS application if

    the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
    (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.

    The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”

    For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
    Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

    For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.

    The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:

    Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
    Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.



    How were the above laws followed in the following cases (which may not be a complete list)

    Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
    May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
    June 12 when < 37,800 #s were available but ALL AOSs were submittable.
    July 2 when 0 #s were available and ANY AOS was not submittable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
    Months in 2005 and 2006 when ANY AOS was not submittable.
    10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.




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  • b_boy
    02-22 06:01 PM
    well, really I dont have words to express what frustration means, so be it. my PD is Nov 2003 (original Labor) and filed 485 in June 2004 and have 7 EAD cards thus far.

    Started to work on EAD since 2005.

    This is my 11th year in this country, never tried to do labor substitution always was and is a legal and law abiding since I came to this country on H1, despite changing jobs been as a developer since then - till now.

    This GC process got me grey very soon, unsure if I become bald. This is the state of legal immigration in this country, God bless.



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  • logiclife
    10-08 01:45 PM
    Excuse me for being a little blunt...but

    People really need to stand up and see what it takes to bring about change. People are loathe to drive 10 miles and attend a state chapter meeting, and you want to overhaul a system to the extent that you get credit for time/experience in US?

    I am not saying its a good or bad thing. What I am saying is, what you are asking for is a major overhaul. GC is driven by A PARTICULAR POSITION offered by A PARTICULAR EMPLOYER, where its proven that NO US CITIZEN WAS WILLING, QUALIFIED AND ABLE TO do the job. How can your previous job get you credit for such a position and petition driven GC process? If you want that, then system needs major change where GC is not drive by one particular job offer from one particular employer who sponsors you.

    So basically, you are looking for a RADICAL change in the system. Nothing wrong with dreaming, but kindly show some friggin activity and effort on your part before putting up new ideas on forums.

    Otherwise if you are sitting around and

    1. Offering new innovative ideas for GC reform on forum posts that lawmakers dont read.

    2. Never go to lawmaker meetings in DC or locally or attend any local meetups of IV.

    3. Cancel recurring contributions as soon as your EAD card shows up in your mailbox.

    Then please, keep your really creative and excellant ideas to yourself. Because Ted Kennedy is not going to change the system and give you credit for working here since 1999 or 1929 and reset your PD to 1999 or 1929 BASED ON YOUR BRILLIANT IDEAS on forum posts.




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  • gclongwaytogo
    10-12 03:29 PM
    Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
    Sent to NSC on july 2nd. Received by them on 3rd.
    Had LUD on approved I140. (Transferred to TSC)
    RNs start with LIN!!!



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  • sparky_jones
    09-23 04:20 PM
    * is expected to move very slightly forward
    * are expected to move slowly
    * is expected to move very slowly
    * is expected to remain unchanged
    * to move very slowly forward

    I love english. You can say the same thing in 10 different ways without hurting others.

    -- He could have done it with just two words as "Forget it" and closed the meeting.
    Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!




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  • unitednations
    03-08 04:21 PM
    I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
    Be prepared with good documentation and you should be fine.

    Following is an e-mail I received from a person on L-1 with IBM.


    Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.

    In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.

    I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.

    What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.

    Looking forward to hearing from you soon.



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  • needhelp!
    02-26 06:29 PM
    Thank You abqguy.




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  • walking_dude
    10-08 02:48 PM
    Please donate $5000 to IV and they'll make it their top-most agenda

    ....
    I would say IV should make PD based processing as the top most priority in their agenda. ...



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  • syzygy
    07-10 08:19 AM
    Racial Discrimination Policy followed by USA Immigration


    some suggestions on the content that we should put on the banners for the San

    Some Quotes from famous people which might help in the rally:

    There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist

    We can add some thing personal below the above statement on the pamphlets

    Everywhere immigrants have enriched and strengthened the fabric of American life.
    --John F. Kennedy
    PS: So Let it be �.




    America was and is the immigrant's dream.
    Don DeLillo
    PS: Do not smash it by the incompetent immigration services

    Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
    Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
    ps:....


    The divide of race has been America�s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
    If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
    �. hehehe my quotation




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  • shantak
    03-18 06:27 PM
    Called two weeks ago as per my post above. No FP yet. At this point I don't even care anymore... :(

    Thats a good way to lead the life, but this immigration process is taking a big toll . Hope we all come out of this
    Thanks everyone for providing an update. Atleast that gives an idea as to how many are still waiting. Please update accordingly



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  • supreet
    07-08 04:02 PM
    Hello All,

    After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

    Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

    OR

    Is being on 1099 while on EAD a bad idea and I should stay away from it?

    Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

    Thanks all for you replies!!!

    - S




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  • TeddyKoochu
    09-23 05:30 PM
    Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?

    Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.



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  • desi3933
    06-28 10:11 PM
    Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
    Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

    "Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


    They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?


    As per I-9 form

    The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice




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  • sam_hoosier
    12-17 10:09 AM
    That may be so but the number of those who choose to stay/would rather stay is overwhelming compared to those who don't ;)

    I agree. Most people are risk averse & the decision to go back is a tough one. However, more people are considering that option now than ever before. And the ones that I know have gone back are pretty happy with their decision.



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  • breddy2000
    06-27 11:23 AM
    guys new to this forum. Was in another forum. But here is the real deal.
    Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
    A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.

    thats it my 2 cents...from the inside


    I guess the employer financial records are applicable only during I-140 stages, "Ability to Pay". But for 485 I do not think it is required for employer to prove that they are financially stable




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  • kprgroup
    02-09 12:21 PM
    India Super Cycle Report




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  • mahujam
    08-04 12:16 PM
    Just got email. No card yet.

    Current Status: Card production ordered.
    On July 26, 2008, we ordered production of your new card

    update:
    Another thing I just noticed is a LUD on my I-140 which was approved a year ago ( july5th 2007)
    The lud happened on 7/27/2008.

    I got my card today.
    It starts on the next day of my old cards expiry date.
    Validity is for one year only though.




    siaa96
    10-08 06:51 PM
    Have you been hit on the head by a hammer? I see a future Ron Hira in you.

    GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.

    You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.




    gcdreamer05
    02-01 08:36 PM
    All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..

    Few points that you may need to find out before you go..

    1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
    If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
    2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.

    Everything is good back home but there are few issues which I see are a problem,

    1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
    2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
    3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.

    For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.

    All the best in whatever decision you make. Everything is for good :)



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