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  • singhsa3
    09-12 10:01 AM
    Let us continue a debate on
    a) Pros of this idea
    b) Cons of this idea
    c) Alternative we might have.

    Also, please do not get emotionally attach to an idea let democratically select that is best for the community.
    Please limit to those ideas that are executable and within the bounds of law.

    The campaign will fail in my opinion. Because anytime you ask people to spend money, many will not. Such activity and motivation for the campaign will die out next week when visa bulletin fever is over. We will again get agitated next month same time. So unless we figure out a campaign idea that costs us no money, it is bound to fail. I am for a phone call campaign. Or if we really want to do something big, we should do a rally in DC with 10 thousand members.

    That is right. I said before and I am saying again. I am against sending flowers or calculators because.
    1. They cost money (Some people may not do that just because of that).
    2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
    3. It will not make any difference to USCIS.
    4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
    I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
    The letter campaign thread is

    Does anybody here agree with me ? Singhsa, your thoughts ?

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  • admin
    03-16 11:38 AM

    Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.

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  • honge_kamyaab
    06-08 01:17 PM

    Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?

    Is your labor RIR or non-RIR? Please let us know.

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  • Ramba
    10-21 06:18 PM
    Thanks Ramba for your insights.

    Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.

    So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.

    If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.


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  • bayarea07
    07-18 03:17 PM
    Can you please post this as part of a newsletter to all the members.

    IV action alert $50 per month recurring contribution drive.

    Dear IV members,
    IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.

    Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.

    Thanks again for your continued support.

    IV team

    P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.

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  • sukhwinderd
    04-01 08:15 AM
    FL stopped issuing DLs if you are on AOS (ie 485 pending) only with no backup H1/H4.
    my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
    this is just FYI.


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  • susie
    07-15 11:19 AM

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''


    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.


    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.


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  • WeShallOvercome
    07-20 02:32 PM
    Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
    If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.

    It''s like leaving at 5PM and spending 3 hours in traffic
    leaving at 8 and spending 30 minutes

    makes sense?


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    05-24 01:44 PM

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  • akp
    07-20 12:30 PM
    I don't believe all 750000 are EAD wannabies!


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  • 9years
    11-16 09:14 AM
    It is a letter by your I-485 attorney to USCIS mentioning your pending I-485 application (receipt numbers, filed where, including everyone part of the application), about your company securing I-140 approval under EB2 category for you and requesting to interfile this I-140 with pending I-485 and approval based on case is being current now (mentioning priority date). Copy of the I-140 approval notice (EB2) should be attached.

    Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.
    Thank you, I appreciate your quick response.

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  • ItIsNotFunny
    09-19 07:54 AM
    thanks for answering.

    i am not married. i have explored the possibility of doing this with friend(s) but decided that would like to do this independently. so i guess i have to figure out this owner/employee dual role problem.

    any experience on this?

    This is exactly why I am planning to open a company that can work as a pool for people who can use AC21, keep almost all the rate they are getting from market without having Legal Issues. I have atleast couple of people joining the pool immediately.


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  • gc28262
    07-02 05:11 PM
    My company got labor certification papers today after getting approved online on June-26-2007

    PBEC,EB3, NON-RIR, PD MAY 2004
    Labor certified online: June-26-2007
    Received labor certification hardcopy: July-02-2007

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  • LegallyGC
    08-12 01:09 PM
    I dont think this will change anything ...

    1. Infy/TCs and all biggies will shift more jobs to India and other contries or hire people on contract from smaller desi consultants who have less than 50 guys.

    2. Desi consulting companies here with more than 50 employees will split them selves into 2 or 3 companies of less than 50 employees and avoid the 2000$ extra fee...

    3. 600M will never to till the border and those illegals keep coming.

    4. Indian americans leaders (if they read the news about this law) will curse saying "how bad things are now compared to how it was when they came here" and then keep voting democrats....

    5. We as immigrant community will talk a lot about this in our forums and curse Senators, Democrats, infy and many others till next month's VISA bulletin and then forget this ever hapened.

    6. This thread will have a lot of posts and then slowly phase out...

    Unless we decide to educate senators, congressmen, indian americans what are the side affects of this....


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  • diptam
    08-08 11:00 AM
    Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.

    What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.

    This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.

    Here is a quote from an email i received from the Ombudsman's office:
    "Our office is in fact at this time actively probing the I-140 situation you describe generally."

    This was in response to an e-mail i sent them, describing the situation (my wife's I-140 from April 2008 got approved before mine, which was submitted, you guessed it, on July 2007)

    So maybe there's some hope here, who knows.

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  • jayleno
    10-17 03:20 PM
    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (

    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS’ practices and procedures.

    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.


    CIS Ombudsman


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  • hebron
    10-22 10:50 AM
    I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).

    I sent you private message. Could you please take a look?

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  • dhirajs98
    07-14 09:08 PM
    My contribution: $20.00

    It was easy ... not a big deal guys ... go ahead .. contribute :)

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  • Wendyzhu77
    06-05 10:51 AM
    Numerous students on F1 visa applied 485 and got their GC these years.
    One's I-485 can be filed only for visas with dual intent status. For instance, an F visa or a B2 visa person (currently not dual intent visas) cannot apply for I-485. This was the basis on which I made that statement. Everyone is free to interpret differently. Again, I am not an attorney and I might be wrong.

    04-30 03:11 PM
    I just called and left message with the aide at Senator Dianne Feinstein.
    She said that Senator is supporting the bill, and appreciates my support.

    Next I plan to start calling other senator's office as well.

    01-05 11:21 PM
    Ok then, why did you come to America to study at Duke? Why did you spend all this money? The reason our people invest crores of rupees in American education is that it is better.

    You people seem to be too nationalistic. Even with the comments about quotas. Affiirmative action with 52% of all seats being reserved based on caste? You call this fair?
    I dont think anyone is arguing that american schools are not good enough.......they certainly are - specially with the kind of tuition fees people pay to get into these schools. Besides - people coming here for education does not necessarily mean its better - lot of people come here for the international exposure - lot of good students from around the world do indeed congregate here for education - combination of good schools, openness, english as common language....all these have contributed to the historical greatness of america - does not make your motherland any worse!

    Look at quotas as a way to bring in factors other than just your score in a standardized India that factor might be caste - here it might be affirmative action in favor of some sections of society and other subjective factors like essays, letters recommendation, the fact that you were a cheerleader in high school etc.....look, i am not saying quotas is a great system - but all i am saying is that there are shortcomings in selection systems in schools around the world not just India.

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