Tuesday, June 21, 2011

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  • ca_immigrant
    01-16 06:07 PM
    I am ok so far (as far as I know), but keep worrying about what could happen...I wish I had better control over my mind and did not worry about all the things that could go wrong....I have a 3 year old and at times when I am chatting to her my mind is running all over the world thinking of all the possible things that could go wrong...

    I remember one of my friends once telling me when I told him about being worried about lay offs...he said...come on, that is like worrying about a earth quake....

    Let us hope that things improve soon !!





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  • sathyaraj
    03-06 10:54 PM
    Hi All:
    I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.

    There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.

    Please provide me with your experience and the inputs from your attorney.

    I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.


    Regards
    SathyaRaj





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  • smuggymba
    09-10 08:36 AM
    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 " " 34325
    --------------------------------------------
    " " 51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending left over from above )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)


    Hi Sanju-dba,
    In the predictions thread, I saw the members saying there are 100-120K people waiting in EB2 from now until 2010. You're saying it's 34K...can u post this in the predictions thread so that other members can analyze the numbers. Thanks.





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  • gc28262
    08-10 03:26 PM
    Before proposing a solution, we need to make sure these are valid arguments. We need to crack INA ourselves to make sure were making a valid legal argument.

    Those of you are willing to join effort on the following thread, please pm GCPerm.

    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html#post1977684



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  • CSPAvictim
    07-10 05:38 PM
    Note: Administrators/Moderators, please move this post to the appropriate thread, or delete it if this has already been posted elsewhere.

    Source: http://www.murthy.com

    Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07) Posted 2:45pm

    The response has been so strong that currently we do not need any more potential plaintiffs who submitted an adjustment application for receipt in July, unless the individuals have an unusual situation or especially compelling facts, such as an aging-out child. At this time, we also would like to hear from the �non-filers� -- people who did not and do not plan to submit an adjustment application for receipt in July but would have done so �but for� the DOS and USCIS actions. These individuals will represent a separate class of plaintiffs. And we�d like to hear from more �other worker� adjustment applicants who applied in June, even if they have not yet received a rejection notice. These individuals will represent a separate class as well.

    If the lawsuit is successful (and we fully expect it will be), the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to �sign up� with AILF to enjoy those rights.

    Regarding �non-filers� � As our July 7 InfoNet update explained, and as we explain in our FAQ, we will include a class of people who would have submitted their adjustment applications for receipt in July, �but for� the government�s actions. The government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July. Our aim is to do the best possible for both groups.

    How soon will we file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but we are working quickly because of the urgency of these events for so many people.

    Injunction? AILF knows many people want a quick resolution, as do we. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, we intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.





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  • coolmanasip
    03-07 09:45 AM
    you are lucky man.....what you say makes sense.......but here is the reality.......

    GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....


    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..



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  • diptam
    09-28 10:09 AM
    We have given some our most energetic and productive years of life in this country. We paid taxes,we spent money here,we got set with the way of life and peoples here.

    There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!

    At the end of the day, its comes to ones preferences.

    The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.

    Pros and cons will be everywhere.
    India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.

    I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.

    Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.

    Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.

    I will like to ask everyone one question.
    Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?

    Folks think about it.

    I am sorry if i offended anyone, but this is what i feel.

    I believe in fixing things then running away from them. Thats my take.

    GO IV GO
    TOGETHER WE CAN





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  • rpuja
    07-28 08:03 AM
    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks



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  • mayhemt
    09-10 08:06 AM
    I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?

    What do people here really think?

    1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?

    2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.

    3. Wait for another X years, and then go back.

    4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
    --- Hoping family based GC would still be allowed by then

    5. Don't know, confused?

    6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.





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  • meera_godse
    01-30 04:27 PM
    I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.

    I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
    Its frustrating.



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  • belmontboy
    03-21 04:48 PM
    There is no requirement for any company to sponsor green cards for any employee. A job is granted to you based on requirement of the company. Once that requirement no longer exists, the company can (and should) lay off the employee. This applies to H1 extensions and filing of GC.
    GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
    The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.

    Speaking generally, companies have no requirement to provide other benefits like health insurance, 401k, options...etc. But why do most companies offer these? - They do so to attract top talent. That's how a company distinguishes itself from its competitors.

    Applying for GC has become one of the incentives.

    A company offering GC incentive during hiring, but withholding it, would amount to unethical practice. And is certainly bound to lose its top talents (specifically immigrant ones)





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  • imconfused
    07-09 04:16 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...



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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.





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  • Jaime
    09-10 12:04 PM
    Are you saying that whoever is happy in their job without a GC is in a closet or jail?Only if you plan to remain in the U.S. permanently and you don't like the fact that you'll have to wait for many years without the ability to get a salary raise or promotion, without your spouse being able to work (if you have one) and being forced to leave the U.S. immediately if you get laid off.

    If you are perfectly happy with your H1-B job and planning to stay in the U.S. only temporarily, then no, you are not in a jail or closet. But 99% of us are.



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  • richi121175
    01-16 10:21 PM
    Contributed $20 in Dec and just signed up for $20 per month.

    Can anyone please confirm that we are still going for I-485 provision attached to the appropriation bills in February??





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  • mpillai
    05-08 10:04 AM
    I feel your pain, But, what was the point of firing same requests to USCIS from thousands of users? Wont that cause more delay for some other FOIA requests? FOIA requests are required to be responded by law, so you are guaranteed a reply even if only 1 user files the request.

    I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant.



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  • BharatPremi
    03-17 12:14 PM
    If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.





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  • imneedy
    05-07 03:46 PM
    Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.

    What is the next step? Do I need to follow up with another letter?





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  • TeddyKoochu
    09-10 10:04 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )

    EB2 I/C won't be current in the next 4-5 Years, the EB2 I/C demand till date (Today’s Date) is in the 100K - 120K Range. The EB2I/C demand till Jul/Aug 2007 is easily in the 40-45K Range so it will require a very over optimistic scenario to clear by Sep 2011. EB3 ROW will reach end of 2006 by FY 2011. So there is a very long way to go. All the movement is under many assumptions most important being the economy and unemployment, anytime this changes all spillover will collapse and there will really be no difference between EB2 I/C and EB3 I/C.





    sanjaymk
    07-16 06:48 PM
    I think we have crossed the stage of educating these guys, and I personally don't think these guys are in a mental state of responding to reason and rationality.

    The best way to teach them a lesson and make them ineffective is to simply prove their points are clear blatant lies and put their credibility under question.

    We should create a webfax through IV to senators and legislators that reveals their lies and hits them in their core, and let the senators know that believing in these type of immigration-KKK type of organizations will put their credibility among the general public in question and is very badly detrimental to their future.

    Sanjay.





    gsc999
    09-26 08:55 PM
    Here's a classic example ..

    If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

    I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

    Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.

    ---
    Hi,

    Thanks for your feedback:
    "I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

    Your comment doesn't make sense to me. Please explain.



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