Leo07
05-06 12:28 PM
I appreciate your comments! I was contemplating what's more effective. I think I agree with you now.:)
We have sent letters in the past only to get a standard CANNED answer. It is my opinion that the letters we send do not have any impact, cos as soon as they see "Immigration" as the subject, they (staff) sends the standard letter they have definining the position back.
I do not mean to discourage you, but the need of the hour is to call all the senators. There are 100 of them.
If you were going to do something in addition to the phone calls, Please set up an appointment w/the senator or staff and do a 20 minute Powerpoint presentation. That is more effective.
We have sent letters in the past only to get a standard CANNED answer. It is my opinion that the letters we send do not have any impact, cos as soon as they see "Immigration" as the subject, they (staff) sends the standard letter they have definining the position back.
I do not mean to discourage you, but the need of the hour is to call all the senators. There are 100 of them.
If you were going to do something in addition to the phone calls, Please set up an appointment w/the senator or staff and do a 20 minute Powerpoint presentation. That is more effective.
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rongha_2000
04-30 03:44 PM
This was a good one..!! what was the response?
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
Nice point - he is asking for suggestions to improve the process (making things quicker) ... any suggestions at all !!!!
Joke joke... the reply was it will take some time to get back to you on that ... questioner asked - is it going to take as long as it takes to get a visa or faster???
songlan
04-25 10:07 AM
Is it better if we ask for consults from Quinn Gillespie & Associates. I mean the strategy issues.
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GotGC??
01-03 03:05 PM
This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.
I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.
With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....
GC is out there for all of us...keep the hope alive...
When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".
As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
- if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
- if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?
When my son was in 3rd grade, he was asked a question ...who were the pilgrims from your family. I told him it was his parents.
I presume just like the first pilgrims in USA had a lot of struggle, similarly we too are in the same boat....a time will come when we all will get our GC's....however the true beneficiary of the GC will be our children and our benefit will come by seeing our children getting that benefit. However, we all seem to be living better off than the 1st pilgrims...we are living more comfortably, driving good cars and have homes, enjoying the US dream to some extant....Even now if you go to your home country...you are considered a wealthy guy.....even if you have less money in your bank than your counterparts in India or other places...this is due to the standard of living in USA is expensive.
With the global economy and Infosys hiring US Citizens, I am not sure where where the job market is going, but I feel for the next 50-60 years US is still the place to live, since it has a very strong economy. With that perspective I believe a little struggle is acceptable.....
GC is out there for all of us...keep the hope alive...
more...
gc_kaavaali
07-14 08:31 PM
come on guys!!! just $5...help IV help yourself
ras
10-16 05:47 PM
Added some missing in's and to's, etc. if it appears appropriate, you may keep the changes.
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
Issue/Background:
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring it to your attention the hardship faced by I 485 applicants because of inappropriate denials by USCIS with out adhering to AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many applicants have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485 applications where the underlying I-140 has been withdrawn by the previous employer without issuing a NOID or an RFE. Even those applicants who have notified USCIS the change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees and psychological stress, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are adhered to when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this could be added to the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant could be issued a NOID/RFE instead of out rightly denying the I-485 application.
Should you have any questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
conchshell
08-13 04:44 PM
I started a thread couple of weeks back. It met an untimely death because of lack of participation from people. Just to revive your memory :
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
http://immigrationvoice.org/forum/showthread.php?t=20406
Today we are here almost on the verge of disintegration as an organization. And this is because we always believed in our minds that we are nothing but a bunch of opportunists coming together for our individual cause of getting a GC. What we see today is an outcome of what we always believed. Soon EB2 will disappear, and EB3 will be left alone fighting for their GC's. And at some point of time they will also go away, all that's left will be "guests" using IV as a discussion forum. May be what I suggested can be termed as "Quixotic" but unless we aim high, we will never reach high.
Guys, I am an EB2 with PD in 2004, but I will always stand together with you, no matter what. A GC for myself alone will never satisfy me, because number of my friends, my family members are in EB3, and I am not mean enough to celebrate for myself when majority of my friends and family members are sad.
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anandrajesh
08-12 11:14 AM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
more...
chanduv23
06-13 03:32 PM
Come on folks - please donate generously to IV
Our donations go long way towards lobbying efforts
Our donations go long way towards lobbying efforts
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amitjoey
07-11 01:08 PM
is there any way, any way in this whole freakin process, that we can get some sort of explanation for eb3-I first hand from DOS or USCIS? i mean there needs to be some justification for the acts? i know there are laws to interpret these dates, but how do we know that those laws are interpreted correctly by DOS or USCIS? though i am in eb3-I , jan 2003, i personally know atleast 3 folks who are in 2002 - eb3-I. Can we get some sort of guidance here.
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India
more...
sukhwinderd
09-02 01:00 PM
thats when i came here. filed first one in 2001. layoff.
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
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gc_chahiye
06-08 01:43 PM
Hello,
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
My Labor was certified this week from PBEC. My PD is Mar '05. Is Premium filing for I-141 advised?
If you are in EB2, then might as well go for PP for the I-140. Regular at Nebraska is taking 8 months. Given the way dates move erratically, if you get current in the next couple of months (I hope you do, mine is the same PD) you wont have I-140 to worry about, you'll be all set.
more...
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9years
10-21 01:54 PM
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
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mhathi
07-18 07:45 PM
the $20/mnth was pulled a while back- hardly anyone was signing up for monthly contributions and everyone went for the lwoest amount. all in all a shameful situation. my humble suggestion- in a lumpsome, donate the amount equivelant to 20/mnth for the next 4 mnths ie $80, then when the EAD comes you can start recurring contributions.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
Thanks! That is exactly what we discussed after posting the above. Check will be on the way for $80 soon.
more...
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chaukas
03-17 01:12 PM
BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.
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wandmaker
03-12 11:45 AM
Hi Guys,
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
more...
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jonty_11
07-06 02:19 PM
The USCIS automated line for Priority dates is still playing the PD's for June 2007 showing that EB-3 India cut off June 1st 2003 etc..
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
Man you wish too much....
they will never make numbers current in Oct 07...even if they are...esp after this lawsuit...
We have so contrasting images of the efficiency of USCIS. Hope they keep the same tempo as of the last week of June on Oct 1st when the FY 2008 quota kicks in.
Man you wish too much....
they will never make numbers current in Oct 07...even if they are...esp after this lawsuit...
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gemini23
09-27 11:48 AM
Hi inspectorfox,
you dont need to give any test for renewing DL in NJ untill 3 years after the expirydate of the DL. Only after 3 years of expiry, you will need to give a written test.
I got this info from the NJ DMV office a few weeks ago.
NY WILL ISSUE DRIVER�S LICENSES REGARDLESS OF IMMIGRATION STATUS...
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,
you dont need to give any test for renewing DL in NJ untill 3 years after the expirydate of the DL. Only after 3 years of expiry, you will need to give a written test.
I got this info from the NJ DMV office a few weeks ago.
NY WILL ISSUE DRIVER�S LICENSES REGARDLESS OF IMMIGRATION STATUS...
http://www.nytimes.com/2007/09/22/nyregion/22licenses.html
Legal immigrants carry on suffering... My NJ Drivers License expires tomorrow and my H1B extension just got approved yesterday. NJ DMV won't renew my license without the original approval notice and I may have to take the written test again once the license expires.,
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WAIT_FOR_EVER_GC
09-01 03:24 PM
Glad to see there are people like me on this thread. I came to the US in FEB 1995 as an undergrad. I have an MS today and dropped out of the PHD program (2000) to find a job because of recessions. Survived 3 top-notch companies, recessions, despicable back-stabbing coworkers, unethical and unworkable environment, lay-offs, legal dept messing up my H1b application making me go on unpaid leave (~3wks) without health insurance, filing me under EB3 while applying EB2 for another coworker from a diff country with the same job title, etc etc....my rear end is pretty soar these days and I am beginning to question all this....
i usually dont post much...but I couldnt resist this thread
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
i usually dont post much...but I couldnt resist this thread
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
pappu
12-16 03:37 PM
I'snt tracker broken (Sorting by PD ) for some time now.
We will improve it soon. But the data is still useful.
We will improve it soon. But the data is still useful.
Blessing&Lifeisbeautiful
10-23 12:34 AM
Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!
They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!
They are proposing to recapture 61,000 unused visa for Schedule A. Keep praying everyone!
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