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  • gagbag
    06-14 12:10 PM
    My hearty congratulations to all the "LEGAL" workers who can file the 485 on July 1. Also to those who now have some hope in "LEGAL" process.

    I consider this movement as a lottery to people who came here legally and had the patience to go through the painstaking process.

    Moving on I think we need to understand the following aspects:

    1. Implication on H1 B requirement / extension during this process
    2. Impact on Travel to home country during this process
    3. Processing timeline of recurring EAD and Green Card


    My views are that due to enormous amount of applications coming in this and next month 485 department will be over allocated and we will certainly see a back log moving from "priority dates" to actually getting the EAD and other docs. So it might actaully result in a year - year long wait just for getting EAD.

    I am not also clear on when can travel back and forth to India with 485 pending.Finally do I need H1 B when I have EAD or not.

    Hope this forum has many people with these questions now.

    But again this is huge day for immigrants especially Indians as we were the most backlogged in the whole world. Make sure you book medical appointments as there going to be a bombadment for these requests.

    Gagan:D :)




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  • JazzByTheBay
    09-21 06:55 PM
    Nice catch nfinity.... this is hilarious!

    Ajobha, now I'm really curious about what changed! The contrast between the 2 messages couldn't have been more striking.... :D

    jazz

    Here is a message from Ajoba regarding the San Jose rally....

    --------------------------------------------------------------------------------

    I must say that this is a great great effort. Both, the flower campaign and the rally. Nothing like this has been done before by wanna-be immigrants. We are hardworking, law abiding, well educated people. But until now, the general opinion was that we are at the mercy of the American immigration system. I was especially so frustrated when some of my friends thought that there was nothing wrong in what the USCIS did. Their response was simply "what can we do? let's just re-apply when the dates become current again". Historically, Indians (at least, from my experience) have been hesitant to protest against the wrongdoings of their rulers. This is seen even today, when we fear to raise our voice when our bosses or managers at work exploit us, or our advisers/professors exploit us, or if the USCIS changes rules in the middle of the game. In India too, the general opinion is "Nothing is going to change, let's not get into trouble". This rally has shown that things are changing. We all should wake up, and fight for our rights! I could not attend the rally as I am based in Michigan, but I thank all of you who protested for me and my family. I will do my best to support this effort in whatever way I can.





    I am honestly curious. What changed in two months? You were desperate then, and you are not now?




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  • GCBy3000
    11-08 10:39 AM
    SInce democrats gained the contorl on house, they will wait till the next congress starts to pass releif to immigration issue. THis way, they can take the credit for it and campaign it for their next election. Republicans are stuck now. They neither want to pass it nor want it to supress. They dont want the democrats to gain the credit whatsoever. If republicans cannot pass it this year they will do everything to stop it in next congress session if they have majority in senate. It is vey comlicated and sensitive issue and we have to wait to see how the business people push the lawmakers. None other then business tycoons can make some impact with this kind of power split in senate / congress with a lame duck president for next two years.

    I heard Nancy say she would get started with some legislation that both parties and president agrees and she mentioned CIR. I think, if the republicans are smart they will quickly pass a version of it that they still can control - during the lame duck session when the old house returns for a few days.

    But the biggest new problem will be suedo retrogression due to bottlenecks at Service centers! so near yet so far!




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  • alex77
    09-12 02:53 PM
    Reform Immigration: While highly skilled immigrants have contributed in beneficial ways to our domestic technology industry, there are plenty of Americans who could be filling those positions given the proper training. Barack Obama is committed to investing in communities and people who have not had an opportunity to work and participate in the Internet economy as anything other than consumers. Most H-1B new arrivals, for example, have earned a bachelor’s degree or its equivalent abroad (42.5%). They are not all PhDs. We can and should produce more Americans with bachelor’s degrees that lead to jobs in technology. A report of the National Science Foundation (NSF) reveals that blacks, Hispanics, and Native Americans as a whole comprise more that 25% of the population but earn, as a whole, 16% of the bachelor degrees, 11% of the master’s degrees, and 5% of the doctorate degrees in science and engineering. We can do better than that and go a long way toward meeting industry’s need for skilled workers with Americans. That being said, we do not want to shut our doors to innovators from overseas, who have traditionally helped make America strong. Barack Obama supports comprehensive immigration reform that includes improvement in our visa programs, including our legal permanent resident visa programs and temporary programs including the H-1B program, to attract some of the world’s most talented people to America. We should allow immigrants who earn their degrees in the U.S. to stay, work, and become Americans over time. And we should examine our ability to increase the number of permanent visas we issue to foreign skilled workers. Obama will work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and would hold accountable employers who abuse the system and their workers.



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  • EkAurAaya
    07-17 11:36 PM
    Please and i'm begging you that please read the entire post and think for a moment before replying. I'm not in BEC, already filed my 485. I'm aware of the IV efforts towards getting relief for BEC people, I never disputed that. My point has been that the system and July bulletin is unfair (at least from one angle) and that calling it unfair/unjust should not upset others. I don't know what words were used by Bigtime and banning him was fair or unfair.

    You want everyone else to suffer just because you suffered? or because older pd's suffered? life is not fair so get over with it... the sheer fact that you are in this country is a god's gift to you! So dont be judgmental about things...

    btw my pd is feb 2003 and i'm very happy for everyone who will get the opportunity to get in the door!




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  • pa_arora
    09-27 01:06 PM
    Speed of approval is not the problem. The NUMBERS are the problem. We saw that in June when so many ppl got approved.

    To me "SKILLED & DIVERSITY" doesn’t make any sense. They should not go hand in hand.



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  • pappu
    11-09 03:43 PM
    TheOmbudsman,

    A number of IV members have complaint about your posts. We know that you have earlier posted on IV forums with the screen names �Communique� and �marlon2006�. If I remember correctly, your handle 'Communique' was banned but it was pretty clear that you were an anti-immigrant. I want you to read this post because in next 15 minutes, I will be putting a ban on your handle.

    Immigration Voice forums are created for high skilled immigrants and their families. We contribute constructively to the society. Your hate mongering tone and disguising as 'someone waiting for green card' is pathetic example of how low you can go. I try to read forums everyday and I try to read each and every post. Each day I try to read your post to get more determined to continue to work on this very important issue. But now, I think its time for you to leave IV forums as your tone is again becoming offensive and your posts drive legitimate IV members away.

    We are requesting you politely to please leave IV forums alone and do not bother IV members.

    Thank you,
    WaldenPond
    Good call. This was waiting to happen. It also applies to others on the forums who create handle names without their full contact information and post anti immigration, anti IV or offensive messages.




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  • Tito_ortiz
    02-13 10:37 AM
    Guys, this is by far one of the best points ever made in this forum. This is actually our silver bullet. Open the eyes of people around the world that the US is not treating skilled immigrants right anymore. There are many countries out there which offer more career opportunities than here. By the way, what am I doing here?!


    Pappu, I sent the article to my cousin in China, asking him to publish his story. Please read his reply. He graduated from University of Chicago and went back to China two years after working in US.

    "This is another sad story about skilled immigrant.

    I want to talk about this issue from my perspective.

    I got my M.B.A in a prestigious US university and worked as a Financial Analyst in US for two years. I was thinking of applying for GC at that time because I had planned to stay in US. But, that winter, when I took a vacation in China, I decided to look for a job in China because I was very impressed by the economic development in China and wanted to capitalize on the opportunity. The Chinese market was/is in urgent demand for US-trained financial analyst. After some interviews, I got a very generous offer from a multinational company and quitted my job in US without any hesitation.

    Now five years has passed. Because of my excellent performance, I get two promotions in the past five years and am a director in my company. My boss, who is an american, lost his job and has to go back to US because my company cannot see any fiancial advantage to hire him anymore. I have never been happier. I believe that I made a very good choice five years ago. Most of my chinese classmates during MBA study are still struggling for their GCs and get stuck in their career development because of GCs. They are quite regret that they did not come back to China back 5 years.

    So what I want say is that, US is not a very good place to stay anymore. There are many golden opportunities in your own country! Many countries are becoming stronger and stronger. It's not 10 or 20 years ago. 10 or 20 years ago, US is the best place in the world to stay. But now, it's different. My friends in US make about $150k a year and cannot afford a luxury lifestyle. I make $100k a year and enjoy a very comfortable life in China. I built my own house in China, which is even better than my house in New Jersey before. I hired my own chauffeur, housekeeper, two nannies for my baby... I cannot afford these thing if I were still in US. How many americans can afford the same lifestyle as mine? I don't think there are many.

    My point is, be open to opportunities in your own countries or other countries in the world other than US. You will be happy to leave US several years later when you look back. Besides, if more and more US-trained scientists and professionals come back to their own countries and help their countries to develop, maybe in another 10 or 20 years, no one would want GC anymore."



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  • jsb
    03-06 10:43 AM
    Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.

    They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.

    Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.

    Their systems are not designed for country chargeability and priority date considerations. Although some of the information is in computer systems for reporting, publication, online status, automatic emails, etc, most of it is paper based. They claim that they process cases in order they (physically) receive them at each processing center.

    Possibly, what they do is that they pick cases from shelves in sequence they stacked when they received them, check various docs such as medical, birth certificates, copie of I-140, passports, etc., and then, if all ok, check for country of chargeability. If that is India or China, then they look at the current bulletin dates. If case is within cutoff dates, proceed, else put it back, and take next file.

    Therefore, they are correct in saying that chargeability is determined (means: looked at) when case is ready (meaning: it is next in line) for reviewing and adjudication.

    Note that there is no physical file sorting based on chargeability/PD etc. Bulletins are just best guesses based on general progress in preceding months.




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  • santb1975
    04-28 11:33 PM
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  • japs19
    07-20 02:08 PM
    You didn't specify if it has been 6 months since you had 140 approved through company A. Assuming it has been over 6 months (so company A won't revoke your 140), you can file for 485 and use the LC+140 of company A. You do not need an H-1 with company A as employment based GC is for future job not present job. The only risk involved is, if you apply for 485 which you are employed by company B, and if you get approval within 180 days (which I highly doubt) then you HAVE to go and work for company A for 90 days. If nothing happens for 180 days, you are safe.

    Hope this answers your question. Anyone, correct me if I am wrong.




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  • zbd
    06-13 10:59 PM
    But I still have not make a decission how to apply, CP or AOS ?
    My 140 was indicating that I was going thru CP but I will have re-think since date might come back and retrogress.

    What it your thoughts GURU's ?



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  • franklin
    09-19 11:31 PM
    ---
    Were you at the rally? Two most visible people were Franklin and Mark. Both are non-Indians.

    But your point is well taken, let us know if you have any specific strategies to do this?f

    Yeah - whats with this "EnglishMEN" thing... pffftttt....


    :p




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  • Michael chertoff
    03-29 08:31 AM
    Check out the EB2 prediction thread. There is some good news for EB2 guys per OH Law firm. Hope that will cheer you guys up :D:D:D

    PlainSpeak I am hearing this from last 7 years.. I dont believe untill it happens. Thank you for the information.



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  • yanki
    08-08 12:38 PM
    I had H1 from company A with dates from 2005 to 2008. after working with Company A for one year, I moved to company B in 2006 (04/10/2006) and My H1 transfer with Company B is still pending. I got H1 RFE query from CSC last month with biglist of documents. Now I got news that CSC denied couple of H1s it seems recently..So can I ask company C to file H1 transfer petition so that even if CSC denies my H1 from Company B, I can maintain my legal H1 status. Or Can I ask Company B to file another H1 transfer petition at Vermont service center (because my company is in that region).

    Please advise me on this...Thanks a alot in advance.




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  • siravi
    10-16 12:24 PM
    If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.

    So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV.

    This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.

    Good point, Pappu. Yes, Cyrus has been supportive of IV even mentioning its successful role towards the effective resolution of the July Visa Bulletin:http://www.cyrusmehta.com/Print_Prev.aspx?SubIdx=ocyrus2007720184422

    He also mentions the DC rally in one his newsletters on his website (September, I think) and in an article submitted to the indiapost.com



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  • pmmo
    10-21 09:12 AM
    Thank you all for your inputs.

    Alias, very helpful guidance. I plan to take this up with my attorney and see if I can correct the error. Can you let me know which attorney firm worked for you? It feels frustrating that now I need to spend money on an attorney and go through all the stress for correcting the mistake probably made by a USCIS staff.
    To the question from urwelcome, I don't think I received a I-485 approval notice. As far as I know, I had the biometrics, then an RFE and then a Welcome Notice in January. I have never received the actual card as in the case of Alias and my spouse's status remains unchanged. I am on EB3 (India) and the PD is August 2003.( don't have the exact date on top of my mind, it has been a long time:-))

    Thanks again.




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  • chantu
    06-28 06:45 PM
    Do you have I-485 pending? If yes, I94# is not significant. If you don't give A#, USCIS will issue RFE or fix themselves looking into database - which my delay processing.

    I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.

    Thanks.

    Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?




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  • AuntyDan
    06-19 07:49 PM
    The problem is quota of 90,000 visas is available for petitions filed before October 1st 2007. MBS will not start until October 1st 2008 (because of 270 days gap).

    So assuming this is all correct and comes to pass what will EB GC applicants do from the date this is decreed to take effect (May 15th, June 19th October 1st etc.) until October 2008? Will there just be no applications allowed for over a year and existing applications made past the cut-off date get scrapped?




    addsf345
    09-29 01:14 PM
    SORRY BROTHER, I DON'T AGREE WITH YOU AND YOUR WAYS of TRYING TO HURT REPUTATION OF SOME otherwise better AIRLINE.

    we have some really bad bad exp with lufthansa last year. same way my coworker had a horror story with northwest airlines. There were some IV thread of bad treatment of indians by airfrance at paris. Things can go bad. It shouldn't, but it does. Doesn't mean you not only make a bad image forever in your mind and try to spread that on others. With your theory, all airlines are bad and no one should fly ever.

    While I never flew with airindia so far (planning to fly airindia next year), my parents did and they had a wonderful experience, food and courtsey.

    I have full sympathy with your aged in laws. They do deserve a better service, esp with a baby travelling with them. I pray that now onwards, they never face such troubles. Smile and be positive.

    Experience with Air India

    It is with great shame I bring out this piece to you about how Air India is using the "India" tag by cheating its innocent citizens and show its ugly real face. I have never seen anything so unprofessional and have no hesitation to say they are the worst airline in the world.

    Passengers:

    Father-in-Law (FIL) and Mother-in-Law with baby

    My in-laws were returning to India via Air India on September 24th from EWR (Newark, NJ) airport after brief US visit.

    Ticketing Experience:

    We started the whole process 1 month earlier and contacted Air India (1800 223 7776) about the booking. First we got an answer saying that the class we booked in is full and we have to pay another 40$ per person for another segment. For that we had to call another AI booking# and after 40 mins on the call could reach an agent. We
    got new confirmation #s and when asked for the basinet seat was told they could not see the seats and have a special request sent and asked me to call back in 3 days to confirm. We called like 5-6 times and everytime were told they cannot view the seats and when asked to see for seats in another segment or another date, we were told to
    re-book again and then ask for seats. How on earth could an airline not see available seats in its aircraft.They have taken customer service to new digraceful level.I roped in my brother in law to go to AI office in Newark and try with an agent directly. Even after
    going for 2-3 times directly to the AI office, my BIL failed to secure us the seats. After all the tries we were ultimately told to go to the Airport sooner on the travel date so we can get a basinet seat.

    Journey Day:
    On the date of the travel in-laws reached at 2:00 PM at the airport in hopes that they will get a basinet seat. The agent gave them a hard time and we had to go back n forth 2-3 times for getting the seats confirmed and have in-laws and baby seated together. I think the whole ticketing at the aiport is being handled by a third party who
    are doing a horrible job. My FIL in the meanwhile buys a gift at the custom notified shops at EWR.The flight which was to depart at 6: 20 PM was ready for take off when all of a sudden the pilot says there is a technical problem (God knows what would have happened had the flight taken off). The flight returns to the gate and the passengers are told to wait until they fix the problem. They wait for 2 hours and are asked to then wait in the
    boarding area until they really look into the technical problem. (In the meanwhile we hear on Indian TV channels that there is a Pilot strike going on in AI regarding Pilot pay package which adds to our tension). The Air India (airindia.com) website is for show off only with few flight images and had no flight status. We immediately call the AI office in Newark who have no-clue what is going on. When I asked the problem they said it is confidential and cannot be told:(. Eventually all the passengers are told that the flight has been
    cancelled for the day and should return the next day and all the checked in baggage will be returned. My poor in-laws with baby had to return back and reached home at 3:00 AM in the morning.

    The next day:

    The next day the whole scene repeats again and we had to deal with the irritable AI ticket agents who say they are missing something at their whim. We were able to get a basinet seat this time also and happy we were all set for the 6:20 PM flight. This time we gave my FIL a pre-paid cell phone. The same thing repeats again. This time they wait in the boarding area and are told that the pilots have gone to repair the earlier (Sep 24) flight which had an issue. They wait patiently until 10:15 PM. We were all tensed here
    and were expecting the flight to be cancelled this day also. No body from AI was available this day to pick-up and explain what is happening. The call re-directs to India who have no idea about the flight status in US. My FIL eventually calls at 10:30 PM and said that they will be boarding soon.

    Frankfurt stop:

    The flight has a stop at Franfurt and the passengers were asked to go to another terminal
    for boarding the same aircraft. They had to go through the security check again and to my FIL's horror, the gift he bought at EWR duty free shop was not allowed and removed. When he showed the receipt they said that the gift has been bought in
    US and cannot be allawed into the aircraft. :(Air India where are you and what a Maharaja experience.

    Worst website ever:

    In the mean while we keep checking the AI web site which I think is one of the worst web sites I have ever been to. I think that this contract is also being awarded to some third party with crores of tax payer money. we were looking for schedules of flight which departed on Sep 25 from Newark airport and here it shows th schedule of the 24th
    flight.

    Customer Service in Mumbai:

    We tried to track the flight (if flightreached Mumbai) by calling AI desk in Mumbai. They had no idea and after repeated calls could reach an agent who made some research and
    told that the flight has reached Mumbai and gave further schedule of the flight.

    Flight reaches Hyderabad:

    The flight reached Hyderabad after change of flight in Mumbai.

    Luggage:

    Some of the luggage was missing. To our horror the bags we got had stuff from some other people's bags. Please leave the luggage Air India.

    Summary:

    What a mess Air India. You have taken advantage of the "always yielding" Indians who prefer you for a home experience. Please remove the word "India" nd the "Maharaja" symbol as you are no longer fit for that.




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