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  • lazycis
    11-24 04:48 PM
    it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).

    However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?

    If extension has already been granted, it remains valid until it's expired, revoked by USCIS, revoked by employer or employer goes out of business. However, H1B status is technically lost (similary to the situation when h1b holder leaves the petitioner but petitioner never revokes h1). Even if USCIS does not revoke the extension, it will be investigated during new I-485 processing/H1 transfer or extension.




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  • bitzbytz
    07-20 04:05 PM
    If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)




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  • santa123
    07-11 07:58 AM
    Does someone know by how many months EB2 has jumped??




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  • manishs7
    07-15 09:46 PM
    Newport Beach, Orange County......



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  • reddymjm
    03-12 02:35 PM
    I do not support this donor ONLY idea.
    Also, Day 1, the FOIA initiative had a goal of $5K.
    And without reason, the goal was increased to $10K.

    So, pappu should not complain of not reaching the goal when he keeps increasing the goal.
    stay consistent.
    Its just not pappu.
    We all felt like increasing the goal becasue out the 100 or so FOIA responses we got atleat we should be able to respond to couple of them. FOIA is not the only one needing money.




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  • chanduv23
    05-18 04:33 PM
    Hi Chanduv23,

    Thanks for the reply.

    Can you let all of us know the follwoing:

    1. What are the steps involved in to do everything right?
    2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
    3. If not then what are the disadvantages or if can't trust employer ?

    Please let us know about all the steps involved to switch employer by invoking AC-21?

    regards,
    waitingmygc

    Ok, basic steps

    (1) Make sure you have your petitions in the online portfolio.
    (2) Make sure you report address changes promptly and they have latest address on file
    (3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
    (4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
    (5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
    (6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
    (7) Keep a copy of 140 approval - though it may not be required, but good to keep.
    (8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
    (9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
    (10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
    (11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.



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  • willwin
    04-01 08:55 AM
    Oh yeah...I've read that report. Dude just walk out if u dont like the process. Nobody is stopping u. Do u think things are faster in the country u came from? But when u come to another country u want things to happen like that. Yes 7 years is slow. But if millions keep coming into this country what can the USCIS do? Its clearly an overflow which they cant handle. Before u give a red think twice. Read clearly what one is trying to say. I agree with IV's fight for speedening of the process. But to blame the USCIS and to ask for a change in management is too much. We have NO RIGHTS WHATSOEVER to ask for that.

    Somebody said that you don't deserve a second but I dont mind spending few just to make few things straight here.

    1. We (the EB applicants) did not cross the border overnight. We were interviewed, shortlisted, H1B applicaion processed, approved and at the port of entry, we were welcomed by the officials. We did not sneak through.
    2. Just because corruption prevails in India, it does not mean people can be treated badly here. Corruption in India is none of US business. We are here on business. US want our skills and we need the dollars. Period.
    3. Beyond that, employers here (it could India or China based - but are established organizations here) see a requirement for our skills in future and US government is verifying that through LC and I140 and offering us GC. Now the fact that US immigration is broken is evident enough that this country is not error free. Every country has its own problems.
    4. Let's talk about corruption. Where on earth is there no corruption? Whereever human beings are, there is corruption. 100%. It's here in the USA, its there in Japan, its there in Gulf. Everywhere. I am not saying corruption is good but is inevitable.

    If you say, US thinks that because these guys are from India where corruption is to the core, and these guys have half the facilities (back home) that this country provide and hence deserve a broken immigration system that screws up their life, then my friend, this country is no better than any other country on this earth for being so mean. And, for that reason, if you ask me to get out of this country, I would like to say, humbly, that is none of your problem. If yes, ask every US organization that is trying to exploit the business potential in India to get out from India. When the last US business leaves India, I will leave this country.




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  • Dhundhun
    09-10 02:09 PM
    EB2-I PD announcement, which is a black hole coincided with CERN Big Bang Machine. After watching History Channel (they explained details, how this CERN Colloider can create dark matters and black hole) in mid night, PD announcment turned morning bad.

    USCIS is as chaotic as Big Bang and its announcements hits like Black Hole.

    It was so bad news, that I could not see any further, what is happening to others.



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  • maverick_joe
    04-30 02:56 PM
    I totally agree..he was all ga ga abt what USCIS is doing and how efficently they have already processed 65% of available visa numbers for the fiscal.

    Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...

    Now, a State dept person is talking about how efficient they are..




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  • GCwaitforever
    03-31 11:08 PM
    Yesterday I sent an e-mail to Secretary Chao indicating poor performance of Philadelphia Backlog Processing Center.



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  • gc_kaavaali
    07-14 03:43 PM
    Scheduled on 7/17/08
    Confirmation# 7YB9Q-GCRR7


    Hello everyone,

    I am starting a new campaign for IV's benefit. It is called "Give me a High Five".

    The point of this campaign is to send Not $100, not $50, not even $10.


    ALL you need to do is write out a $5 cheque and send it to IV on the address listed.

    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=76&Itemid=65


    Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $5 ACTUALLY goes to IV.

    We have 30,000 members on here. If EACH of us contributes just $5 we have $150,000.

    For the sake of your OWN freedom, can you donate just FIVE dollars to IV? Every single one of you. IV has done a LOT for every legal immigrant. All we ask in return right now is FIVE dollars. FIVE dollars. Not the price of one month of Cable, but the price of a SUBWAY SANDWICH.




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  • GCBy3000
    03-10 12:02 PM
    http://www.shusterman.com/pdf/specterbill30906.pdf



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  • anantc
    09-03 10:56 AM
    Arrived in the US in Sep 1999
    Started the GC process in Apr 2003.
    Labor filed in Oct 2003
    Waiting... :D




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  • gondalguru
    07-22 03:29 PM
    My case was filed on Feb 27th. Still pending. No response from Atlanta. I have 11 more days to go and after that it doesn't matter when I get my PERM as I would be locked out for potentially 5-6 years! This system is not fair at all...if I was working in one of the western states, I could have filed even today and get certified in 2-3 days....

    I feel really sorry for you and yes you are right. This system is not fair at all. It needs complete overhaul.



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  • reddog
    03-12 11:08 AM
    This is SO wrong. I strongly disagree on this new initiative.
    Desperation does not necessarily have to be shown.




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  • saimrathi
    07-06 11:33 AM
    Agreed, that would be the biggest impact... But, not all of us would be able to get an opportunity elsewhere in the world.. For example, doctors, scientists... not many countries match US infrastructure..

    This is only my view...

    As the saying goes..."Justice delayed is Justice Denied"

    Considering our opportunity cost, many of us may be better off packing our bags and heading back - this may have an impact on the feds, the companies and people at large who think that WE are a burden on the society. All these artificial barriers and hurdles are a reflection of this.
    Its quite apparent that there is no end game in sight, there is no motive here(ref to subash and gandhi message by asharda), no end game...it can only get worse. The Feds have succeed in Scr....wing US.

    bottom line - Do we really add value to the society here?
    convince the people and this will be the ONLY solution to our problems.



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    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)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (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.''

    Explanation

    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.

    Problems

    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.

    Solutions




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  • nixstor
    07-11 11:53 AM
    In my opinion, the most likely reason why EB2 India dates have been advanced to June 2006 is to help consular posts. CP filers can get their interviews now.

    IMO, This along with the max utilization of ideal 100% is what DOS got at by moving EB2 to 06/01/2006.

    It appears like DOS wants to get each and every visa number allocated and given how USCIS have their files across the country, moving it well beyond gives USCIS a chance to pick the files that are handy.

    In other words, Some on with Jan 06 PD can get out if their file is handy. Some one with Jan 04 (there are still who dont have a GC with 03 and 034 PD's) might still be waiting come dec 08., if their file is rotting some where.

    IMO, OCT bulletin will start EB-2 India some where around APR 04.




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  • Green.Tech
    06-09 06:34 PM
    This thread falls off the radar so quickly and other threads with EAD, AP, H-1B etc. keep popping up every second. I know all those things are important as well but if you pause and think about the big picture, this funding drive is very important as well. So, please buck up and contribute! :)




    ash0210
    06-05 02:43 PM
    You will get EAD immaterial of I-140 approval...I got my EAD approximately in 3 months & my I-140 was approved after 9 months after filing ( this 9 month includes one RFE on my I-140)..

    In short, You/your son will get EAD immaterial of your I-140 approval...

    I am talking to my immigration attorney right now to get all paperwork filed concurrently.
    My attorney say's EAD's are generally approved within 90 days. Will that be before my I-140 is approve or doesn't that matter?

    Regards to all,
    Bodran




    yabadaba
    09-12 12:55 PM
    Dear Reporter

    On September 18th thousands of LEGAL TAX PAYING immigrants will unite to bring attention to the plight of waiting years in line with no end in sight.

    No flags, no anger, no fodder for Lou Dobbs; this will be the most peaceful march that Washington has ever seen, inspired by the philosophy of Mahatma Gandhi.

    This rally will not be country specific; People affected by this bureaucratic nightmare come in all shapes, colors and nationalities.

    This is a time for all LEGAL immigrants to renew their tryst with destiny. The unworkable Comprehensive Immigration Reform bill that would have added decades to the wait time of LEGAL immigrants is now dead. Piecemeal approach bills are being introduced both in the house and the senate. We are standing and making our case - We are professionals, we are highly skilled and we deserve a fair immigration process.

    Our case is not complicated, all that is required is tweaking of numbers so that the antiquated immigration policies can be adjusted to the realities and requirements of the 21st Century.

    Thousands of people will march from the Washington Monument to the Capitol building on September 18 at 11 AM.

    Any coverage of this event would be appreciated.

    Thank you

    Regards

    Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.



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