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  • desi485
    11-24 05:34 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??

    The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.

    I agree with Chandu, we should try to get this from CIS. Just don't know how:(




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  • sw33t
    09-12 12:26 PM
    Thank you milind. Your initiative is much appreciated.




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  • dante1271
    07-19 01:43 PM
    Jimi,

    I'm in Riverside.




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  • singhsa3
    09-12 07:21 PM
    Let us agree on the format of letter first:

    ***************
    Suggested Message:
    Hon. Mr. ??,
    I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, the applications with later priority dates and later receipt dates got their I-485 approved by USICS. This has generated a great anxiety among those who have been waiting patiently in the line before them.
    I being one such affected person, is sending you this letter with a ???? as a symbol of my protest and hope that USCIS will deal fairly with all the applicants in the order of priority and receipt dates of their I-485 applications.
    Thanks
    Your Name



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  • AllVNeedGcPc
    01-30 10:01 AM
    Hello VayuMahesh: Congratulations on getting greened.

    My EB2 140 got approved more than 10 days ago, with old EB3 priority date on the approval letter (and my old A number), but still no LUD on my existing 485s.

    Do I need to do anything to get it moving? How do I put a Service Request on 485? The online system to put an eRequest only lets you do it for N400 or I90.

    Thanks in advance.


    Lot of weird things. Still waiting for 485 approval even after sending interfiling request in mid-November. My attorney has sent an email reminder again 2 weeks back. Even for the I-140 which was approved in November 1st week, online status still says "Initial Review".

    Opened a Service Request early this week and received a reply with the status as follows.

    Thank you for contacting us about this case. According to our systems this petition was approved and it has been sent to production. Your case will be processed in order based on the approval date. If you do not receive the document within 30 days feel free to contact us again.

    Online/Phone status is still processing .... I have to just wait and see I guess.




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  • gctoget
    07-13 01:11 PM
    From November 2006 there have been 36 members interested in IV Sounthern CA chapter.
    Please can someone update me on the Thursday 7:00 P.M meeting?
    Also here is the list of members interested in the Socal chapter of IV.




    1 Jimi_Hendrix
    2 GCSOON-Ihope
    3 eagerr2i
    4 days_go_by
    5 485Mbe4001
    6 yogkc
    7 tcsonly
    8 willgetgc2005
    9 MY_GC_DREAMS
    10 payal_nag
    11 genius
    12 Not2Happy
    13 thirumalkn
    14 meetdebasish
    15 GC Process
    16 baleraosreedhar
    17 caydee
    18 rkotamurthy
    19 hourglass
    20 murali77
    21 satishku_2000
    22 acruix
    23 imv116
    24 santb1975
    25 amaruns
    26 IN2US
    27 twinbrothers
    28 kumhyd2
    29 xstal
    30 mashu
    31 zoooom
    32 tcsonly
    33 drona
    34 DCQC
    35 jasmin45
    36 gctoget



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  • cinqsit
    12-10 03:55 PM
    Yes the bulletin is pretty detailed. Explaining logic behind per country limit and movement of cutoff dates. Certainly a first in a Visa Bulletin.

    Needless to say, CIR with provisions to address this backlog is the only hope for both i REITERATE - BOTH EB2 as well as EB3... divisiveness will certainly lead to failure or atleast a never ending wait for some of us....

    cinqsit




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  • kate123
    08-23 08:21 AM
    Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

    This line is not good:

    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;



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  • ramprabhum
    09-11 11:36 AM
    Google Order #914332314457943

    I have contributed $200 for the Sept 18th DC Rally. Wish you all the very best and have a great success.




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  • singhsa3
    09-12 01:37 PM
    At least I won't give u red dots if you can enlighten us how to get us out of this mess. And yes, we do want our green card so I don't think we can stop the process or stop spending money on that. Also please advise us how to bring all 70K people under one umbrella?
    I dont mind getting Red Dots, But please, for god's sake. Stop doing this fruitless campaign. Do you guys think Giving a Clock or sending flowers solved earlier problems. Enough of this Gandhiian ways. This country is not good for people like Gandhi. May be Flower campaign got noticed and created a whole new experience for the USCIS, but i dont think it really helped them do anything in our favor. Already, folks here are wasting their money, year after year, on their EADs and APs for them and their family. Just think for a second guys, It costs us 1000 $ to maintain status on AOS and visit our family and this is going on indefinitely for our years now. USCIS/Congress does not want to do anything about this, They are happy to get the revenue. Even if you think a minimum of 200,000 people spending 1000 $ an year, it is 200,000,000 $. Iam not even considering the amount they spent on other things like H1B extension, H4s..... Just think about the Dollars they are making on this Green Card SCAM. Accept it or not, it is indirectly affecting our lives, even though, GC is not really important for lot of folks. Iam one such person, I have a good client and a decent employer and iam with the same folks for 9 years and they are happy extending my H1b at their cost. But still, this whole GC game, is sometimes disturbing. They are playing with our emotions and our loved ones. So, GUYS we need to take a bigger and bolder step. To me, Calling people, sending flowers and letters explaining the situation makes no sense. Do you think, those guys dont really know about our situation. Let us a make a bold move. We are 70,000 folks just here in ImmigrationVoice. Let us compile a letter,that pushes USCIS/Congress on improving the condition. As long as they get those EXTRA Dollars, i dont think anything is going to happen. Even if they remove the provision to apply for GC while on H1B, it is good for us, for we will know that in advance and can plan on shaping our future better, instead of this false promise and emotional torture. I think even AILA or other Lawyers are useless. They dont want to do anything for us. All they do is, interpret the LAW , and explain us in the way we can understand. They dont take steps to fight for the justice. All they care is the money. So let us make our point clear to USCIS, we dont want to waste money on EADs and APs and H1B extensions. To me, it should be free of cost, since it is their problem that they dont work efficiently. Why should we pay 1000s of dollars for their inefficiency. let us all 70,000 work together in sending a letter to USCIS or Congress that We are not willing to spend any more money on the GC knowing that we are not going to get it anyway. Unless, we do something like this, the real impact of our situation will never get noticed. Again, our main aim should be to let them know about our situation and not just that IV is a group that will send flowers, to express its presence.



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  • sweet23guyin
    10-01 11:39 AM
    I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
    Message:
    " Congratulation for not using the visa# for FY 2007, God bless USCIS"




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  • eb3_nepa
    07-15 07:49 PM
    Good job people,

    However we are falling short of the $2000 target for today. Will we make it, or will we let ourselves down?

    Remember everyone BUT us immigrants wants us to fail. The anti-immigrants are WELL funded lobby. They ask for help from their members and they get a TON of it. All we ask on IV's behalf is $5.00 for now.



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  • needhelp!
    09-10 05:05 PM
    to:
    chiragmodi, coolpal, user1205, superdesi2100, sumansk, desixp, 485Question, lc1978, GreenMe


    To others sitting on the sidelines, if you cannot do $50 or more, please send a personal check by snail mail or by online bill pay to

    Immigration Voice
    PO Box 114
    Dayton, NJ - 08810
    Telephone: (202) 386-6250

    Every cent counts!!




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  • nk2006
    10-21 05:24 PM
    Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
    Thanks Ramba for your insights.

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

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



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  • villamonte6100
    04-02 02:21 PM
    Fortunately the US justice system works for everybody. Thats the hallmark of this great country.

    Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.

    Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.

    In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.

    Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts


    You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.

    Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.

    I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.




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  • maddipati1
    11-19 11:09 PM
    This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..

    Ron Gocher quotes:
    "Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."

    My interpret...

    Rule 1 :

    > The max limit for H1 is only 6 years.

    > You can only extend H1 beyond 6 years if there is a pending AOS
    this means if there is no pending AOS, u r not eligible for H1.

    On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)

    but surprisingly Ron doesnt use the same logic for EAD too.

    > EAD is also given as a temp relief for those who has pending AOS
    so if there is no pending AOS, no more EAD too.

    he thinks EAD is valid even after AOS valid Denial.


    THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,

    What is the status of the dude?

    Is the status AOS, coz its been denied already...

    But again, if the dude's out of status due to AOS denial,
    how come CIS allow to file MTR? Coz they know the guy who is
    filing MTR is out-of-status due to AOS denial :-)

    Its like a software u tested a lot with all kind of scenarios,
    but there is one scenario still not tested.

    Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.

    so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.

    thats is why systems need to be re-evaluated in a regular basis.


    can this shit be any more tangled.... :-)



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  • paskal
    09-10 01:56 AM
    Greg Siskind's blog on ILW

    http://blogs.ilw.com/gregsiskind/2007/09/immigration-voi.html

    Thanks to Greg for posting about the rally a second time!




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  • Lisap
    10-03 04:20 PM
    Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
    We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
    If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).




    Please forgive me for asking this..... but can someone please explain to me what you mean by wasted visa numbers? How is it even possible with all the backlogs and the caps on categories for uscis not to be able to use all of the visa numbers? I would love for someone to explain this to me! Thank you in advance.




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  • texanguy
    09-10 10:43 AM
    you still have till end of this month...

    I don't what how you define "most" but I am EB2 with US masters with PD 2006 and I am still waiting. Many of my friends with US masters are still waiting.




    boldm28
    09-22 06:16 PM
    bump




    njboy
    04-27 07:32 AM
    dont go to the edison kilmer road dmv..those guys are waiting for a reason to refuse.. even my white american friends have had problems there..lol



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