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  • chanduv23
    09-12 01:35 PM
    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.

    To do what you suggest, we have to organize ourselves first. Opening threads and debating and then burying them deep does not help. If we have 30K IV members + 40 K families and friends 70K letters will definitely make a difference.
    Thats why I say, lets organize ourselves - andthe first step is to "pledge commitment for the cause" followed by coming out of anonymity - followed by actively participating in grassroots efforts by working through state chapters




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  • balakot
    02-18 02:43 PM
    Look's like the DOS is trying to maintain a year difference in the priority dates for EB2-I and EB2-C.
    My guess for the April 2009 Visa Bulliten is April 1st 2004 for EB2-I and April 1st 2005 for EB2-China.




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  • santb1975
    05-22 01:24 PM
    Thankyou. You are our first contributor after our relaunch.

    Wandmaker - I will add your name to the list tonight

    I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.




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  • Madhuri
    09-10 04:42 PM
    Order Details - Sep 10, 2007 4:01 PM CDT
    Google Order #722113062529813
    Unfortunately I can not make it to the rally since I'll be starting on a new project. Contributed a small $100 towards this GREAT effort.
    Go IV!



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  • test101
    07-05 02:35 PM
    Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.

    awsome.. that's a good news....good luck




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  • NNReddy
    04-11 11:29 PM
    Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE



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  • ItIsNotFunny
    10-21 11:06 AM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    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 your attention to the issues caused by USCIS not following 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 candidates 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-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of 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, 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 followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further 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

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).




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  • TeddyKoochu
    09-07 11:39 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -

    Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it’s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let’s accept that they know how things work. Life is about learning and then What Next? It’s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran’s you give us the motivation to hang on. OP you seem to have started a nice discussion.



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  • diptam
    08-12 03:41 PM
    There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.

    Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.




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  • wellwishergc
    07-06 10:47 AM
    Cool down, nixstor! you made your point! Take a deep breath, relax and post with a rational thought process. You are not helping by continuing to post negatively.

    Personally, I think we can utilize this issue for the following:
    1) Urging our congressmen/senators to pass some short-term benefits like recapture of visas (Obudsman report indicates that around 180,000 visas were not used in the past years). This is a golden opprountinity for us to urge congressmen/senators to pass a bill to release those unused numbers for getting immediate relief.

    2) FBI name-check process needs to be made faster; so additional funding could help. (Obama Bill)

    If we leverage this issue on the above and focus all the efforts on the above two points, we will be better off. I hope the core group is already working towards the above two objectives.

    Yeah, tell me the same thing when all of us will wait for 6 or 7 years if they dont fix the system and continue to do security check on us. We know that we are NOT bad people. Its difficult to prove that in existing conditions. People are paranoid about every thing right now.



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  • kaarmaa
    12-15 12:48 PM
    Why not think about other options like stage rallies, talk to national news channels, flood congressmen offices?




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  • pappu
    06-10 01:49 PM
    The state chapters don't seem to be very effective.
    I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
    I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
    And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
    I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
    When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.

    Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.

    Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.



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  • unseenguy
    02-08 05:24 AM
    You need to take control of your family. The problem is that you allowed your inlaws to take control of your family. Second problem is that at the time of delivery the girl probably wanted her parents to come to US but you probably called your parents and she didnt like this nor did her parents. But that does not mean her parents will emotionally blackmail her.

    1) You should tell your inlaws politely and candidly that they are interfering in your family and that needs to stop. Also communicate with your inlaws through your wife. Do not communicate with them directly. You did not marry them. They are no body to you, legally.

    2) Your wife is under immense stress due to baby and parental pressure to control her. Her parents are trying to control your family through her. This is not the time to talk about separation because she has a young baby and she needs you as much as you need your baby. So you have to tell your wife what your inlaws are doing is not acceptable and just be firm that you will not tolerate it if she wants to live with you. And let her choose between her parents and you. This will be hard but you have to show some mental toughness.

    3) When you got married , you started new family, you moved out of family of your parents. Though you dont have to break up with them, there may be some things that your parents do, that your wife does not like. You might think it is OK for your parents to advise or ask her to do things in certain fashion, but, it is NOT OK if she doesn't like it. She is a matured adult and can take care of her new family. So if you wish good of your parents, you have to "keep them at a safe distance." They should not interfere in your affairs.

    4) You both husband and wife, need to handle each others parents in a matured way without insulting them. Both of you cant change your biological parents, but you can handle them diplomatically without insulting.

    If this doesnt work, and you really want to separate, just tell your wife, that to allow things to cool down, you can live some place else for 3 months and assure her that you will take care of her and the baby. That will send a very clear message to your inlaws of the things to come. You just cant threaten to separate and run away.

    Last, I do not know again how you treat your wife and inlaws. I dont mean to judge but do you treat them right? Why are they so desperate in this situation? Also I do not know any money transactions you have with inlaws, but, I would say, its not a good idea to involve inlaws in any kind of money. You invite 50% problems there.

    Also I am confused, are you living in India or US?




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  • WaitingForMyGC
    02-23 04:50 PM
    I am expecting about a year forward movement for EB2 India in April 2009 bulletin.

    I'll hold you responsible if it doesn't and blame you for all the s**t I am going through due to retrogession. :-)



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  • tnite
    07-11 08:02 AM
    Does someone know by how many months EB2 has jumped??

    little more than 2 yrs




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



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  • snhn
    05-02 02:42 PM
    I read here that King said that everyon on EAD and AP is getting a free ride even thought here green card might get rejected. What does he mean by that. I tahught every process goes thorugha security check. such as I 140, H1b, AP and even EAD.




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  • sri1309
    09-11 07:43 PM
    How do I start a new thread,

    Please help,

    Thanks,
    Sri.




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  • GotGC??
    01-04 02:19 PM
    One of the most balanced views on this topic I have heard!

    I think life inside home is better in India than US. And life outside home is better in US than India. What do you think?

    I am only son to my parents (aged 50s). I must go back whenever India sends a man or women to Moon. Just kidding.. Will go back by 201X.

    Currently I am in India on a vacation of 45 days. I came to India with lot of enthu after a long gap of 2 years. But as someone said, India cannot be compared with US, outside home. And yea, USA can't be compared to India, inside home :D

    I have to postpone the idea of returning for few more years for the following reasons, and yes, I want GC meanwhile.

    _ Reasons to stay and stay longer in USA _

    1) It's money, honey :D

    2) A nice Indenpendant House in Vizag or Hyd. I am long way to get there. You know what I mean.

    3) I haven't earned enough to copy & paste my lifestyle in US yet. I mean no car for my dad, no plasma tv in India, no 'retirement' fund for my parents so that they can live on their own. You know the rest.

    4) My wife has just _resumed her career on H1B after being seated at home for 3 years on H4. As you can guess, we left hopes on EAD. My PD Nov 05. I would prefer that she work in USA for couple of years, before which we can return.

    4) Last, but not least, I want to gather more "onsite" experience and go from programmer analyst to something I want to be, when I return to India.

    _ Reasons to go back to India _

    I belived in the philosiphy of helping yourself first, then family and then society.

    0) Will come back to India to live with my aging parents.
    1) Help my society (vote, pay taxes, charity, transfer of ideas from Western World, creation of employment and much more)
    2) Enjoy food, movies, language, various cultures of India.
    3) Travel world and not just USA - through my IT career.




    gc_kaavaali
    09-01 11:16 AM
    Arrived Aug 2002. Got GC last month. I would suggest people to file for GC as early as possible. Do not change employers for money (unless unless it is really really really necessary) until u get GC.




    bestofall
    07-16 10:26 AM
    here is my plegde at 2000$ Target

    Immigration Voice
    Immigration Voice $ 5.00 07/22/08 7YHX2-KTYKJ

    Thanks
    BestOfAll
    EB2 March 2005 India
    July 2 2007 485 Applied



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