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  • shreekarthik
    10-08 06:40 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.




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  • chi_shark
    07-10 11:49 AM
    desi,

    so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...

    what is your point about If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...



    The problem with self employment is demonstrate
    1. AC-21 job is in same classification as original labor/I-140
    2. New job is bonafide

    In order to show that the new job is "real", one has to show
    1. The business is real, not just paper shop
    2. Business Plan, Funding to support employees
    3. Any contracts, orders etc

    If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.

    The burden of proof, in case of RFE, lies on beneficiary.


    __________________
    Not a legal advice.




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  • nefrateedi
    09-08 04:34 PM
    WAC is California Service Center.




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  • darslee
    07-10 04:55 PM
    In the past week, the "Protest Blooms" campaign notched up the following wins:
    Times of India article
    Buzz in the blogosphere
    Attention from many attorney websites and blogs
    Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
    Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
    Had a senior reporter from New York Times talk to me
    Had the footage of this entire event shown on CNN in India
    Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
    Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
    Had USCIS director react to us
    Had so much interest generated that the IV website was brought down J
    Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.

    Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.

    Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.

    Let us learn from what went right and what went wrong and use this to better execute all future events.

    Absolutely right! Good job eveyone who participated! :)



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  • saimrathi
    07-03 11:40 AM
    Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)

    http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0

    Select Occasion: "Sympathy"

    The message: All the best for future Employment Based visa estimates

    Delivery location type is Business, US Citizenship and Immigration Service

    Address:

    Emilio T. Gonzalez
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Phone number: 202-307-1565

    It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D

    I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)

    Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...




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  • GumI485
    07-03 01:44 PM
    I would sent some cactus if there were options to do that.:D


    GUd one!!!LOL!!!



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  • paulavijit
    05-25 02:15 PM
    Sent emails and made phone calls to all Senators mentioned.

    Thanks IV.

    Good luck.




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  • jonty_11
    07-05 01:09 PM
    Gandhiri is not for this Country - all they listen to is Money......
    Those who follow Gandhi are treated as if they were Hitlers allies...like MLK Jr. They are SHOT!!!
    If you can weild a good $ bat, then they will listen to you..!!



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  • babuworld
    11-21 10:44 AM
    Dear Mehul,

    I am shocked my seeing this news. I will pray for you and your family. I dont know what to say in this time when your support for your family is needed the most. God bless you and your family.

    babuworld.




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  • rajeshalex
    08-26 12:43 PM
    Applied in July 10th. Today saw the mail that approval notice has been sent.



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  • Googler
    07-07 08:19 PM
    On CNBC:

    http://www.cnbc.com/id/19634804/site/14081545/page/2/

    BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?

    Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.

    BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?

    Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.


    Dr. RICE: But we need immigration as well. The ceilings have been set. They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.

    ************************************************** ********

    Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.




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  • BharatPremi
    12-16 06:26 PM
    if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.

    how badly you wish to change career for example, varies among individuals. but one should not forget that life is finite number of years, and the system here wants to eat all your productive years by dangling the GC carrot.

    as sufferers of this ordeal, i believe it is our duty to inform the young and innocent who are not yet in this mess, about the future that awaits them.

    mind you i am not discouraging anyone from coming to the US.. that is a decision that must be made by the individual.... just making sure the rules and realities of the game are known to people before they come here.

    ^



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  • pappu
    04-21 07:25 AM
    Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

    Has anyone done this more than 1 times?

    How much % salary increase have you taken while changing jobs?
    How different was your job description and profile?

    What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?




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  • english_august
    07-09 07:54 AM
    Please refer to this thread:
    http://immigrationvoice.org/forum/showthread.php?p=103700



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  • zoooom
    07-19 06:48 PM
    Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
    Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
    For that I suggest we give this thread good two days to develop and check other members responses...
    So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
    Guys: Its good to see response...Pls reply with the text "In" and the amount.

    Members,
    I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
    http://www.businessweek.com/bwdaily/...eek+exclusives

    ========================
    Message from Pappu:

    Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.

    "Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"




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  • logiclife
    10-08 06:00 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

    A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.



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  • reddymjm
    06-12 12:07 PM
    id(RD)
    -----------------------
    vk373
    reddymjm
    cr52401
    Lucky7

    any new receipts please add to this list...
    NOT YET. Waiting man...




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  • tabletpc
    12-16 08:51 PM
    Being working in a non-cap h1b and in same place for the past 7 years(went to school also here). I am desperate for a new job which obviously will take me to new place.

    With an EAD and approved i-140 i can't use being single.

    had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.

    All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!

    But i am not depressed.. i have accepted this has another options for myself.

    Consider u r self fortunate to have not got stuck like me....!!!




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  • rsharma
    09-24 12:35 PM
    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...




    EB3_SEP04
    08-13 10:20 AM
    I just received the email this morning.

    for Spouse only. Pending for the primary applicant yet

    Applied on July 1, Receipt July 3 and Soft LUD July 8:)

    Congrats Petepatel !!
    This gives me a reason to be optimistic about my EAD, i filed on july 1st too.




    Libra
    08-13 03:23 PM
    Your signature shows you got saved by IV efforts, so what is your effort to support IV? Please contribute for sept rally in DC. Thanks.

    I-140 approved from Texas.



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