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  • friend_in_NC
    07-11 10:38 AM
    My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?

    "In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:

    If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.

    If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.

    Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.

    Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."

    So friends, what are you folks doing? Any thoughts or comments?

    Regards.





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  • kdprasad
    07-11 11:22 AM
    I think one very serious point in favor of filing now is if you do not file, and the lawsuit is successful in about a year and a half as they say and your PD hasn't become current by then, it puts everyone who filed in July ahead of you and this might cause the USCIS to retrogress visa numbers to such an extent that it would take ten years for your PD to get current again. Would this be a correct assessment?

    Where did you get the information that it would take a year and half. Is it just a guess!!!





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  • sayantan76
    05-24 12:02 AM
    i think he may want to be the ceo of iv.

    here are my 2 cents..

    its nice to talk endlessly about what went wrong and bitch about it till the morning. one thing we all need to realise is this : we are going to have failures. period. just like we have had failures in the past. this is not going to be easy where you win every single legislation. 10% hit rate is success enough given the opposition and difficulties we face. so now, given that our batting average is going to be low, the question is this : everytime we have a failure, if people are going to sit on their butt, smoking their pipe dreams and doing monday morning quarterbacking about what part was wrong, then shouldn't they also volunteer to their local IV section to make it better? lets face it, if you really think something can be done better, then volunteer to the local IV branch and do it. everybody can benefit. but if all you are going to be doing is sitting here and posting negative messages, then you hurt everybody, starting with you. the opposition is much better organized, has more money and has great influences on the political inside. if you are not providing any constructive or organizational help, causing people to be distracted and causing IV core to lose their focus, and if you are not willing to volunteer to make it better, then in my opinion its best to step aside, be quiet and let the people in charge do it. again, if you are not helping, then you hurt everybody starting with you.

    in this case, like paskal mentioned, if you think the phone calls were not important, then you haven't seen the victory message from numbersusa where they talked about the deluge of phone calls that were made by their supporters and how crucial it was in throwing out the visa recapture amendment. if anything, perhaps we could have gotten better organized with the calls. But I suspect things also moved much faster than anyone anticipated, including IV core.

    lets focus our energies and support IV core and ourselves.

    peace
    just presenting a possible reason why what paskal proposed in his post does not work well in IV.......its not a question of whether phone calls are important or not....its a question of making a significant number of forum stakeholders (and not 1-2%) get to act on any initiative......fund raising/ calling efforts etc....

    i genuinely believe that the core members go above and beyond whats expected to do what they are doing for IV - its truly remarkable...they all have busy lives and it takes great conviction and dedication to take the time out and do this...but why are the people still not responding despite the obvious pitfalls of not acting on GC related initiatives.......

    maybe its lethargy, inaction, indifference etc.......but we should be open to considering that just maybe, a vast and silent majority of IVians do not feel a sense of representation in the organization and hence do not react as enthusiastically as they should........legitimacy among the constituents often comes with representation

    why did most kingdoms around the world perish and give way to democracies......bcos the kings taxed the public based on their whims and fancies......elected govts may do the same but people still pay up and if they dont agree - they know they have a choice at the next elections.......

    and no, i dont deserve to be the CEO - neither do i have a performance track record nor credibility here......should not stop me from voicing a contrarion view though





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  • gc_boy
    04-02 06:35 PM
    I recently did a online AR-11 change for both myself for for my wife. Saw a LUD the next day. After a week my wife got a RFE . Dont know the details yet. Iam not sure if the AR-11 triggered anything. Before that, i never had any LUD after 2007. Sitting with my fingers crossed.Mine is in NSC



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  • eeezzz
    03-14 11:34 AM
    We should lobby to stop Portability from EB3 to EB2:).
    You probably can't ask to stop portability from EB3 to EB2 or EB2 to EB1. But you can ask for if filers from EB3 goes to EB2, they can't keep the PD from EB3 but get a new PD for the date USCIS process their EB2 application.
    That will make people really think if that is worthy to do so. Otherwise every EB-3 filer will want to file again for EB-2 if they can.





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  • realizeit
    08-14 10:20 AM
    Mr chaanakya, You may find this as a personal attack! But it is not. This is an attack on your thought process!

    You claim that you received a PHD. But I seriously doubt whether the university that decorated you with a PHD evaluated your ability to think rationally and ability to reason!

    Normally with education people achieve wisdom, knowledge, ability for rational thinking, ability to reason, humility, compassion and a better understanding of the functioning of the world.

    I am not saying you do not have the right to complain or right to protest. You have and you definitely should have. But the approach that you have taken is the wrong one! In your post you criticize about people lamenting their plight! In reality, you are also doing the same, Am I correct?

    If you are a real PHD, just go through the following post that you presented and analyze how you can improve that to make it a product from a REAL PHD!

    If such an educated guy like you can become an opportunist, how you can expect higher standards from lesser mortals!

    In another post you said that you were eligible for EB1 and couldn't go through that rout, are you lamenting here? If you are well qualified, why didn't you go through that rout?

    You said:

    "You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job."

    In the same token, Why you are not trying to achieve a suitable job at a suitable firm which will apply your GC in EB1? You have all the opportunities for that, right? Why can't you achieve a Nobel prize and obtain GC in a split second? Who is stopping you?

    Just because, you did your masters and PHD from here, does that make you special? What about a guy who obtained Masters from G Britain? - Is he ineligible? Would you prefer special treatment over him? The point is, when you came here, you swore that you do not have any intention to immigrate, and you just have intentions to study and return to your home country - Try to remember, you did that in your F1 visa application form. So, my friend, nothing gives you a right to be here or to get GC. It is a privilege.

    You need to understand one thing: Each person has different skills, living circumstances, responsibilities, and different type of blessing from the almighty. So, don't measure everyone with the same yard stick that you are using to measure and don't use your own selfmade standards.

    If undocumented immigrants where also competing with you for a GC spot, you would have said, they also have the same opportunity here, why they are not taking masters and PHD to get their GCs sooner?

    In reality, some are fortunate to reach your level, but not everyone! But that doesn't make them ineligible for the Pursuit of Happiness and Pursuit of a better life!

    If you do have a real PHD, you should lead, you should be a role model for many and propel your energy in the positive direction instead of a stupid post like this! You can work to make things better in this country!

    My point is, work hard and lead to improve the immigration related laws and procedures!

    Last point I would like to mention: Dear friend, Just education alone will not make you a better person or a person with wisdom. Try to learn from life, lives of others, problems of others! I think, if you try, you can understand this better than me, because you have better education!

    And please, don't speak for me: I am an EB2 Masters category guy.


    Last message to all folks who express their feelings through red dots: Think before you act! Provide the real reason why you are giving a red dot. Don't just allow your emotions to control you.






    Yes, that is right, I said “plight of EB2-India”.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as “oh..i am a poor EB3 waiting for n number of years” etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to “my career is over because my gc is delayed” are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven’t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!



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  • sri1309
    01-14 09:18 PM
    :) I think the link provided by @sri is something that can be traversed from here http://citizensbriefingbook.change.gov/
    I have logged in and voted for the Immigration Reform, link there. (Searched for Immigration as mentioned by @sri) But, again we have many other posts which are against legal immigration due to financial constraints.

    Please avail this opportunity to vote and highlight our plight, by voice your opinion in the right posts.

    Good job Oliver,
    Please post this message that we can vote in as many threads as you can. Here is one more chance to vote, guys.





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  • shensh
    02-12 01:31 PM
    Just because a large number of IV members are EB2 Indians (based on the comments posted) doesn't mean that we should ignore the interest of EB3 ROW or EB3 Indian/Chinese.

    Any talk about moving visa numbers from EB3-ROW to benefit EB2-India only divides us therefore should be despised. Let's focus on the real issue (supply & demand of EB visa in general) and serves the interest of all people suffering from this.

    However, everytime someone talks about giving visa numbers from EB3-ROW to EB-2 India/China as the ONLY freaking thing in the world to do, I have to point it out to them that they are talking taking those visa numbers away from ROW-EB3. And that my friend, is not in the interest of ROW-EB3. Nor does it benefit India-EB3, or China EB-3.



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  • Nil
    06-12 04:52 PM
    There are several of us who have advanced degrees and yet have been put under EB3. Now, a lot of them can move on to a more responsible role but held captive by the immigration situation.
    Just a thought - if the STEM degree holders can be exempt, then it will take some weight off the entire system.





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  • rb_248
    03-14 09:57 AM
    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    May be EB2 India and China can see some movement in July VB published in June.



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  • TUnlimited
    07-18 09:49 AM
    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 10.25 AM
    Service Center: NSC
    Rejected: Dont Know





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  • Aah_GC
    05-21 08:53 PM
    Could anyone recommend medical insurance for parents over 80?

    Unfortunately you are in with little luck for parents over 80. In most American Travel insurance quotes you will see that for 70+ the maximum coverage is $100K and then for 80+ it is just $15K. This is total sham - the purpose of all insurance companies is just this - make the most money by insuring themselves against risk, even at the cost of insurer.

    My suggestion to all of you would be to go for comprehensive coverage with a good network. I found http://www.nriol.com/insurance/insurance-worldmed-long-term.asp this site to be useful - don't mean to advertise.



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  • dr_vroeg
    06-22 03:18 PM
    I'd agree to that





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  • sidbee
    05-13 08:48 AM
    Very well said.

    I totally agree with you.

    I really hate those people , who get fraudulent H1B's and GC's through Fraud Desi Consultants. I really wish USCIS to investigate approved GC Cases and deny them , if found a fraud.

    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin



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  • mpadapa
    06-13 01:58 PM
    USCIS doesn't write the law they just follows the law. Excluding depends needs legislative fix. IV has been representing the "Exclude dependents" theme but it is not finding much traction with the lawmakers. Currently what is consensus among lawmakers are part of the 3 Lofgren bills. Let us call our House representative and CHC members and ask them to support the 3 bills.

    Everyone especially EB3 will benefit if the bills are passed.


    I think this is a valid point. We should request from USCIS to treat the employment base category same as other category. I am not sure that USCIS could fix this by themselves or they need any legislation.

    This will be a big relief for us and will fix our 50% backlog.





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  • snathan
    04-26 03:12 PM
    M**f** ganguteli

    I'm not anti immigrant. I'm on H1 (actually EAD with EB3 PD of Jan 2004).Almost got laid off with replacement by an L1 from TCS. Good for now for another 3 months!!

    If you still think against me, i wish you get a situation where you might get laid off and replaced by an L1

    I'm for reform for GC processing and I dont support the abuses because of L1s

    No more discussions with idiots like you

    I completely understand the situation. But believe me this bill not good for anyone but anti-immigrant. We need to fix the broken system and make sure the employee is not tied to the employer. It will take care of all the misuse and low wage. I hope you understand the point. Now they are coming for L1, then H1 and then for EAD...

    United we stand and divided we fall.



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  • dixie
    11-15 02:29 PM
    Besides, out unclaimed social security tax ends up financing the retirement of those very same anti-immigrants.
    why dont they talk about the endless fees we pay, attorney, government?
    at least we are providing the legal industry with plenty of jobs, if not for us 75% of their immigration attorneys would be out of business





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  • rheoretro
    09-13 03:17 PM
    We need to do something that catches the attention of the media; just getting more members and more funds may not be enough. We need to write letters to editors of major newspapers like NYTIMES and WASH POST.

    I am so glad about the strong reponse to this thread.


    I think you missed my point...we need more members because you can't get any one's time if you just want them to do something for you. You have to be prepared to do something for them. For us, when we become citizens, we need to vote. Now do you see why political parties look for numbers?

    Also, as far as our outreach in the news media is concerned, you should look at this page:

    http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27

    We may not have made the news on CNN or on PBS, but we have gotten the word out across a wide spectrum of the news media...

    RR





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  • akred
    08-25 12:33 PM
    Second the idea of using an ATM card for this purpose. You can get an ATM card for your parents or relatives in India from your local credit union or bank in the US.





    chanduv23
    06-07 11:10 AM
    borgho - Your first point about big companies not cooperating in this is a very true and important point.

    Yes, only some progressive companies with progressive thoughts will actually do something. As such, only progressive politicians will do something about.

    Rest, they don't care. If they get someone (Citizen, H1b, L1, b1) anything they will get their work done. In big companies the issue is with heirarchy. You superior would love to do something for you because you work hard and get him good name but then managements are not like that. They are selfish. They would like to cut costs and if possible they would love to see your job going overseas ASAP after keeping you as contractor tillwork gets done. These companies will never change. Never rely on such companies.

    Mid sized companies with energetic entreprenuers who have progressive ideas and thoughts would actualy fit our cause. They see you as an integral part of the organization and would like to help.

    About DL: it is crazy. I made 5 visits to DMV CT to get my out of State DL renewed.

    These things must be changed.





    GCAmigo
    07-12 11:27 AM
    I remember long time ago somebody used to say that this Greencard is a SCAM....I am so frustrated..

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