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  • Blessing&Lifeisbeautiful
    08-19 07:58 AM
    bump





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  • pmpforgc
    03-06 08:29 PM
    I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.

    The irony is he applied two months after me in the same category except his application was from a different state.

    Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:

    Just wanted to caution you that, your friend if he dont like his decesion, he can reverse it any time as he has luxuary of citizenship. If you try to foillow in his foot step, you may not have that luxury and also might have to restrart from scratch if you want to reverse your decesion of going back home.





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  • langagadu
    09-15 11:01 AM
    Whay are you jealous of people who are porting? Why can't people go from EB3-EB2?

    This is different from the Labour substituation, if a person filed in EB-3 in 2001and gained 7 years of experience, if the company is promoting him to the next higher position, it is very much acceptable for USCIS to promote his EB-3to EB-2.

    I don't think USCIS will not give any shit to anything you are trying.

    Once you have approved I-140, that date is your's buddy. Jealousy suckers.

    So what you are saying is, everytime you apply for a I-140, all your previous I-140's should be dropped. Is that you want. Do you realize they can not do this as an Admin fix?

    So basically you want to get Green card and be happy and everybody else should die in the f***** queue.

    WHY DON'T YOU USE THIS F****** ENERGY FOR SUPPORTING (EMAILS, CALLS TO THE SENETAORS) THE RE CAPTURE BILLS.



    People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.

    I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.

    If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.

    This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.

    These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.

    If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
    Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.

    This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.

    If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.

    I want everybody to get their GCs. I also am OK with the wait.
    But anything that threatens my position in the queue is not acceptable.





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  • franklin
    07-18 03:29 PM
    I just upgraded my monthly contribution too!



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  • skv
    06-20 01:13 PM
    Mine was filed in Feb 07. My lawyer has opened an inquiry and its pending too

    I feel sorry for you, it shouldn't take that long. I don't know what the hell it's going on at Atlanta PERM center.

    If we miss the boat this time, it's going to be tough.





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  • JaisGCQuest
    06-23 05:17 PM
    Hi..

    I wud say its a brilliant thought and u shud go ahead and compile ideas and create a beautiful document. If nothing else it can be a good resource for others to read .

    What is America losing because of our prolonged wait for Green Cards?

    Money in the form of Taxes and more and more skilled labor :

    People in India now don't want to come on H1B's because they don't see any future in US anymore. They think instead of returning back after an unsuccesful dream of living in US they cud gather what they have currently and stay in India -- where they wud eventually have to settle later.

    Money in the form of Mortagages Property Investments -
    Indians mostly prefer to invest in good real estate properties atleast better than the other two dominant categories in US [ Hispanic and African - American ]. There will be a surge of better mortgage payers if the Indian population see a long term stay in US.


    Skilled Labor because most companies dont hire H1bs for additional cost factor to be given to USCIS . And even if some companies want to hire H1B people for cheap labor, these skilled labor are inclined to get greencards. Most companies dont do that or may be start the whole process too late because of the long queue and they think instead putting so much efforts to make this H1B guy permananent [ hassle free] they settle for lesser skilled labor with more salary who has a permanent residence/ citizenship because they are hassle free.


    Have to return back to work but ..will write more later.

    Thanks



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  • manish_jain99
    09-10 04:46 PM
    I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.





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  • qualified_trash
    01-02 07:20 PM
    Folks,

    I know this has been discussed in the past on this and other message boards but I wanted to hear some more opinions about it. What is the value of green card to you?

    I know different ppl have different reasons like ability to switch jobs, ability to travel freely, ability to have a job for spouse etc. All said and done how many of you would like to go back to your home countries in the next 5-6 years? I know a lot of people have issues such as aging parents back home or they simply don't see themselves living in a foreign land forever. I guess my question is what percentage of ppl aspiring for a GC view it as a convenience vs percentage of ppl who actually see it as a path to settling down in US for good.

    Thanks

    you should maybe set it up as a poll. as for me, I am here for good unless asked to leave :-)



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  • WaldenPond
    11-05 12:47 PM
    Hello Jimi,

    Thank you for taking the lead in southern California. Activating State Chapters is a great idea. We all need to be more active in our local areas. This will help a long way in connecting with other IV members to create more awareness and ultimately achieve success.

    Thanks again,
    WaldenPond





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  • needhelp!
    09-11 01:28 PM
    superbabu, sundarpn, vaccine, pcjandyala, ramprabhum



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  • andy garcia
    10-01 02:11 PM
    From where did you get 174,968?
    Is there any case where unused FP #'s were captured for EB?


    Recapture of Employment-Based Immigrant Visa Numbers Unused in Fiscal Years 1999 and 2000 Section 106(d) of PL 106−313 provides for the recapture of those EB numbers that were available but not used in FY 1999 and 2000.

    Beginning in FY 2001, those unused numbers (which totaled 130,107) will be made available to applicants in the EB1, EB2 and EB3 preference categories once the annual Employment-Based numerical limit has been reached.

    In FY 2002 they used 28,951 out of 130,107. The rest is history.





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  • chintu25
    09-11 04:40 PM
    Singhsa

    I am in

    :mad::mad::mad:



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  • GC_sufferer
    07-06 08:53 AM
    Looks like she changed the Article title in NYT.

    The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".





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  • 485Mbe4001
    03-17 07:28 PM
    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.


    both husband-wife should have SSN.

    what about july filers. Most have received SSN for H4 by now.

    those who already filed using ITIN might be at loss.



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  • vandanaverdia
    09-12 12:47 PM
    With such a great initiative here... I am sure a lot more first time contributors will come forth. Pls dont wait any longer... Pls contribute towards the drive. We have lots to achieve & very little time...
    Kudos to Milind123... u r doing a great job....





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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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



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  • kinvin
    03-09 10:07 AM
    Thank You indio0617 for the upto the minute responses.





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  • biomd
    09-09 09:13 AM
    My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
    C U Guys!.





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  • jay1ram2
    08-23 07:33 PM
    Mu thpoughts and assumptions. Might want tot talk to your attoney too

    > First thing to remember is this not a law yet and it might take some time to become law and that too "IF" it gets approval

    > Second "IF" this becomes a law and if your I140 application says Advacned Degree/Exceptional Ability then you might have to send additional docs

    > As I said in my earlier thread my i140 approval clearly said "Advacned Degree, or Exceptional Ability"

    > You might want to check your application once too

    thanks
    satish

    Mine is "Advanced Degree, or Exceptional Ability". I got my I-140 approved in June 2007 and haven't filed my 485 because I was not married at that time.





    Ahimsa
    08-10 11:11 AM
    good point which has been overlooked.

    thus one can say lack of social security numbers for spouse and kids of a high skilled immigrant waiting for gc causes sevaral administrative and taxation issues.

    Please also note:
    Gor GC waiters, the child tax credit will not be available for kids under age 1.
    In Oct 2004, my kid was 6 months when she landed in US.
    When she was 9 months in Jan 2005, I tried to include her in my tax returns but IRS said I can not include her until she becomes one year old.
    This year 2006, I could include her after getting her an ITIN.
    In short, child taxation issue is there only for one year at the maximum.





    ragz4u
    03-15 08:47 AM
    Still the same. Does anyone know what time this is supposed to start?



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