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  • singhsa3
    07-20 12:38 PM
    Please look at the discussion topic and then post you comments. :mad: :mad:
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)




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  • john2255
    07-21 12:14 AM
    That is exactly what I thought as well. Which is why I'm confused by posters ranting about "people who voted against SKIL bill" and getting their knickers in a twist

    Correct me if I am wrong, ---but I thought that "This Ammendment" was attached to a defence bill. I dont think that it was the ammendment that was shot down, but the whole defence bill.



    Kindly note,
    This particular Cornyn amendment (S.Amdt. 2339) offered to attach to H.R. 2669 (College Cost Reduction Act of 2007 ), but the motion was failed due to lack of 5 votes.(55 YEAS and 40 NAYs. Require 3/5 majority) HR.2669 is passed by both Senate and house and sent for conference to resolve the difference between house and senate versions and president is sure to sign the bill and thus would become the law in another few days. This amendment does not have anything to do with defence bill or with SKILL bill. Following is the actions taken by congress of HR 2669.

    IF THE AMENDMENT HAD PASSED WE WOULD HAVE GOT ATLEAST 240,000 RECAPTURED, UNUSED VISAS OF PREVIOUS YEARS IN ANOTHER FEW DAYS.


    H.R.2669
    Title: To provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008.
    Sponsor: Rep Miller, George [CA-7] (introduced 6/12/2007) Cosponsors (31)
    Related Bills: H.RES.531
    Latest Major Action: 7/20/2007 Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.
    House Reports: 110-210
    MAJOR ACTIONS:
    6/12/2007 Introduced in House
    6/25/2007 Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-210.
    7/11/2007 Passed/agreed to in House: On passage Passed by recorded vote: 273 - 149 (Roll no. 613).
    7/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 78 - 18. Record Vote Number: 272.
    7/20/2007 Resolving differences -- Senate actions: Senate insists on its amendment, asks for a conference, appoints conferees Kennedy; Dodd; Harkin; Mikulski; Bingaman; Murray; Reed; Clinton; Obama; Sanders; Brown; Enzi; Gregg; Alexander; Burr; Isakson; Murkowski; Hatch; Roberts; Allard; Coburn.




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  • immique
    06-23 05:41 PM
    America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.

    Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.

    If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.

    these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.

    this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants




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  • dummgelauft
    04-30 10:23 AM
    I don't know where the phone campaign stands in light of this

    Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)

    POTUS has openly declared "no appetite for CIR"...

    So, I guess, all we can do is eat the kela that has once again been given to us...



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  • Keeme
    08-14 05:50 PM
    What are you talking about?
    For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?

    Am I missing something here? But if your prediction is true, I will buy you dinner!!!
    """The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """

    Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants

    DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.




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  • AllVNeedGcPc
    04-17 09:44 AM
    Enjoy these moments.

    Please when ever you get some time can you answer couple of my questions.

    1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
    2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?

    Here's my journey so far.

    1. Initial labor
    a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
    b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

    2. EB3 I140 (NSC)
    a. Filed - July 2nd 2007
    b. Approved - 2008

    3. I485 (NSC)
    a. Filed - July 2nd 2007
    b. RFE - April 2009 (EVL for me and visa history for my wife)

    4. Perm
    a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
    b. Filed - Oct 2010 (No experience used only MS)
    c. Approved - Dec 2011

    5. EB2 I140 (TSC)
    a. Filed - Jan 2011, Premium Processing
    b. Approved - Jan 2011 (original A# and Priority Date retained)

    6. Interfiling
    a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
    b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
    c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
    d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
    e. Waiting again...


    I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

    1. Initial labor
    a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
    b. Approved - August 31 2006

    2. EB3 I140 (NSC)
    a. Filed - October 11 2006
    b. Approved - April 6 2007

    3. I485 (NSC)
    a. Filed - July 19 2007
    b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

    4. Perm
    a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
    b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
    c. Approved - Feb 15 2011

    5. EB2 I140 (TSC)
    a. Filed - March 9 2011, Premium Processing
    b. Approved - March 21 2011 (A# and Priority Date retained)

    6. Interfiling
    a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
    b. March 29 2011 - Lawyer sent the official Interfile Request
    c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
    d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
    e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
    f. Waiting on the physical cards to take a long break :)

    Wish the very best to everyone else waiting on the GC line.



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  • perm2gc
    07-23 03:22 PM
    Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
    Concurrent filing was present at that time :D




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  • akhilmahajan
    10-24 05:32 PM
    Same with me, have been getting red dots. But red dots should not deter us.
    People giving us Red Dots for our efforts means we are doing a good job in our efforts.

    People who are lazy or just don't understand the magnitude of the problem, will do nothing except giving red dots.

    So, lets keep on going with this campaign full steam.

    GO I/WE GO.



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  • Suva
    07-19 02:30 PM
    I think you are wrong. When the application is entered into the system that date is called Notice date. Receipt date would be the date USCIS recieves the application.

    Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.




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  • saimrathi
    07-06 11:18 AM
    People are burying these posts as spam.. can we do something to make sure that doesnt happen?

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/USCIS_Visa_scandal



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  • susie
    07-06 12:01 AM
    Ref cspa and age outs

    I have a lawsuit filed for cspa and awaiting outcome

    Suing Attorney General, Goeff Gorsky head of VO opinions section at dept of state, Evelyn Upchurh of TSC

    They have 60 day to reply from end March 07, then requested additonal 30 days which my immigration attorney agreed to for professional ethics.

    So we were at 90 at end Jun 07 and the day before the lawyer for attorney engeral called my lawyer,

    Apparently my case file is very thin and as of that Date Geoff Gorsky had not replied to his own attorney!! Their attorney has requesed yet another 30 days and stated on the phone to my lawyer that he wants a resolution to my sons case. For more info go to www.expatsvoice.org

    But will update here when I get any news




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  • gene77
    04-12 11:45 PM
    Nothing yet, RFE response received is all. Waiting ..

    Got the card production e-mail today, thank you everyone for your endless support the past 7 years.



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  • desi3933
    09-15 04:30 PM
    That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.

    Infact, it would be wrong to call this a lawsuit.

    We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.

    If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.

    The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.


    Best of luck for your efforts for injunction order. BTW, How many, in past, such injunction orders have been issued against USCIS? That too, with retroactive effect!! That should give an idea how feasible this is.

    Just because you believe in something is NOT same as proving that in a court of law with legal basis and damages caused. You have to show both things - legal basis as well as damages caused to you.

    Good Luck again.


    _____________________________________
    Proud Indian-American and Legal Immigrant




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  • chanduv23
    05-15 11:27 PM
    Sometimes lawyers are used to their old ways of doing things. However, IOs are not the same people of the old. Most IOs are new hires and still in their learning curve.

    I think the problem with your info. on USCIS screen is that the previously approved I-140 was changed to "denied" on same date it was approved. USCIS probably didn't have a log of the change.

    The only evidence to prove that it was "approved" before is your copy of approval notice and it seems they don't believe the legitimacy of your copy. USCIS relied solely in their faulty database system.

    Did you have a screen capture of the I-140 approval in CRIS? I screened captured mine just in case because it's another proof that one point in time, I-140 was approved.

    He got info from USCIS through congressional liason that his 140 was indeed approved on the date when the IO claimed it was denied and it was indeed revoked when he got a denial. The revoke was initiated by his employer.

    They seem to have all info proper. There is no faulty system. If there is faulty system, probably we have known by now with things never happening right



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  • eb3_nepa
    07-14 01:01 PM
    here is my response thru my Bank Onlie pay

    Immigration Voice
    Immigration Voice
    $ 5.00 07/18/2008 7Y9YG-2BT90

    Please Help IV to help us

    Thanks
    Bestofall
    PD-EB2 Mar 2005 India
    AP-EAD received

    Thanks Bestofall. Admins/Moderators, can we have this campaign on the homepage?




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  • Green.Tech
    06-11 10:46 AM
    Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...



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  • maverick_joe
    04-30 01:40 PM
    this would be interesting to hear to! thanks for sharing!

    TOP USCIS AND DOS OFFICIALS TO TESTIFY IN HOUSE HEARING ON WASTED VISA NUMBERS AND BACKLOGS

    http://blogs.ilw.com/gregsiskind/2008/04/top-uscis-and-d.html

    http://judiciary.house.gov/oversight.aspx?ID=435




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  • amitjoey
    07-18 05:17 PM
    Hi guys,

    I am sure every company would have their own 'stuck in gc process' alias.
    Please start an IV fund drive, so that you can do this on a company basis.

    Theres one going on in mine..and guess what..20 contributions in a couple of hours.

    Thanks jk333. That is just awesome.




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  • punjabi
    08-02 06:17 PM
    Hi Niklshah,

    What time did your application reach NSC?


    i am a 2nd july filer, my cheques were cashed today. filed at nebraska




    learning01
    04-25 05:18 PM
    Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.

    Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
    These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.

    I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.

    1. Priority date should be date when the person enters the country.
    2. The person should have paid taxes consecutively for n years(n=3.4.5...)
    3. This should be applicable only for H1 and not for any other visa categories.

    If the above is not possible, then

    1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.




    meridiani.planum
    04-01 05:32 PM
    OK now Mr. non-retard...cud u do all of us a favour by showing some article which says, US democracy is the same for citizens and foreigners. Send us a link from some Govt web site that says this. If u cant substantiate ur statements admit that u r a retard.

    he did not say 'democracy is same for citizens and foreigners' whatever that means. He said that foreigners have same basic rights as citizens:

    http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
    "The Bill of Rights limits the powers of the Federal government of the United States, protecting the rights of all citizens, residents and visitors on United States territory."
    "The Bill of Rights protects the freedoms of speech, press, and religion; the right to keep and bear arms; the freedom of assembly; the freedom to petition;"

    http://en.wikipedia.org/wiki/Freedom_to_petition
    The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same.

    So yes, you do have the right to peititon for correction or repair of some form of injustice (Eg: wastage of visa numbers) without fear of punishment. It cant get any more clearer than this.

    If you want change, begin by growing a spine and saying 'status-quo is not acceptable'



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