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  • go_getter007
    12-17 12:33 PM
    You may want to focus on (and be thankful for) what you have out of the following:

    1. Good health (which we often take for granted)
    2. US born kids (at least they are citizens, if that's important to you)
    3. US education (a different experience for sure)
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
    5. Good work experience (this is transferable and more or less ensures a decent future)
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!

    And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?

    Cheers,
    GG_007


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?




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  • GCNaseeb
    09-30 03:37 PM
    Our 485/131/765 packet was mailed out on July 26th. We received all four Transfer Notices from CSC yesterday, stating that they transferred our cases to Nebraska as my I-140 was approved from LIN. Now waiting for the actual receipts to arrive from Nebraska.




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  • austin123
    07-20 01:30 AM
    $100 from my side




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  • mirage
    03-06 06:09 PM
    You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
    Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)



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  • nixstor
    08-19 07:15 AM
    Guys,

    There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
    If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.

    I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.




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  • neelu
    12-12 12:49 AM
    Good question.
    Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
    Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)


    No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!



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  • madhu345
    11-17 09:56 PM
    Sent also forwarded to colleagues.




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  • another one
    07-05 03:32 PM
    Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.
    I have convinced a few people at work to do this. Their point is, if we really want to do this, let's do it in a way that works. After receiving a few deliveries, USCIS will get the idea and direct it's lobby security to refuse all further flower deliveries. What's our plan for that situation?

    How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.



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  • GC08
    07-08 02:54 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin�s big jump. That�s my 2 cents on the matter.

    But that does address the question: if they can finish those cases in such a short period of time, how come they did not process those cases earlier? Contributing everything to communicating and planning is a stretch. They are definitely factors. But not the factors. What about wasting of visa #s in prevous several years! :confused:




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  • arunmohan
    09-09 08:20 PM
    In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.



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  • sankap
    07-10 03:05 PM
    I agree--make your own decision for your peace of mind. Under W2, you're an employee and your employer does the taxes. On 1099, you're self-employed and you do the taxes, and also deduct business expenses. However, being on W2 does *not* mean that you've a job for unlimited period of time. A lot of recruiters for contract jobs (e.g., a 3-month contract) give you the option of joining under W2 or 1099.--e.g., $70/hr on 1099 or $60/hr or W2. Being on W2 should *not* be construed as being on a "permanent" job.

    At the end of the day, it's all a question of your peace of mind. You can take this 6-month contract on W2 and take comfort in your (wrong) thinking that you're on a "permanent" job, or you can take that contract on 1099 and (wrongly) worry that you're on a "temporary thing."

    you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)




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  • deepakjain
    05-08 05:53 PM
    My Apologies if this seems a bit rude to you...

    IV is specific for people those who are awaiting permanent residence...but looking at the recent set of events for those who are not in queue and are new here with just 2-3 years of stay in State....on H1B...

    Following is happening and it has a reason...I know many of my friends who have been denied H1B, L1 extensions ..these are those people who have just started PERM...

    EB2 dates moving to Jan 00 and other not under U, has a specific reason as well; quota is one reason but it is not the only reason in the current state...these is another means to make sure that those who are trying to get GC and other who are trying to stay for 6 years under H1B should be putup into a spot that the thought of leaving this place and ending up back home becomes a reality..

    I am sure out of total 500K awaiting the GC process, will have now atleast a second thought of going back home...H1B and L1 under 6 years are now also being forced to return back....



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  • diptam
    09-29 11:46 PM
    Your employer do NOT have to give LC or Original 140 to you for invoking AC21. If you have 485/AOS receipt ( which is your personal property) and you got a copy of 140 receipt ( if not approved) / copy of approval notice and that 485 shows more than 180 days from RECEIPT DATE you are good to switch Jobs.

    Just keep in touch with Attorney in case if any RFE comes - so that he contacts you now instead of your previous employer. If you are a self-filer or have hired your own Lawyer even you dont have this headache.

    When changing Jobs - be responsible on your own , so that you can respond to the RFE satisfactorily. Also make sure you get a letter from new employer that they want to recruit you on a permanent basis quoting your Salary and Job description.

    If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.




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  • mike_2000_la
    06-12 01:12 PM
    My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...


    I dont think there is the so caled "unprecedented volume"



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  • vbkris77
    09-24 01:53 PM
    We tend to forget that we are not lawmakers :p

    When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..

    When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..

    I don't know how better I can say..

    I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

    But buy then major damage was done..

    Therefore EB2 guys wake up till there is time.

    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...

    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.




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  • desi3933
    06-28 10:58 AM
    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Many reasons. Pick any one of you choice.
    1. Employer does not want file H-1B this year at all.
    2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
    3. This job is permanent and H-1B can be filed only for temporary jobs.
    H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
    4. H-1B quota is over (if applicable) and employee is on F1 OPT.
    5. In past, many H1-B has been rejected by USCIS for this job position.
    6. The job does not qualify as specialty occupation under H-1B

    All of these reasons are valid legal reasons. One more time, valid legal reasons.


    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.

    Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?

    Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.

    For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.

    Employer has choice of
    1. Filing or not filing H-1B
    2. Filing or not filing green card for the employee.

    These are employer's choices. Legal choices.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • rogerdepena
    10-02 01:33 PM
    i'm sorry to hear that some july 2 filers ares till not getting receipt notices. anyway, here's mine:




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  • GCStatus
    09-16 05:34 PM
    Ok now.... Here is something interesting.

    Who said ? Lawsuits will not work. If you guys have any doubts ? Follow the links below, iam gonna paste. It will tell you how powerful lawsuits are in this country if you think you have been fooled over and over on false promises. This is especially true in the case of People whose priority date was current for a long time but still they were made to wait because of unknown reasons by USCIS while the folks who had priority dates as recent as 2006 walked with Green Cards. People especially who fall under this category are sure to succeed only by filing lawsuits. I dont see any other way out here.

    http://www.boston.com/news/nation/articles/2005/12/17/immigrants_are_suing_to_speed_up_citizenship/
    http://boards.immigration.com/showthread.php?t=194681

    Thanks
    MadhuVJ


    This is what i am talking about ! Good one, MadhuVJ




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  • dealsnet
    04-22 08:12 AM
    I am pasting his 3 remarkable postings. We can see his courage to face the destiny. He thinks about his family, and see them settle in a stable country before his end. He is saying good bye to IV readers on his last post.

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul

    Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.

    Though it is a big shock for me and my family, I have to get over it and think about their survival after me.

    My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"


    Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.

    Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.

    Thanks again for all you help. You guys really made us feel we are not alone.

    Good luck and Good Bye.

    Mehul

    The news is terrible...

    But I admire the courage he showed during his difficult times.

    I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.

    ArkBird, any ideas how we can help?




    hiUS
    09-03 10:26 AM
    My order so far is follows

    Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
    Aug 12 9PM - Email -> Card production ordered.
    Aug 15 - Email -> Approval notice sent (for ME)
    Aug 18 - Email -> Approval notice sent for Spouse
    Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.

    Still waiting for the actual cards to come.

    I am exactly in the same situation...Did you receive them by now?

    My Details:

    On 8/12/08, I saw the message "Approval Notice Sent" on USCS site for me and my wife. There was no sequence for us like Welcome Notice...Card Production ordered...Approval Notice....The first and only message was Approval notice sent.

    So,

    On 08/18/08 myself and my wife received the mail(post) of approval notice but we did not get the cards. Generally till now what I heard and saw in forums is....when we see the message "Approval notice sent" in the USCIS site, every body got their cards in a week after that message.

    But for us we got only notices saying that it is approved and the message on the Notice says

    "The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date time and location to appear.

    If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed below"

    Please do let me know if any body in the same situation and do we need to do any thing for it.




    logiclife
    05-23 02:35 AM
    Please email all your senators using the text in the quoted box below. Most websites have the contact form page where you can fill out the text box with the message. Copy-paste the message from below. Add a short description of your profession and the number of years you have been waiting for greencard. Dont add too much of your own story, and stick to the message below.

    You can add your own message like "My name is .... and I am from city, state. I have been waiting in queue for greencard for legal skilled immigration for X years. ".

    How to find senator's website:

    Find the 2 senators of your state first and then email these 10 important senators mentioned below. Go to www.senate.gov to find the website of each senators :

    Tip: If you have Google toolbar, then its very easy to autofill your name/address on the websites of senators below.

    Patrick J. Leahy http://leahy.senate.gov/contact.html
    Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
    Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
    Dianne Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
    John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
    Harry Reid http://reid.senate.gov/contact/email_form.cfm
    Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
    Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
    Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
    Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform


    How to find contact email/info:

    Most senators have "Contact me" or "Contact us" menu item. The would either have email address or mostly a web-form where you can fill out a form to send an email. Use that facility.

    What message to send:

    Dont forget to replace [your name] space at the bottom of email text with your real name.

    Put "Legal skilled immigrants to face more backlogs and delays" in the subject line of email. Some Senator's websites have a drop-down list to choose the issue you want to talk about.

    Then copy the message in the quote box below.


    Dear Senator:

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    Immigration Voice (www.immigrationvoice.org) represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of these half a million legal skilled immigrants is subverted by the bill in its current form.

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.

    Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.

    Thanks,
    [your name]



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