Monday, June 20, 2011

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  • kopra
    05-02 09:43 AM
    yes...it would have been nice if we got the stimulus pakage with this situation of spouse on H4/ITIN. I called my congresswomen and wrote a letter to IL Senator(obama) to let her/him know this issue. I dont expect any action, but since they are aware of this situation, may be next time when they give this pakage( may be 10 years from now) they will include H4's


    Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.




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  • gondalguru
    07-11 02:19 PM
    "Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become �unavailable� beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."

    Question is how long will it stay 01Jan03?

    My PD is feb 03 :mad:

    Not too long hopefully. With new year quota it might move to Feb 03 very soon.




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  • maddipati1
    12-16 01:22 PM
    one of my close friend grew from a regular programmer to the position of VP in the span of last 6 years. he is facing lot of issues with GC.

    clearly mirage didn't mean growing to the position of exactly VP. he meant a higher and slightly different position, for example an IT Manager. It is not that uncommon, for a IT Progmr who works in the same company for 5-6 years, offered a Manager position.

    desi, this is argument is going nowhere, ur intentions in the begining are good and i welcome ur critique, but leave it when recepeints aren't taking it. it became argument just for the sake of supporting ur argument.





    BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.




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  • pappu
    08-12 11:40 AM
    All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
    I wish the Democrats lose big time and lose their hold from Senate and house.

    They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.



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  • 9years
    10-29 11:13 AM
    NO LUD on I-485 yet.

    Thanks.




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  • nk2006
    10-16 04:29 PM
    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: Ombudsman
    ======================
    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
    =======================

    ============================
    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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  • apb
    09-12 02:37 PM
    This is specifically for those people who have never contributed but feel like contributing but for some reason hesitate to pull the trigger. For all such people who start a monthly contribution of $50 and promise (not to me or anyone else but themselves) to keep contributing for at least the next 6 months, I am going to make a one-time contribution of $50 for every such person. I have a modest upper limit, which I will disclose after the first 10 new contributors.

    So people, Sept 18th is approaching fast and IV needs your contribution. Now is the time.

    The only requirement is that the member has never contributed before and starts a $50 dollar recurring contribution. For every two new contributors I will make a $100 one-time contribution. Moderators may verify my contribution.

    This is great thinking and wonderful initiative. It is a lesson how we all can be creative and help others motivate. It reminds of a story. There were two teams US and Japanese. They each were divided into two groups each and made to stand facing each other. There was a imaginary line drawn and the goal of each team is to convince their team members on the other side of the line to cross over. US Team were never able to convince their team members to cross over and move to other side.
    Japanese simply said to their team members on other side.. If you cross over we will also cross over.. and they won. As simple as it may sound here is a classic example shown by Milind. You rock Milind.
    And you make me feel proud in being associated with you in this struggle for our cause.
    I am also in the drive for funds with my indifferent colleagues. See you in DC.




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  • ocpmachine
    03-05 09:52 PM
    My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.

    My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.

    This makes me think that, USCIS is probably pulling all the cases systematically based on PD.



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  • sunny1000
    04-30 04:18 PM
    Yahi hai Umrika ke USCIS ke officer ka Tashan!

    and in English that means what?




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  • ragz4u
    03-08 01:13 PM
    Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration

    Senator Coburn is asking for an amendment (#06175) expedited removal of Illegal aliens

    Senator Kyl wants some barrier in certain cities of Arizona



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  • nojoke
    09-05 07:05 PM
    There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.

    I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.

    Is is sad. All these NRIs are going to learn a very valuable lesson. Speculation is not a good strategy for investing. A lot learned that in the past few months here in USA. In a year we will be seeing the full blown post bubble correction in India. If one can rent an apartment for 15,000 why would one buy it for 50 lakhs. The interest alone on 50 lakhs is 50,000 every month. It is like buy and rent it and loose money. Instead why don't they deposit in a bank and get 50,000 every month:confused:




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  • husker
    07-18 01:26 PM
    Following a one time contribution I signed up for $20 re-occurring (Jan 2007). I have discontinued that to go to $50 now! I think if anyone wants to THANK and appreciate the work all IV volunteers did, they should be do so by paying. No thank you cards no flowers....just reoccurring contribution!



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  • she81
    07-24 07:00 PM
    I am planning to call PBEC for my case. My recruitment was completed early this month but the lawyers haven't received a recruitment report instruction letter. I want to request them to at least send the letter since everything else is ready. Did anyone have any luck calling on their own? Or do they only want to speak with employer/attorney?

    Although, filing 485 now doesn't seem possible in this narrow time frame... still want to give it a last shot.

    Very much appreciate a response from someone.

    Any advice? Anything at all?




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  • satyasaich
    07-14 02:24 PM
    Dear IVians

    Please make it happen. Just $5 will never hurt anybody's economy / budget.
    I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50

    Suport IV

    Satya



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  • hopefullegalimmigrant
    12-27 09:14 AM
    Looks like in majority end july through August are pending the receipt of AP not to say some of the guys have still got it but they are from various service centers. Very inconstent. This is a document that has no accountability to be completed by X amount of time but we have all paid fees for it. Come vacation time and no AP, we will have to make the trip without the document. Its not that one decides to go to vacation every month. This is a losing deal for us. How do we address this delay? Infopass does not help I was told unless you decide to lie wholesale.




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  • mirage
    01-03 02:56 PM
    I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.



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  • ashutrip
    06-22 11:18 AM
    Nothing so far. I keep checking the status of my application every day but its still "In Process"
    what is your PD?




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  • de2002
    02-27 12:09 PM
    Dreams are always dreams,no reality!!!. As like our fellow member says,if there is any visibility of visa date movement,I would be happy/////




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  • gcformeornot
    05-28 08:05 AM
    please contribute




    kvranand
    01-14 01:16 PM
    Recieved an e-mail from USCIS that our (family) AP's are approved.
    RD 08-13-07 (NSC)
    ND 09-19-07
    AP 01-11-08 (4~5 processing time!!)

    I believe this info is helpful for those who are waiting.




    dummgelauft
    06-11 09:43 AM
    I would say fight back against the indirect discrimination against the Indian and Chinese nationals in the employment-based immigration.

    If they want us to leave..then so be it..but they should say so directly. All India and Chinese EB immigrants please leave USA. Until that comes out of the US government directly, we can not be forced out through indirect policies.

    Here are a few things you can do:

    1) Withdraw all the $ you deposited in US banks from savings, checking, CDs and other investment accounts and setup an NRE account with an indian bank and move funds over. If you need you can bring back those funds in a day or two. Leave only bare minimum for your expenses in US banks. This would have an impact of ~$50K X 100K effect.

    2) Do not leave the country just because the hopes of greencard are controlled, sqeeze out every $ from your jobs and economy as long as you are here.

    3) Spend minimum and buy swadeshi when possible. Lets not give back even 10% of the income we make back into the economy. This is an economic blockade.

    USCIS and US government has long harassed Indians in the name of greencard for a longtime and year after year we hear the same BS. Come on people, show some self-respect and fight back.

    4) Those who are in foreclosure, stop paying your mortgage, your home is going to get foreclosed anyway.

    5) Despite all this...those who still decide to leave to India, max out all your credit cards, leave your car in airport and abandon your home/apt without paying rent/mortgage for the few months before you leave.

    TAKE all you can from your hard-lived and harassed lives out of this place before you do decide to move.

    I am not keeping more than 5K in any of my US banks starting today. I am also pulling back from my mortgage application for 300K condo. I am determined to sell-off my investments in equities here and begin investing in BSE.

    That is the least I could do to peacefully protest against the discrimination against me and my country people.

    True to your handle, your ideas if implemented, can turn the tide (or move the mountain) as Sri Hanuman did!!
    BUT, amigo, seriously, don't you think we, Indians as a community, are the biggest sell-outs. Only somebody with the caliber of Subhash Chandra Bose can bring us together



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