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  • potatoeater
    05-08 05:06 PM
    http://immigrationvoice.org/forum/showpost.php?p=333828&postcount=6

    Specifically the line..

    "In fact, I predict retrogression to U level in EB2-I also."

    And send me money if you want any more accurate predictions for the future. :)

    Looks like my calling is in astrology. :)





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  • priti8888
    10-08 08:34 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.


    Well said !





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  • reedandbamboo
    09-13 10:11 PM
    I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.

    Yes, It doesnt matter, we are going for it.

    Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.

    I will start with the letters and see what unfolds.





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  • maag
    05-30 09:40 PM
    I spent 5000$ + and all down the drain



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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.





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  • desi3933
    07-08 04:43 PM
    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US.

    Wow! Amazing!

    Please ask your attorney to quote this law when you file for H-1B extension, so that USCIS can not reject extension.

    This law applies to US resident only. Temp worker (yes, on H1/L1 status, one is Temp Worker from legal point of view) can not claim protection citing this law. Reason: your employment is subject to USCIS regulations. It says right there on your SSN.

    .



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  • manderson
    11-01 04:01 PM
    what happens if one changes job after 180 days but the I-140 has not been approved?


    cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.





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  • PresidentO
    02-26 01:12 PM
    Thanks Akhil for the write up

    You answered some of the stuff very nice.

    To the guy who is MAD,

    Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.

    It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.

    I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.

    Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.

    Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.

    It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.



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  • alisa
    09-14 02:29 PM
    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.

    I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
    I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
    All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.





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  • sunny1000
    07-08 08:08 PM
    The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.

    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    ------------------------------------------------------
    explainer: Answers to your questions about the news.
    Do Noncitizens Have Constitutional Rights?
    Chris Suellentrop
    Posted Thursday, Sept. 27, 2001, at 5:47 PM ET

    Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?

    Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)

    But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

    In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."

    Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").

    On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.

    Next question?

    Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
    -----------------------------------------------------------------



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  • pappu
    11-18 06:20 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..

    No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.

    Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.

    Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.





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  • sam_i02
    07-10 08:33 PM
    Just got back from Canada.
    All went smooth. Upon arrival at Toronto (Pearson) Airport, the Landing procedure was very smooth and pleasant. No questions asked about our business in the US at all and about how long we were going to be in Canada. We dealt with 4 different Canadian officials at various points in the landing process and all were very pleasant and easy going.

    We stayed in Canada for a week. Liked it. Did a lot of sightseeing and research all over Ontario. We will be going back in December to British Columbia to check that side of the country out and decide where we would live if we move to Canada.

    This afternoon (07/10) we flew back to the US. Once again we got no questions about our business in Canada. The US IO did ask how long we were there for.
    The AP processing took about 45 minutes and after that we hopped on the puddle-jumper and landed in Baltimore. The US IOs were actually the nicest i have seen (had not left the country since 2000) and i noticed that all the IOs were minorities (middle-eastern, Indian, pacific rim origins).

    Overall good trip + we have Canada in our back pocket in case there is no progress with our US GC in the next 12 months. I recommend others to do the same, our whole process took less than 2 years. Plus we did it on our own without any attorney. It is quite straightforward.



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  • coolman
    10-04 03:07 PM
    Applied on July 19th,NSC..no news yet..





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  • mita
    08-10 12:49 PM
    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?



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  • gdhiren
    07-11 10:15 AM
    http://www.ibnlive.com/news/immigrants-refused-green-cards-take-to-gandhigiri/44667-2.html

    Don't forget to watch the video.

    Ok, Already posted on the other thread but then why is this thread here?:)





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  • thomachan72
    02-01 12:59 PM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!
    I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
    Wondering how they would adjust to the tests, languages, discipline etc etc



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  • Saralayar
    08-25 09:03 PM
    Mailed I-485 on July 19th
    RD is July 20th
    ND is August 17th

    Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.

    Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?

    Thank you
    As it starts with Axxx, I think it should be Alien Number.





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  • watzgc
    08-25 07:34 PM
    Guys,

    I just got my H1B Extension approved (8th year extension).
    Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).

    -Googlegc

    GooglgeGC, which is ur processing center?





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  • satyasrd
    11-18 01:54 PM
    So sad ! No mention about legals. Do they even know we exist ?!?

    Thank you for contacting me regarding the DREAM Act, which I strongly support. I value your input on this important matter.

    We need a tough, smart and comprehensive approach to fix our broken immigration system. We must begin by securing our borders with investments in personnel, infrastructure and technology. We should require the undocumented in this country to register, pay a fine, learn English, and pass criminal background checks before allowing them the opportunity to become citizens.

    Our immigration system is broken, and it cannot be fixed by passing one piece of reform, even a good one like the DREAM Act. We should address immigration as a whole, and that is a primary goal of mine here in the Senate.

    As you may know, the DREAM Act, or Development, Relief, and Education for Alien Minors Act of 2009 (S. 729), introduced by Senator Richard Durbin of Illinois, would amend previous legislation to allow states to determine residency for higher education purposes. It also authorizes states to cancel the removal and adjust status of certain alien students who are long-term United States residents who entered the United States as children. However, minor aliens who are eligible must meet the following criteria: entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding enactment of this Act; is a person of good moral character; is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; at the time of application, has been admitted to an institution of higher education or has earned a high school or equivalent diploma; from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal; and was under age 35 on the date of this Act's enactment.

    Currently, the DREAM Act is under consideration by the Senate Judiciary Committee. While I am not a member of this committee, I will keep your concerns in mind if this issue is brought before the full Senate for consideration.

    For more information about my priorities as a U.S. Senator, I invite you to visit my website at Michael Bennet - United States Senator for Colorado : Home (http://bennet.senate.gov/). Again, thank you for contacting me.


    Sincerely,

    Michael Bennet
    United States Senator





    lutherpraveen
    10-16 09:25 AM
    Earlier only two of my I-485 checks were cashed, now all my checks (EAD, FP, AP, I-485) for my dependants and me got cashed.
    Will keep you guys updated on the progress.

    Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?

    I am planning to travel in November hence worried. If you know approx FP dates please let me know.





    amitjoey
    05-23 11:39 AM
    Hi,
    It took me a while since their lines are busy. I sent faxes to my local senators and to those:
    Patrick J. Leahy http://leahy.senate.gov/contact.html
    Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
    Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
    John Cornyn http://cornyn.senate.gov/index.asp?f...&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/in...TOKEN=66357958
    Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
    Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform

    I created a personal 1-page fax based on IV template and asked to include:
    1. More immigrant visas for those who are in the queue alredy(employment based)
    2. Asked for easy H1B 3-year extensions like in the present law
    3. Allow to file I485 without visa numbers
    4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.

    Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.

    Go IV go....

    Thanks for putting all the websites together.



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