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  • Dhundhun
    06-28 11:17 PM
    Gurus,

    We have applied for 485 for four of our family members. Myself (Primary) and two kids got the welcome email on 06/25 and RFE email for my spouse application on 6/26. Haven't recvd any documents in mail to know the reason, but my questions to Gurus is

    - How long will it take to get Card Ordered email after Welcome email. We havent recvd the welcome package in mail yet.

    - Is there any relation between not getting Card Ordered email and RFE on my sopuse application.

    - What could be the potential reason for RFE on my Spouse Application.

    Thanks in advance.

    EB2, PD:Jan'2004, July 2 Filer.

    2 Weeks to 6 weeks.
    RFE could be missing medical for example.
    Usually, it does not stop other members getting GC.





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  • lazycis
    12-21 06:14 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:

    If you did not work because your H1-B petitioning employer did not provide a work for you, that's not your fault. Employer should be penalized for it, not you.

    Also, read 8 USC 1255(k)
    (k) Inapplicability of certain provisions for certain employment-based immigrants
    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if�
    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.



    Translation: if you did not violate status after your last entry before filing I-485, you are good to go. Have a happy holidays! :D





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  • thomachan72
    07-05 02:45 PM
    Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.





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  • NKR
    03-16 09:25 PM
    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????

    It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.



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  • h1-b forever
    01-24 09:16 AM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    GK,

    I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

    Cheers,
    Rayoflight

    Did anything come of this plan? Is this doable?





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  • krishnam70
    02-19 08:26 AM
    1 - It will grant GC to people with > 5 years in US
    2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

    Please add your views about this bill, how it might be improved and its chances of becoming a law.


    P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.

    There is already a thread open by DVB on this forum. Can you please check if there is a thread open already before you open a new one. Just a suggestion so the observations of the members are all consolidated in one thread rather than spread over.

    cheers
    kris



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  • santb1975
    12-20 07:14 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice





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  • sathyaraj
    03-06 10:54 PM
    Hi All:
    I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.

    There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.

    Please provide me with your experience and the inputs from your attorney.

    I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.


    Regards
    SathyaRaj



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  • vicky007
    04-26 02:50 PM
    Guys,

    I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
    President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.

    Regards.





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  • paskal
    01-28 11:34 AM
    i hear a lot of complaints from you and i do understand your frustration.
    i also seem to realize that you want a lot and are holding on to anything you might give in return.
    work like lobbying is done in the background- and you seem to know that. it is not the time to send web faxes. last time an update came there was a war here, and there has been an iv newsletter in the new year. unnecessary information provided publicly can backfire on us in the worst way possible. incidentally you are further wrong- lawmaker contacts are taking place and updates are being given- in the state chapters. repeatedly, members have been begged top join a state chapter, or if one does not exist, to help start it. have you joined one? i humbly suggest you do. you may see a lot more action there- and maybe actually do something, rather than constantly whining here that no one is updating you. in our state chapter teleconference an iv core member updated us. subsequently another core member has posted mails on the group with advice and suggestions and resources.
    i hate writing posts like this or even responding to posts like this. please understand that people like me who are trying to get things moving are as frustrated as you are, because we can't get enough support.
    we are not iv core. and they have full time jobs and families. still, they are traveling, contacting lawmakers, helping and updating state chapters and coordinating with lobbyists and friendly organizations, getting prepared for upcoming legislative action.
    if your $20 is dependent on their making more time for you, WITHOUT you making any time for iv except to complain, then maybe it's best in your pocket. you seem to forget, and i have said this before, it's not iv as an organization that will derive any benefit from the money- it is YOU and ME and EVERY OTHER PERSON STUCK IN RETROGRESSION.
    so please help yourself. this is not a free lunch. if your money is so valuable, make time. but do something- add members - and then, your complaints will begin to have some legitimacy in other's eyes. if you are doing all these things already, i apologize- but i doubt it- you would be complaining less once you understood how hard it really is to move people off their butts.
    enough said and thanks for reading.



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  • needhelp!
    09-26 12:31 PM
    What paragraph ? what is the update in the CNN link ? i don't see any, every where its h1B..can somebody pl. help..

    Original text:

    "Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
    The demonstrators said that potential employees-who are needed in growing fields such as engineering and software development-are being shut out because of a lack of H-1B visas. "


    Updated text:

    Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say.
    But I agree with you that everywhere it is H1, so it is hard to notice that rally was NOT about H1.





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  • amsgc
    07-02 09:36 PM
    Regarding your argument on fairness:

    On the contrary, under the current system immigrants from all nations do not have an equal opportunity to apply for a green card. Immigrants from the retrogressed countries are at an unfair disadvantage.

    It is easy to see: A guy from ROW and a guy from India both are equally qualified engineers who have a EB2 PD of Jan 2008. The guy from ROW can apply to adjust status now, but the guy from India cannot apply until five years from now. That doesn't tell me that both immigrants have an equal opportunity.

    Both immigrants would have had an equal opportunity if both could apply for GC at the same time. Once you have entered the country, have been gainfully employed, and your immigrant petition has been approved, how does it matter whether you came from India, china or Timbuktu? Your employer needs you for your skills, not your place of birth. Do you resolve your day to day office problems with your birth certificate pasted to your forehead?

    Regarding your argument on diversity:

    You need to understand that the country cap (set up 50 years ago) was NOT set up to give all countries an equal shot at sending EB immigrants to the US. The cap was based and an already existing xenophobic tendency (formally expressed way back in 1924) and the desire to retain the cultural and racial character of the US of '65. They would do fine with only handful of you if you didn't eat, drink, talk, walk and look like them.

    Now, you need to understand another important point - The world has changed by leaps and bounds in the last fifty years, all made possible by advances in technology and a conscientious effort by governments to educate their people. As a result there are highly skilled people all over the world, who bring their own unique character and experience to the work place. And things have changed dramatically in the US too. Among other things, the US has become more accommodating to people of different cultural identities. Economically, the US is in need of more high skilled people than ever before. This is an irreversible trend, where the US of today is more interested in who you are and what you bring to the table than what you look like. If a few thousand Indians or Chinese are given the green card, based on their SKLLS, it will not alter the racial and cultural character of 300000000 Americans (that's 300 followed by six zeros). Rather it will only make it richer.

    Usually politicians work in reactionary mode – they will espouse an idea once it is obvious that they can’t do without it. The fact that discussion to remove country caps in EB has come up in the congress means that the American people have already written it off as an absurd idea.

    The law will change, whether you like it or not.

    Read here and get yourself some education:

    http://en.wikipedia.org/wiki/Immigration_Act_of_1924
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952
    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Services_Act_of_1965


    Regarding the agenda:

    The agenda of this organization is pretty darn obvious if you care to go through the home page. The idea is to get as close as possible to a system of immigration that appropriately addresses the needs of the US economy and is fair to both Peter and Paul. A system which gives out a green card in a timely fashion, based on skills, job requirements, and the time when the process was started. We need to advocate a change because the current system says to Paul "screw you" and rewards Peter.





    I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!



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  • dish
    07-02 09:59 AM
    Is Green Card numbers allocated beginning of every quarter. USCIS Fiscal year runs from october 1st to sept 30th.So for July being the start 4th quarter of the FY 07 shouldn't USCIS be allocating visa numbers in JULY. They cannot use up all the visa numbers for the FY 07 before july, Am I right ?

    Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.





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  • rajmehrotra
    09-11 10:56 AM
    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."



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  • StarSun
    02-21 11:39 AM
    We need members to donate a lot of airmiles!

    Please contact vin13 if you want to donate miles or want to use the miles for the DC advocacy event. You have to be registered for the event.

    Please contact sukhwinderd 2011carpool@gmail.com for the car pool options. We need members from states within driving distance to DC to make it for the event on both days.

    Members please come forward with your donations NOW as it will members who plan to come to DC to use the miles, carpool options. Any delay will cause members to back away from attending the event.

    This has to be a collective effort. Members call for action, - here is your chance to help be a part of it.





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  • dontcareanymore
    12-12 03:48 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    TRUE . I wish they review even approved EB2s (not just ported , but all) and deny them if they are not legitimate or "genuine" in your speak. I also wish they compare the job duties of all these EB2s with others and even perform on-site checks. Then all ORIGINAL and GENUINE EB2s can get the GC.



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  • crystal
    07-02 10:00 AM
    Currently Active Users: 1800 (489 members and 1311 guests)
    Most users ever online was 1,801, Today at 09:58 AM.





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  • arunmohan
    06-06 05:22 PM
    Enjoy your green life. We don't know when we will see approval for EB3 India.





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  • anurakt
    01-16 07:11 AM
    Ok . I too signed up for $100 monthly

    20$ : 200 to go.
    50$ : 100 to go
    100$ : 18 to go.

    let's keep the count going forward.





    jcmenon
    07-24 10:54 AM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.





    sanju
    04-04 03:30 PM
    Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?


    Your posts seem to suggest that because we (collectively all of us on the forum) have not yet agreed to a �meaningful reform� of H-1b,that has prevented fixes to the green card process? Is that what has truly delayed fixing the current green card backlog?

    Secondly, we do not have to choose between the one and the other i.e. we do not have to choose between supporting Durbin-Grassley bill and delay with the green card. Do you think that supporting Durbin-Grassley bill that contains absolutely nothing to fix green card delays will somehow speed up the green card process?

    We (all of us when calling lawmakers) HAVE to differentiate between increase/decrease in H-1b and green card delays. H-1b is not our issue and we will be better of staying as far away from that issue as possible. If we have to call, then we should call in to support a bill that has our provisions, rather than a bill that has nothing for us or maybe stuff that would hurt us.



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