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Wednesday, June 29, 2011

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  • pappu
    08-21 12:38 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........

    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.





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  • tnite
    01-03 10:25 AM
    Not sure I understand this line
    >>
    If things continue this bad, am planning to use my AP to travel back to the US.
    >>
    How can you come back to US w/out passport?

    VO doesnt keep your passport if a via not issued at the time of the interview . He gives it back after the interview. Once you receive the email , you have to go the VFS office and then had in the passport.





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  • smisachu
    07-09 11:15 PM
    We have no doubt that India is Great...Can't you see in this Gandhigiri that we are doing!! Show me any other country on earth that is using something that is more than 70 years old!!We are here(in US) to acheive some goal..higher than GC..but GC is an essential step in acheiving this..That's it..
    By the same tokes as you say, if Gandhi did not start Quit India movement citing that his efforts for the past 25 years have not suceeded so there is no chance now...British would not have left in 1947

    What we are protesting is the unnecessary turmoil that USCIS put us through..as you said we cannot force things in US like in India, so we have not called for a Bundh, we don't plan to burn anything or pelt stones...Just a peaceful message..that don't waste our money and effort due to your inability to communicate among yourselves..

    As far as your theory that PD2005/2006/2007 should wait..what do you have to say to me..

    1999-Came to US to study MS
    2001-Started working
    2002-EB2
    2003-Joined MBA
    2004-Employer shut down and off went my EB2 2002 before I got my Labor
    2005-EB2
    2006-I140
    2007-I-485 filed in July?????

    Have I satisfied the criteria for FIFO according to you???


    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





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  • gkattalu
    08-19 10:36 PM
    same here Buddy, i was told that cases assigned to officer on Aug 3 and pre-adjudicated.(NSC)
    havnt heard back eversince. got standard reply to SR:
    "Your I-485 case as August 12, 2010 is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter."

    I am in the same situation. I share your pain.

    I think the scientific community should stop their search for a black hole. Considering the difficulty in extracting the least bit of information from the USCIS, they will beat any black hole hands down. :-)



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  • axyl
    05-17 10:02 PM
    Does it matter if I file in last week of June vs. first week of June?





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  • shirish
    08-14 03:27 PM
    Sorry for using this thread, i was not sure where to post this mesage and did not want to start a new thread.

    I just learnt from my lawyer that he submitted my I-485 aplication one day before my medical reports reached him. Basically he filed with out the medical reports. Will USCIS reject my aplication?He is saying it is allowed?



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  • drona
    07-10 12:04 AM
    The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!

    http://blogs.ilw.com/gregsiskind/





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  • Alabaman
    01-05 10:16 AM
    If you want to make changes in the existing law, we have to do far more than a letter campaign. In the coming months, there maybe opportunities where we can try provisions and bills as we see any progress on immigration reform initiatives. Lobbying effort for big changes will have to be huge.

    The most important work we can do at this time is to increase our numbers. We must get as many high skilled immigrants on H1B, EAD, F1, J1, H4 etc visas under Immigration voice. Once we have good support, we can try to work on various projects that helps everyone. We must try to spread the word about immigrationvoice on various forums, websites, communities etc and seek everyone's participation.

    Why are we not on Facebook? Or are we there??



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  • go_getter007
    01-24 11:55 AM
    Milind123, I can certainly understand your frustration but kudos to you for making your post humorous at several points amidst your painful experience. I especially liked your closing remark about Koh-i-Noor - I'm with you. :D

    Come to think of it, even the country where we are right now (i.e., the US) isn't much different not only in terms of lengthy forms and queues (outside of consulates) but also on making our lives a little more than hard by denying driver's licenses, delaying permanent residence perpetually etc. On top of these issues, apparent hate crimes against Indians at LSU and then at Duke would certainly make a lot of parents a little nervous before sending their kids for higher education here.

    GG_007





    I had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

    I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

    Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

    It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

    I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

    I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.





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  • SunnySurya
    08-07 10:04 AM
    Good question:
    The idea here is to prevent people in EB3 line to come in EB2 line. If you are already in EB2 line your are not affected. If you have masters you should be able to port.
    I have a small doubt here. I'm still trying to understand this porting business. Why is that those who have already applied in EB2/Masters will not be affected?

    If people with earlier PD port to EB2, it will make my processing longer, no? (IFF my PD is later than theirs')

    I'm not for or against this action of yours, but just curious about your assertion. Please let me know.



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  • mohican
    01-13 04:01 PM
    I assume others have got this too...please share next steps. I assume MTR is one of them. I have attached the jpeg file.

    What happens after sending letters to the ombudsman?
    Is it necessary to have MTR before sending to ombudsman?

    Mohican





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  • yash04
    07-11 01:46 PM
    yohooo....:)



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  • dudenj
    09-28 08:14 AM
    Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.

    Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.

    Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.


    My details Filed at NCS @ 9:01 am received by R.Mickels





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  • vinicola78
    11-06 02:58 PM
    I sure hope that it is not a denial. In any case, I am preparing for the worst and trying to save some money to pay the lawyers for an MTR...



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  • rajpatelemail
    01-06 10:04 AM
    NKR .. you know what it is all about..

    Looks like all these guys are newbies and do not know the process.
    People who stayed long time or having awareness know the GC/citizenship
    process.


    I do not say we can not do anything. But has to be a bit practical & plausible.





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  • nkavjs
    09-25 01:26 PM
    on my i-140 I have A#



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  • i99
    09-24 12:04 PM
    Your attorney HAS to reply to your inquiries. It is stated in every State's BAR website. Otherwise, you have right to make a complaint that stays with the BAR records forever. BAR has to publish it to anyone who asks for information about that attorney. Attorneys do not want that.

    We were in a similar situation. We sent an e-mail and left a voicemail saying something like: "In our point of view, a reasonable time for you to reply to our inquiries is 3 business days. If you do not call us and let us know another reasonable period of time for a reply period immediately, we will assume that you will reply to our inquiries and/or let us know the information about our case coming from USCIS in three days".

    I guess we are learning this country's ways.

    This worked very well ;

    Our case:

    i99 - I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN








    Atleast your lawyer replies to you:) Our lawyer stopped replying to our e-mails since after mailing the AOS package in July. They don't even entertain phone calls.





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  • skrish
    09-09 12:09 PM
    what should we be saying. it might be better if all of us conveys the same forceful message detailing all the points





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  • immigrationvoice1
    03-24 01:48 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.





    mohican
    01-15 09:31 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




    Quote:
    Originally Posted by rajuseattle View Post
    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.
    Edit/Delete Message





    mihird
    06-29 08:45 PM
    I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no carreer life", "no nothing life".

    Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).

    If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...

    To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....

    On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...



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