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  • kate123
    02-25 01:53 PM
    desi3933,
    I completely agree what you said and what is interpreted in the law.
    BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.

    If you see my earlier post, author has clearly mentioned that "USCIS does not have to define "immediate availability" strictly on the cut-off dates listed in the Visa Bulletin."
    Please refer paragraph 8 from:
    http://www.ilw.com/articles/2009,0225-endelman.shtm

    Well, again its up to CIS how they interpret the law... Atleast if we request them to allow pre filing they might go easy on this and allow us to file for AOS.

    Thanks a lot
    -Kiran :)




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

    Explanation - At the time when the application (i.e. I-485) is filed by applicant, an immigrant visa is immediately available (i.e. PD is current).

    If you still have doubt, talk to your attorney and post here what he/she told you.

    Have a good day!

    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • mohican
    01-15 09:16 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 The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable.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.




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I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.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




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  • amsgc
    05-13 11:43 PM
    Is anyone here in SAP? If so, I would really appreciate some help. Please PM me. Thx.

    What sort of help are you looking for? Please elaborate so that someone can help you.
    Thanks.




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  • andy garcia
    02-07 01:51 PM
    23800 more to go

    If you extend the deadline anymore, you should change the name to either
    The Honorable Barack Obama :mad::mad: or
    The Honorable Hillary Clinton :mad::mad:



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  • rimzhim
    02-12 11:32 AM
    Simple and yet we have not acted purposefully. I have a strong feeling that this visa grab is still going on. HLG has sent out another immigration alert to all registered emails, similar to one posted on Feb 9, 2007. . And I quote a bit

    Stopping this 'unused visa grab' for only one section of retrogressed and demanding it for all retrogressed is a sure WIN for us, if it happens; if it is stopped, it will make a tectonic shift the focus to the whole gamut of issues of retrogression, backlogs etc and will put more pressure on Congress to act.

    I have seen and read all the posts in this thread started by me. I appreciate all points and posts, particularly by core team.

    The least we can do is write and fax to Congress and demand. The IV team should set up a fax, so that each of us here can protest these moves by Congress without considering other severely backlogged applications. For this I propose a simple message.

    Next one/two days are crucial. Let's make a difference.

    Note:
    1) In the above, I am trying to be focused, addressing one issue at a time. Backlogs, Slowness, Finger Prints are also other genuine issues. Let us stop the greedy stealing by HLG and their ilk.
    2) If for whatever reason IV will not come up with a web fax, a few of us must act individually and let the congressmen and senators know of our protest. I had faxed to a few Congressmen and Senators, from the fax machine at my workplace. Believe me, these types of protests have worked in the past.
    nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.




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  • awenger
    08-21 06:28 PM
    I am not sure if it is only me.....but many times I see strangers wishing me or each other morning, evening...."how u doing" ,,,etc....

    but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)

    maybe it is a culture thing for us not to greet strangers ?


    PS - I have had my share of experience where non-Indians are also sometime rude me to me .....

    This is from Justin Webb -- BBC's long-time Washington Bureau Chief:
    Now back in the UK I find myself utterly at sea - I say hello to people I pass in the street. They lunge on, muttering insults. We'll get used to it.

    url: BBC - Justin Webb's America: Time to say goodbye (http://www.bbc.co.uk/blogs/thereporters/justinwebb/2009/08/time_to_say_goodbye.html)



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  • delhirocks
    07-18 06:19 PM
    These are really sad set of circumstances. My heart goes out to you. If it is of any consolation, once your 140 is aprooved, you would be able to file for 485 (hopefully in Oct-07) and with a PD of 2002, you should get your GC before most of us..good luck..


    I applied for my labor during sept 2002.Just before my labor getting cleared, they started this BEC 's and sent my application to PBEC and it it was cleared during 2006 April.( after 3 and 1/2 years)

    During this period I got one year of extension for my H1B and sent papers to the attorney for I-140.That stupid attorney did not file my I-140 for the next 4 months just like that.( god only knows what happened bw, my employer and attorney). and at last we changed the attorney and applied for I-140 during 2006 November. and during 2007 Feb I put my I-140 for premium processing.

    Before I get RFE for the premium processing , the USCIS mistook my employer name with other employer and denied my I-140.And again After the attorney clarified them about the RFE , they Put my I-140 into Abeyance state. That means I can not File for I-485 because my I-140 is not in pending state and I can not apply for I-140 again becuase I-140 is not in denied state.

    And for the past 3 months My I-140 is in neither pending , nor Denied state and my attorney does not even answer for the question whether I can Apply for the H1B extension.

    all these years I am very patient , but once the dates are current , I am lieing , If I say that I am not jealous of those who is able to apply for I-485 , who came to USA in Jan 2007.




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  • dotnetguru
    06-26 12:00 PM
    Mirage..you are absolutely right...i paid 765$ as per old fees for I485,EAD,AP. the new fees for I485 is 1010$ and EAD,AP can be concurrently filed with no fees.also, since I485 is filed with new fees there will be no fees for renewals.so, basically 1010$ one time fee with the new fees structure and 765$+645$(EAD+AP) with every renewal every year.(if it becomes 2 years then for every 2 years).i wish i had paid thru new fees.this is completely unfair and big BS......
    my 10 cents to this discussion.



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  • ArkBird
    06-15 11:07 PM
    Thanks AskBird, My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?

    If your employer is willing and able to do it, why not? You have nothing to lose!




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  • snathan
    07-22 11:00 AM
    Mate if you are an Indian there is no place in India where you can avoid Hindi. Hindi is our national language and that does not make it optional for you to speak or understand.

    Not really. Every has the freedom to chose what they like or not. Exactly because of these rude attitude of Hindi People I never speak hindi.



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  • thomachan72
    09-29 01:24 PM
    Thomachan,
    We need more people on this forum and in the world like you!!

    Very humorous insight and practical perspective.

    Thanks for the compliment bondgoli. Being a person who has slept in the airport (floor) on quite a few occasions I have realized that people still somehow think that they are paying "big money" and so need good treatment. That is no longer true. The competition among providers has lead to their own (and ofcourse ours) decline. My kid always makes sure the nintendo ds and a few novels are packed up anytime the sentence "we will have to fly" is pronounced. Now we also pack up a few extra bed sheets and I am an expert now to spot the warm areas to sleep. We also keep turn watchin over the stuff when the rest sleep (ofcourse on the floor). And yes, we dont hold any hatred against the airline employee because they are "nothing" and can "do nothing". So friends if you see an Indian family sleeping in any airport dont hesitate to come and say Hi.




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  • ak27
    12-01 08:57 AM
    You are right about utilizing this time to increase skill portfolio. I have done it and many folks like us may doing it. But, it does not help in improving our situations because we are tied to our current jobs and employers which inhibits us from taking advantage of additional educations and skills.. However, people waiting for GC and are in last leg of GC journey should certainly consider it.



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  • pappu
    05-27 12:35 PM
    Dear Members,

    We are working hard to assist our members coming to DC for the advocacy days. Many members have been helped by local DC members by providing accommodation in their homes.

    We are trying very hard to manage the high expense of this event ranging from booking a conference room in a hotel near Capitol hill, printing and buying bulk media drives for each meeting, organizing a press event to Congressional reception expenses. Our budget is $50 thousand dollars for the entire event and we are struggling to meet this goal. Our minimum budget for these events is 50K budget. At this time we have received around $7,500 dollars as contribution from IV members, and we wholeheartedly Thank every who has contributed. But we need everyone to step up to the plate and do their fare share. We have a tough road ahead and we need every one to help for their ow cause. In the past IV Team had spent their personal resources to get the effort going and have our voices heard. We are all working hard to organize these events despite some of the core members already getting their Green card holders. It is now up to each member how valuable they view this effort and can stand up for themselves. Each one of us is participating this effort for own self rather than doing any favor to others or to IV. Please donate generously for this event so that we can make it a success..
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html


    Travel:
    Some members have approached us seeking help in their tickets. We are not in a position to pay for travel or arrange buses for anyone. We would like to help them by starting this thread and urging other members to donate their skymiles to others that are coming.

    Please post on this thread if you are willing to donate your skymiles. An IV representative will keep a tab on all skymiles and connect both the donor and recipient after verifying that the recipient will be coming to Dc and using these skymiles only for the advocacy days for himself.

    We have a member from a state where we do not have many members and needs American Airlines miles. He would need more than 1 lakh miles. There are a few more in our list.

    Carpool:
    If you are driving to DC, please post so that others can carpool with you.


    Accommodation in DC

    IV urges local DC members to volunteer and provide accommodation to guest members from other states in their homes. Please post on this thread if you would like to open your homes for other IV friends.




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  • sushilup
    06-30 12:22 PM
    Dhundhun,

    You have written nice procedure for efiling.

    Do you happen to anything similar thread or resource for paper filing.

    I am confused on address fro mailing....
    I live in PA and 485 pending at Nebraska...whereas EAD was issued last time from California...

    Thank you.

    Sushil



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  • gsc999
    06-30 12:39 AM
    This is an interesting development. It will create a clear division among supporters of CIR. It is so enticing to say,"who cares about CIR if we have SKIL" from our perspective. Hopefully this is a sincere effort not just some political posturing.
    We will find out.

    Please see this post by wolfpok

    from wsj online, washington wire:

    June 28, 2006, 4:57 pm
    Skilled Bill

    In a move that high-tech groups predict could break the impasse over immigration legislation, Arizona’s John Shadegg, a member of the House leadership, says he’ll introduce legislation to increase visas and citizenship opportunities for skilled workers.

    The bill mirrors a Senate Republican-sponsored bill and would more than double the number of temporary visas and permanent green cards available to skilled workers each year. The bill also would make it easier for U.S.-educated foreign nationals to stay here after graduation and work in their field of study.

    The measure is the first time Republican conservatives in the House have endorsed any immigration bill that didn’t deal solely with border enforcement. A Shadegg spokesman said some House members also favor passing a measure that makes more visas available to agriculture workers. He predicted that action could begin on both measures after Congress comes back from its summer recess — and after a long string of House immigration hearings has run its course.

    That still leaves out a guest-worker program and some plan for dealing with illegal immigrants already here, but would inch the House closer to a Senate immigration-overhaul bill.

    Judiciary Committee Chairman James Sensenbrenner (R., Wis.) has insisted he won’t permit any immigration bill to pass until border enforcement is tightened. If a measure that eases visa backlogs for highly skilled workers has to go through his committee, “that could be a problem,” says a Shadegg spokesman.

    But high-tech groups say the bill shines attention on their need for skilled workers, and on what they call the dangers to U.S. competitiveness if more visas aren’t made available. “It lets us talk about our issue,” says the National Association of Manufacturers’s Sandra Boyd. –June Kronholz




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  • H4_losing_hope
    02-09 05:45 PM
    Thanks for you support on Immigration Portal. There were some good convincing words spoken from you and some other good people. Goodness will prevail :)



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  • chanduv23
    02-07 01:56 PM
    I have mailed 17 more individual signed letters to WH address this afternoon and copy of these 17 signed letters in one envelope to IV address. Good to see new date. I will continue to get as many as I can before this new date.

    Collected 11 signatures during NJ trip and I guess these will go into NJ account..and 6 signatures from FL [11(NJ)+07(FL)=17]

    Arvind

    Well as it is u who collected these - they go into ur account - congrats. They are your effort




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  • gc_on_demand
    06-26 08:21 AM
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  • eb3_nepa
    04-27 02:12 PM
    Can we mail checks to the address:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    now?

    There was a time when we stopped accepting checks then we started to accept them again, so not sure what state we are in currently.




    Michael chertoff
    03-27 05:46 PM
    Dear All,

    All the infigting and ranting we do, only creates a lot of negative energy and negative vibrations. People will continue to do what is right for them and normally try to be in the right side of the law. There is no point discussing about this.

    Let us all be clear that within the next year, despite the spillover, both EB2 and EB3 will get absolutley clogged - I expect EB2 and EB3 nos to become more or less equal and clogged. This situation is not going to benefit anyone.

    The only possible thing is to try sincerely for some legislative relief, unitedly. Everyone knows that it is like moving a mountain. I spoke to many friends about IV efforts and tried my best sincerely to raise money for advocacy. It was a futile exercise. I felt so sad to realize that everyone I spoke to, was cynical and said that nothing would work out in our favour. Under such circumstances, it is essential that the very few who are committed to work stay united and sincerely try! For most of us with grown up children, this is the only way! Like it or not!

    Why cannot all of us atleast make a small contribution for the advocacy? What is the problem?

    Again, as a person who is seriously stuck in this mess with children on the verge of completing high school, I have very little options left. Most of the good colleges are NOT willing to consider "aliens" like us eligible for instate (local) tuition. Did anyone think of this? All of us will have to pay international fees! Who can pay $ 50000 per annum? Under the circumstances, please note that many of us will have to return to India or atleast move our families! I wrote a letter to my Senator about this and I got a response saying that he cannot do anything about it. Please think about all the consequences before wasting time on endless EB2 - EB3 fights!

    I also want to repeat what I had said a few months back. No immigration system that is not time bound is fair or transparent. With all the sincerity at my command (I have nothing to gain in the process) I would request youngsters in their early and mid 30s to seriously consider options in other "First World" countries which have time bound immigration programmes for highly qualified immigrants. It is an endless wait here.Do you want to spend the next 10+ staring at the visa bulletin very month? . I do not want my junior countrymen to commit the mistake of sinking in this quagmire. With due respect to all the hard work of gurus like Teddy and others, I still feel that it would take about 12 - 15 years for anyone of us waiting beyond Jan 2007 (though I do not wish for it). What would be the state of the economy then? Any thoughts?

    High time we stay focused and use this forum in a positive way!

    May the SUPREME POWER bless the Indian EB community!

    What is the guarantee that spillover will happen. I agree with your post. we all are stuck in this mess. sometimes i feel that , Coming to USA was a bad decision for me.. now its too late after spending 10+ years here.

    MC




    Jaime
    09-04 02:55 PM
    If Jaime is the good cop, I am the bad cop :)

    Good, bad, ugly, pretty all come to the rally!



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