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  • eb_retrogession
    02-24 02:13 PM
    Draft Text of the Comprehensive Immigration Reform Act of 2006 (Chairman Specter�s Mark)


    http://www.aila.org/content/default.aspx?docid=18639

    From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.





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    08-21 09:51 AM
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  • ski_dude12
    09-27 04:35 PM
    I received the cards today. However, the "Resident Since" date is some date in 2008 instead of 09/20/10 (date when I-485 was approved).

    I was told by USCIS customer service to fill out form I-90 and mail it to them for a replacement.

    I needed clarification on a cryptic question on the form-

    Under Part 3 (Processing information)-
    3: City of residence where you applied for an immigrant visa or adjustment of status

    The I-90 instructions has this - "City of residence where you applied for an immigrant visa or adjustment of status - List the location of the U.S. Embassy or consulate or USCIS office where you filed your application for an immigrant visa or adjustment of status"

    So does this mean it is the service center I applied to during the 2007 fiasco? or where I lived when I-485 was filed? The question is cryptic but the help in the I-90 instructions looks clear.

    Any one had this issue before? They do have an option on the form for USCIS error for which I do not need to pay any processing fees...





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  • andy garcia
    06-15 01:55 PM
    No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.

    If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.

    If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.

    You are correct. When I filed on 2005 I did not apply for either AP or EAD. My H1 was valid until May 2007 and I do not intend to change jobs or travel(my country is too dangerous :mad: ).
    I am already 55 :rolleyes: and am not going anywhere.
    In January 2007 I filed EAD myself and got it approved in 40 days. My lawyer was charging me $400 to file it.



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  • unseenguy
    06-15 01:39 AM
    Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.

    Think from your client's perspective:

    1. Why should he pay you more if he can get someone for cheaper price?
    2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
    3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
    4. YOU guys want to leave companies at will but the companies should not replace you at will?

    If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.

    STOP whining, you are just wasting time. All the best!





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  • PHANI_TAVVALA
    08-25 04:25 PM
    wrong calculation 5000/2500=2. It is 2 cents perminute. Have you used C# program?:)

    Any way with vonage, one can call other friends in all other 60 counties and others part of us too..

    I did not know that Sarcasm is a unknown phenomenon in parts of Brazil....:D



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  • GCKaMaara
    11-18 11:16 AM
    This is a very good news. Kudos GC4Me, PD_Recapturing, ItIsNotFunny, NK2006, AkhilMahajan.... everyone.

    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)





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  • anda007
    07-11 03:01 AM
    Dear Non-Indian Members,
    When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
    She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
    I would suggest, that non-Indians, please contact Xiyun @
    email:yangx@washpost.com
    office phone: 202 334 6701

    Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

    We definitely want to make this an universal issue and not just an Indian Issue

    Anand Sharma



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  • whitecollarslave
    03-25 03:05 PM
    Just talked to a recruiter from a software giant.

    She specifically wanted to know if I was on EAD and if yes, unfortunately they cannot hire EADs during the fourth quarter (now) due to hiring budget limitations that are typical during the fourth quarter.

    Q: Why does budget come in to picture here?
    A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.

    But she said once the fourth quarter passes, EAD hiring is not a problem.

    Folks, we should not remain quiet about this. The regulations make it illegal for an employer to discriminate based on immigration status. We should politely and respectfully pursue the authorities regarding this matter.

    I would encourage you to point out the USDOJ guidelines (posted earlier) to the "software giant" employer and also contact the OSC worker hotline.

    Also, would it be wise for people to post name of the company who are known to have such policies? We got one - CapitalOne from earlier posts.





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  • rock
    06-22 10:30 PM
    I am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?
    Hi Guys,
    I am also in the same situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485.
    I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file
    EAD and AP even though the priority dates are not current.

    I would appreciate the answers.
    Thanks



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  • saimrathi
    07-11 09:02 AM
    Awww so sweet... Good job!!

    This is about me. I was photographed yesterday!!





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  • pani_6
    08-21 07:32 PM
    I have not seen any place where the change the rules of the Games inbetween..So for EB-3's of early 2000..we were expecting GC's in 2-4 years and EB-2 in 1-3 years..we didnt see any big difference here..ok we said we can apply in EB-3 and wait a year longer...

    If we knew that DOL would suddenly change the rules..there was no reason for us to apply in EB-3..we could have looked for another job or convinced our manager to apply to apply in EB-2..if the situation could turn so dire as we know now..Now look at the new guys..they will never apply in EB-3..even the lawyers will advise thier clients to apply in EB-2..so the old intrepretation should remain for the older cases and new interpretation for cases when USCIS decided to change the interpretation...

    YOU CANT CHANGE THE RULES IN THE MIDDLE OF THE GAME!



    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.



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  • mdy_tvr
    05-09 02:18 PM
    Guys

    I would appreciate if anyone could throw light on this.

    thanks
    Guys,

    My current situation is that my wife and I applied for 485 separately.
    my wife's PD is 2007 ( 485 applied in Aug 2007 )
    I applied for 485 in Oct 2007, Since my PD is 2003 and is current as of now ( my 140 is pending ), I talked with our companys lawyer on what options do I have with regards to my wife's 485.

    My lawyer suggested 2 options.

    1. File 485 again for my wife as a spouse derivative. As per lawyer, this is very common and has experienced with these kind of situations.

    2. Instead of filing a second 485 for my wife, just write a request letter to move her pending 485 to my 485 as a derivative. If this porting is successful, she cannot move back to her own 485.

    I know some of us have gone with option#(1), but since option(2) involves very less paper work, did any of you have used this option so far?

    I am confused as to which one to choose. My lawyer spelled diplomatic when asked about which option is better/safer:-)

    Thanks
    mdy_tvr





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  • makemygc
    08-09 12:34 PM
    When does the clock start for the FBI name check delay? In other words, when people say my name check is pending for 20 months, what exactly is the starting point....is it the day you file your 485?



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  • jayleno
    08-25 12:55 PM
    All due respect for your thoughts. You just want to lie that you will go back? ...and that is thinking differently?
    Please dont even bring up freedom struggle into this. Obviously its seems like you know less than what you think you know about it. It will even weaken the point you are trying to make. Gandhi didnt only preach peace. He also preached many other things....speaking the truth for example.

    Thinking differently isnt bad. It just came to my mind that this may also be tried.
    I think we have proved something like this not very long back about 60-70 years back. We have set bonfires of all our imported clothes and said NO to anything made in Britain. Right. So what did we really mean. I am sure many brands we wear today are international too. Nothing wrong.
    Why did somebody show the other side to be slapped, did he like to be slapped. Its to get the point across.

    Its a way of protest, a peaceful way to get attention to a problem which must be fixed.
    If most of you dont agree, then I may be wrong, lets see response.

    But lets always maintain that they do care and its a two way requirement and not just ours. We may be desperate due to system failure, but they are too, else there wouldnt be an immigration program. Most countries dont have, if I am not wrong. Its different with US which is a big country and same is the case with Canada which is trying to build.They need people.





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  • nixstor
    06-29 04:44 PM
    what makes you think they cant blame USCIS statistics for this? USCIS gave us wrong stats, we made it current, then they said that no, they have enough visa numbers.


    I have not thought so. I guess that was your assumption on my post. As I said, it can very well happen, but I doubt it on the first day.


    its not written into law that they cant update it mid-month. They are allowed by law to update it whenever they want.

    Thanks for the info. As I understand, its not written into law. But if they really do it on the first day of the month, Its the best avenue for a class action law suit on both DOS & USCIS. It shows their negligence and incompetence to produce a VB that gets revised on day one. All the money spent by applicants, time spent by lawyers will definitely result in a pretty good number of people forming an alliance for a class action law suit.



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  • pappu
    01-07 09:07 PM
    Please find your local congressman at http://www.house.gov


    The Honorable Senator/Representative XXX
    << address>>

    Re: Administrative fixes to alleviate issues faced by highly-skilled immigrants in <<state>>

    Respected Senator/Representative <<lastname>>,

    I am a constituent and an employment-based highly-skilled immigrant. << fill in your bio in 2-3 sentences max>>. I'm also a member of Immigration Voice, a non-profit grassroots organization working to fix the issues faced by highly-skilled immigrants like myself. Currently a million employment immigrants and their families are stuck in a backlog due to insufficient numbers and USCIS processing delays. It may be 6-12 years before these immigrants will be able to receive their green cards, if the immigration system isn't reformed.

    Though Immigration Voice is interested in seeing legislative fixes passed by US Congress, it may take a long time for an agreed immigration reform to pass. Considering this fact, Immigration Voice has proposed the following points to President Bush's administration to fix some of the issues administratively. I urge you to support our cause by writing a letter to President Bush, as follows, to implement these administrative fixes without further delay.

    "

    Respected President Bush,

    I urge you to implement the following administrative fixes immediately to help the highly-skilled immigrants waiting their turn in a severely backlogged system.

    1) Recapture 218,000 unused visas wasted over the past few years administratively, in line with Congressional intent of providing 140,000 visas annually to our community.

    2) Flexibility in the USCIS interpretation of "same and similar" jobs, to allow promotions and job mobility. Current USCIS rule is restrictive and pushes the applicant to the end of the line, if they accept promotions.

    3) Allow filing of 'Adjustment of Status Applications', even when visa numbers are not available. This will not create an increase in visas, but will allow a number of immigrants to avail the benefits of changing jobs while waiting for their visa numbers.

    4) Increase the period of Employment Authorization Document (work authorization) and Advance Parole (travel permit) to 3 years instead of the current practice of 1 year. This will reduce the burden on USCIS and on immigrants. It will also make travel to an immigrant's home country easier during emergencies.

    5) Allow visa revalidation in the US as before. Currently, immigrants have to travel to their home country to renew their visas. If it was performed here in the US, it would be helpful in making it easier to travel back and forth during emergencies.

    6) Restart premium processing for I-140 applications. Now that USCIS has cleared the receipting backlog, premium processing should be made available. Without it, many immigrants are unable to extend their stay beyond 6 years, if their labor certification was applied for after the completion of their 5th year of stay in the US.

    "

    Respectfully,


    <<Full Name>>
    <<Address>>
    <<Phone>>
    <<E-mail>>
    Web-site : http://www.immigrationvoice.org (http://www.immigrationvoice.org/)





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  • arunkotte
    06-25 02:59 PM
    I have the same question. Can some one who did this before answer this.

    Thanks

    Any issues if we sign the papers with date of june in I485 ,I 131 and I765 for AP and EAD filing.





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  • number30
    06-13 05:36 PM
    They made OP Anti Immigrant. I wonder Until now WHY no one has come with great words like "Dividing Immigrant community". It might be due later.





    acecupid
    08-21 12:28 PM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    Dude if people are taking initiative to do something on their own, what is your problem? If you dont support the initiative you dont support it. STOP discouraging others. Everyone supports HR 5882, we all know that and will continue to support it.





    Saralayar
    01-09 01:43 PM
    Core IV can consolidate the valueable points like this for the argument.
    There is a rumor that Obama is considering Citizenship for people who have paid Income Tax for a certain period. Core is it possible to dig more on this and find if it is just a rumor?



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