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  • here4gc
    03-18 11:52 AM
    I opened SR in Jan...in Feb they sent letter that security checks are pending..so I took INFOPASS after talking with attorney...went to INFOPASS and was rudely told that it could take a long time because Namecheck is pending..no idea how long it will take...i was like..if security check is pending do my FP and check everything...but no...they want to do name check..okay..then attorney said to wait 1 more month...he called last week to USCIS and they said...oh we responded on FEB..to the original SR..the response was..its still pending..hell..i know that already..what the hell are u doing about it ?? i thought they were supposed to work on an SR and get it out of the way in 60 days..now lawyer is asking to wait 1 more month because he is saying 60 days from Feb...GOSH..and i am waiting for 140 also...filed in July went to NSC-TSC blackhole..God knows what will happen...




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  • h1techSlave
    03-10 12:49 PM
    The plan that mirage is talking about is to contact only the lawmakers who are already well versed with immigration.


    Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.




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  • kumarc123
    05-08 03:47 PM
    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?

    We could rally in DC and consider a lawsuit, all these lawyers advertisements you see flashing on here, when are they going to come to use? I am sure they will be able to offer a good price, if not I am sure their are a lot if immigration lawyers waiting to be a part of IV community which is gaining some momentum.


    Guys I request you all, please don't wait for more time and keep contemplating your actions or putting down other IV members, we have argued and demeaned each other enough. It is my humble request, to get together and do something big


    Lets not waste time, may be our action will repeat July 07. A classic lawsuit against USCIS for Racial Discrimination which is pushing immigrants back to their countries, also we could involve professor Wadhwa's input on this.




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  • MeraNaamJoker
    08-21 11:02 AM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    Buddy,

    This is an ultimate test from above on our patience.

    I waited for a very long 10+ yrs for my process to complete. Will you beleive that during the first 3 yrs of my application all the categories were current. The very next month when my labor got approved it went to retrogression. Before I got greened 2 weeks back, the dates became current for 3 times. I missed all 3 times. Last one was becuase of idiot lawyer (her firm is one of the largest immigration law firms in the entire country) sat on it and did not provide a required paper work.

    After that the wait got extended for another 3 more yrs. finally got it on early part of this month. With the same process I was laid off once. Ported the process out. Then second company tried to ditch me the process. Ran away from their with the process. Got really lucky. From 3rd company I was forced to take a package and leave. Got lucky there too to port the case for a record 3rd time. Filed AC21 with the 4th company. Later filed I 140 again (i don't know why. The lawyer of the cmpany insisted). Got that once also approved.
    Spend almost 38,000.00 dollars in all these various processes. After all these waited for almost another 2 yrs again and finally it arrived.....

    So each story is different. Each has got its own colors. I have worst situations than mine. Just hang in there buddy. Your turn is round the corner. It is on its way.



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  • english_august
    07-09 07:54 AM
    Please refer to this thread:
    http://immigrationvoice.org/forum/showthread.php?p=103700




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  • bkarnik
    05-10 08:21 PM
    http://thomas.loc.gov/cgi-bin/query/z?c109:S.2691:



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  • imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




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  • AllVNeedGcPc
    04-13 10:36 PM
    - Flew into YYZ (with family), completed landing process last week
    - Have expired H1-B stamp but approved I-797s
    - Flew back this week on AVR
    - No questions asked on both sides
    - Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
    - Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
    - I would not suggest giving up the Canadian PR based on just rumors and no facts
    - Have pending 140 and 485
    - Have APs too, but did not use them



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  • simple1
    05-01 03:21 PM
    I second that. Technically they should not be. thanks MCQ, H1 and H4 is a great example
    If at all they are counted they must be counted in FB2A not EB.

    Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.

    as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.

    I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
    Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.




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  • Siboo
    08-09 10:17 AM
    My lawyer told my checks cashed today. My details
    EB2 -> PD Sept 2003
    I140-> Applied to NSC-> Approved by TSC->March 2007
    I485->Applied to NSC -> Delived to NSC on 26th June-> checks cashed on Aug 9th by TSC

    Anil,
    Did you notice any change in the LUD of your pending or previously approved cases??



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  • anilsal
    11-21 05:41 PM
    I have read it someplace in a forum or an article long time ago. I will not be able to locate the source.

    But a good lawyer will have information on this.

    Mehul, thank you for coming forward with your situation on the forums. This will enable you to not only get support from IV members, but we will certainly do our best to help you out.




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  • blackberry
    11-17 03:17 PM
    Done.



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  • guy03062
    12-11 12:33 PM
    12/10/2006: The President Signed Yesterday Continuing Resolution Bill, H.J. 102

    The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.




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  • ArkBird
    09-09 08:54 PM
    It's more like 500K and on the plus side you get your own business! :)

    Boss,

    Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:



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  • gauravster
    07-08 03:48 PM
    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause

    Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.

    I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.

    If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.




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  • hiUS
    09-11 08:57 PM
    I had info pass appointment today in Newark they asked my
    Info pass appointment letter
    I-485 approval letter
    Passports

    I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.

    I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.

    After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update

    Approved on 8-12-08

    Thanks for the info.

    I think the Stamp is equal to the card. But any way you got to know that the card is ordred for production.

    Is it happened because you went to Infopass and something is updated there or is it a coincidence?

    Did you cal the USCIS regular customer service number to know the status?

    Id there any change in the online message of Approval Notice sent to Card production is ordered?

    Mine is exactly the same as yours. Your inputs will be helpful to me and I too need to go to Newark if needed.



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  • mrdelhiite
    09-14 10:14 AM
    July 3rd, 11:14AM signed by F Heinauer @ NSC
    Good luck to everyone.


    was it texas or NSC ?
    -M




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  • madhu345
    11-17 09:56 PM
    Sent also forwarded to colleagues.




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  • Rohan99
    10-02 04:30 PM
    I took a printout of the receiver's signature image and the tracking information from the Fedex website just in case.
    My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
    I'll keep you posted on the progress.

    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.




    YesGC_NoGC
    06-27 10:19 AM
    What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.



    I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.


    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.




    logiclife
    07-07 02:23 PM
    Yes, registering with the Police department of the city is a must. All they need (at least in San Jose) is your name, driver's license number etc. They will register it.

    You dont need permit for walking on sidewalks. You need permit only if you plan to stop traffic and block streets. None of us want to do that.

    Check with your city's police department and find out how to register for march on sidewalks without stopping traffic. I guess that's a lot easier than getting permits to stop traffic etc.

    Now, as to rallies other than San Jose rally, if you plan to lead the rally and get the event registered, then please email me at jay@Immigrationvoice.org and I will help you get members. I have list of all members and their states and once you finalize the event, I will email the entire list and point them to you. I will also provide you with material, guidance and Immigration voice's message and talking points should you be approached by a reporter. In fact, its a good idea to tell local papers in your area before hand so that the know to cover the event.

    Members in NYC, Washington DC, Chicago, LA etc should have absolutely no problems in finding enough members planning to walk on the street for an hour. I will help you find enough participants in your city, if you send me an email and if you are ready to lead these events.



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