Friday, July 1, 2011

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  • xela
    02-15 08:07 AM
    Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!




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  • Lok_sumi
    10-29 07:28 PM
    My current employer is not willing to provide copy of I-140. I got EAD in 2nd week of October 2007. Can I change job using AC21 without copy of I-140 from current employer. What are the documents I need to change job using AC 21? Thanks in advance for your replies




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  • Pankaj
    06-22 10:46 AM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?




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  • Ramba
    04-20 03:50 PM
    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.



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  • grupak
    07-30 10:39 AM
    EAD for spouse and self, RD and ND June 18th, LUD on June 20th showing case pending,
    LUD on July 29th and July 30th showing approved and card ordered.

    My PD will be current in August.




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  • cool_desi_gc
    03-25 09:02 PM
    Dec 2002...This calendar year..You made my day.

    PD: Dec 2002 EB3 India



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  • simple1
    05-01 04:42 PM
    great, thanks to lost_in_migration for posting INA.
    sorry snathan I should have posted it earlier myself. it will answer all your questions.

    If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.




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  • cram
    06-11 10:18 PM
    I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?



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  • shreekhand
    02-02 02:25 PM
    Well, I kind of expected a response to my kind of personal remark in the earlier part of the post than what I wrote later in the message... never mind, that's the human mind.

    Don't know about you but I for sure don't rely on just conversing with NGO's or reading news about "atrocities", but actually have involved myself in traveling, teaching and helping institute schools in tribal areas of Jharkhand (Ghatsila-Singhbum), where education had never even reached. The sparkle in their eyes, hospitality and values beats what we find urbanized and modernized world (had the same experience when I visited central Cambodia last month). I also see that casteism is not the same all over in India (a lot less in the west (when I was in Nanded district in Maharashtra) than the north and parts of south) and that it is rapidly changing (compare the caste discrimination 70 years ago with that today, even my active 85 year grandma who has traveled a lot in India, couldn't resist expressing her positive wonderment). The caste discrimination is severe no doubt in certain parts, nor am I trying to water down your experiences - but remember making a blanket statement for 1.2 Billion people demands a lot of explanation!

    There is difference working on the ground to make a transformation and witness it from a holistic sense than having a 5 feet level view. Hope you don't take anything personally... but maybe just grasp the gist of my experiences/thoughts.

    Really apologize if I hijacked the thread in anyway!


    This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
    Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.

    Peace.




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  • saisujatha123
    05-12 03:35 PM
    I agree to meet.

    member of North California
    contributions : $500
    Some one tell where and how to send flowers?:confused:



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  • pani_6
    12-10 08:14 AM
    My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.

    What we need is a interim EB bill.


    The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
    Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....


    If we need to get started on the first day of congress I suggest we start getting organozed now...

    What do you guys think!!




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  • kannan
    05-07 04:00 PM
    Last Friday I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,today I got the letter.

    Options That I choose

    1-800-375-5283
    1
    2
    2
    6
    1
    R.no
    1
    3
    4



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  • chanduv23
    07-08 11:23 AM
    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.



    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.



    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.



    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .

    Your perspectives go well beyond what an average immigrant thinks about the whole EB system.

    I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.

    In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.

    I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.

    A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.

    I am not blaming an employee or employer for this but this entire EB based system is set up in that way.




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  • hiralal
    05-09 12:22 AM
    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process.
    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx[/QUOTE]
    just a thought ..we should send it to media, congress and President Obama. what if some directives are coming up from the admin ...
    DHS secy was saying they will be tough on H1 ..maybe they are tough on GC's too ..another point what if they are trying to waste the visas on purpose (to tighten immigration) ..and hence we need to send letters to media and congress. Media is a must !!



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  • raju123
    07-09 06:42 PM
    woowww great news. keep up guys. tomorrow will be our day. I am sure media will have big attention on this issue!!

    It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!




    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD



    Message from USCIS Director Emilio Gonzalez

    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    +++++++++++++




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  • ramaonline
    05-11 12:30 PM
    On h1b u can start any business as long as the investment is passive. (something like investing in stocks, real estate etc) You cannot actively work for your business. The same applies to h4.



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  • SunnySurya
    08-18 02:16 PM
    We don't have much options. Let us jointly send letters to Ombudsman and USICS director and hope something will come out of it.
    i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....

    EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...

    what are our options.. to make the 500 pound gorilla kneel down ??
    i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???




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  • suavesandeep
    08-20 11:51 AM
    My order so far is follows

    Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
    Aug 12 9PM - Email -> Card production ordered.
    Aug 15 - Email -> Approval notice sent (for ME)
    Aug 18 - Email -> Approval notice sent for Spouse
    Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.

    Still waiting for the actual cards to come.




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  • Macintosh
    09-17 08:27 PM
    PD: May 2006, EB-3, ROW

    I-485 applied on Aug 2, received on Aug 3, 2007
    Receipt received in the mail on 9/17/07; ND 9/10/2007

    Applied to Nebraska, I-140 approval from Texas, I-485 receipt is LIN.:confused:




    iviviv
    10-24 07:31 PM
    What is IV's game plan after the elections? Are we being proactive by contacting key Democrats and making them aware of our issues?




    glus
    05-23 09:10 AM
    Hi,
    It took me a while since their lines are busy. I sent faxes to my local senators and to those:
    Patrick J. Leahy http://leahy.senate.gov/contact.html
    Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
    Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
    Diane Feinstein http://www.feinstein.senate.gov/publ...tactUs.EmailMe
    John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
    Harry Reid http://reid.senate.gov/contact/email_form.cfm
    Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
    Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
    Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
    Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform

    I created a personal 1-page fax based on IV template and asked to include:
    1. More immigrant visas for those who are in the queue alredy(employment based)
    2. Asked for easy H1B 3-year extensions like in the present law
    3. Allow to file I485 without visa numbers
    4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.

    Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.

    Go IV go....



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