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  • aps
    10-29 01:00 AM
    One of the iv member, has stated that the I485 has been denied for his friend, upon withdrawl of 140 by his ex-employer. His ex-employer has informed USCIS, that the employee left the job on his own. Also, he quoted that "USCIS denied I485 because, ac21 can be used in case of layoffs only , not switching for jobs"

    In your letter you are requesting to give RFE/NOID before denial, but the fundamental reason for denial is different in the above case. what is use of getting RFE/NOID, in that case?
    thanks,
    aps


    From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.

    In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.

    Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.

    After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.

    I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
    http://immigrationvoice.org/forum/showthread.php?t=21716

    To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.





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  • rstp99
    01-10 11:28 AM
    Sec 503 of Marc Spector's Immigration reform bill gives 25% of all EB visas and unused visas to un-skilled workers.
    This shall hit all EB category visas hard and might cause more retrogression
    We should not support Sec 503 of this bill.





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  • johnamit
    06-15 12:48 PM
    Seems like we are so many here who are planning to file on our own. Isn't it wise to hire an attorney and negotiate a better rate, so we all can file correctly in one shot?





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  • augustus
    06-29 05:21 PM
    In America, Lawsuits are filed for mental agony. The agony we all go through to come out as a permanent resident is over the top.

    Any issue, any matter, if there is mental agony, people here file for lawsuits. Heard in the news recently that airport security officials asked a woman to throw her baby's milk bottle and she was all over in the news and crying her wits out at the agony she had to go through just for security officials asking her throw her baby's milk bottle.

    Here, our life hangs by a thread. We are used as puppets. Cheapest people on earth. And no one is there to even cover our news. Paris Hilton takes the front page and millions of people whose life's on hold is not an issue.

    Where is the American Dream I ask?



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  • pranju
    06-15 11:42 AM
    Is it mandatory to submit Form G-28 ?


    G-28 is for lawyer if u r gettign the help of lawyer then yes , if yrelf then no ... but please confirm with others too - thanks





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  • chanduv23
    11-02 10:15 PM
    whats hte next step

    ilikekilo and other friends,
    please contact itisnotfunny - send a PM - to volunteer for further steps. Thanks for all the help



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  • angelfire76
    11-04 10:34 AM
    Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
    Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.

    Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".

    These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now

    Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.


    This should be a pretty genuine case, which should survive any audit. No worries here.





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  • helpful_leo
    01-02 12:10 PM
    Hey guys

    I was a mostly passive observer during the S 1932 battle, and really admire all of your perseverance. I think all of you did very well with the limited time and zero funds that you had. A little bit about myself: I am a physician from India currently doing medical research here. I am currently busy interviewing for the medical residency Match 2006 (for those of you who know or care) and therefore will not be able to spend as much time here as I would like. I myself am not a GC applicant yet but am extremely interested in the cause you guys are taking up and want to see this thing being worked through. I believe our demands are just and fair, and perfectly in line with the American tradition of fairness. Our demands are just waiting to be intelligently articulated and brought to wider public attention, and will resonate well with all lawmakers irrespective of ideology. We will have to be careful about distinguishing our requirements from competing and confusing interests like illegal aliens, security issues and even H1B visa seekers.

    No American, from the most socially conservative Republican to the scared-about-job-loss Democrat will grudge a legal immigrant -who has played by all the rules all the time and pays all taxes- to reduce his immigration wait period from 7 years to 2 years! We have to play on this sense of American fairness (which exists btw to those who are skeptical) and spread the news about our legit demands (and indeed our existence) to the wider American audience. We have to carry this issue from the arena of policy debate to the personal - tell Americans how it feels like for spouses to waste their time and hope, to not be able to buy a home or plan any kind of life beyond the wait period for the green card. We have to tell them that we are not just potentially controversial legislation, but real people, with dreams, hopes, fears and sensitivities- just like them. After all, we are a significant number among their physicians and software engineers, scientists and nurses, professors and graduate students.

    But we should present these facts well to our audience, and not let communication glitches convert a no-brainer into a close contest. We should not let bad English or an unprofessional approach towards lawmakers/ media feed into stereotypes of “cheap labor” class peddled by the anti-immigrant groups. We have to be savvy and creative about our PR. We have to collect funds and organize the enormous mass of people affected by this issue. Among other things, we have to be politically sensitive and not pass judgments on illegal aliens or protectionist Democrats or anti-immigrant groups in our dialogue amongst ourselves or with others.

    I am aware all of this is tall order, but if we can manage this, I think America will give us what we ask for inside of 6 months. I will contribute as much as I can, as will be allowed by my current pressured situation ; ) Like many others here, I can put forth ideas and suggestions. I think I am politically aware and because I (used to) closely follow the general political media, I will probably be able to provide the American perspective on things, which again many others here regularly do.

    Thanks for your time and may 2006 have the very best for us!



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  • makemygc
    07-09 09:57 PM
    This is just a message to 2005/2006/2007 PD guys. Please don't think that some miracle will happen and dates will be current soon, it will take its own time. Mostly for EB2 & EB3June 2006- June 2007 guys, it will be like a lottery if the PD becomes current somewhere in 2007 Oct-Nov time. Right??
    So life is not always easy. There are people waiting since 2002-03-04.
    Don't think that life is not a FIFO always.

    Why some of the guys became violent when I said, INDIA IS GREAT???
    Guys.. do you know why I always feel like this???

    As my parents,in laws and most of my relatives stay there. Not only mine, allmost all guys who are in the IV, they must have parents and relatives in India for sure. There is no other reason why I said India is great.

    Someone asked me to pack up... YES, I will if nothing happens;however, I will be waiting to see the progress for sure. This is July. Let's have a look over OCT bulletin after 2 months and for sure dates will move atleast 4-6 months for EB2 guys and 1 year for EB3 guys. So wait, be patient, instead of doing all this.
    Anyway, our turn will come sooner or later, so why to become impatient just seeing the JULY bulletin CURRENT and then "U".

    Mainly this is the message for 2005-2006-2007 PD guys. Please don't take it otherwise.

    I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right?
    Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers.
    I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.





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  • jthomas
    11-22 05:35 PM
    It looks like a good discussion. Please note i guess you are a highly skilled legal immigrant in H1B/EAD. What are the chances of you gettting a NOID and you would be back to your home country if you cannot keep a job in H1B.

    Do whatever you wish, Gain knowledge and don't sit in your house with morals. Later if u make good money (billionaire) donate it or send cash with a envelope, I was not able to sleep last night because i walked away from my home, but now i am a wealthy guy.



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  • jsb
    09-24 03:12 PM
    .....
    I hope our patience pays off and they rewsrd it with giving the GC straightaway;).....wishful thinking.....

    It is possible and most efficient. Do everything at once. Best wishes.





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  • mrsr
    06-21 11:25 PM
    In form G325A and 765 there is a question which ask all other name used , what should we write as our name is same as we have written in first and last name ( my maiden name and name after marriage is same )

    also if there is no middle name should we leave the space blank or write N/A

    in 485 in the Address C/O what should we write

    please reply



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  • desitechie
    08-20 08:02 PM
    [QUOTE=addsf345;726872]I have similar experience. I moved to sunrocket (which is now teleblend) from vonage. I pay half of what I used to pay vonage for same services/usage.

    currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.[/QUOT

    I belive ultimately all the big phone service providers like Reliance, Airtel and Tata will reduce the calling rates to match/beat VOIP providers like Vonage.

    This will be the saving grace to keep down the telephone expenses.





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  • msp1976
    06-29 08:11 PM
    And I was hoping that my labor stuck at the BEC's will *hopefully* arrive just in time (before september - per what's embedded in BLACK LETTERS on the July VB and DOL) to give me enough to file 140/485... what an awful pathetic joke

    My labor is also stuck in PBEC...



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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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  • franklin
    07-09 07:24 PM
    I think the blood drive is a great idea...draws media attention and serves a just cause!!!

    Calling IV leadership to organize this all across the country!!!

    I would love to donate blood, however I am illegible because of Mad Cow disease. In addition, if you've traveled anywhere with Malaria, I believe you can't within 1 year. If you've lived in a Malaria area, you can't for 3 years.



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  • mallu
    01-27 10:42 PM
    .....
    We all have choices so if you do not want to get transit visas just choose a route that precludes the need for one. Ten pages bad mouthing the UK is not helping anyone it is just antagonizing those of us who originated there.
    .....

    Right. Anyone at receiving end of 'terrorism' will be extra cautious. It is the right of the country to decide who visits/transits and the requirements for such visist. And others need to understand that. At the same time govts need to compassionate also .





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  • silverstone
    01-12 11:01 PM
    What about this bill and look at the following section. Does it mean EB visas will go up to 260,000. Then its good news.

    http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.3938:

    'Title VI SEC. 601. INCREASE IN EMPLOYMENT BASED VISAS.

    Notwithstanding any other provision of law, the number of employment-based visas made available under sections 201(d) and 203(b) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1153(b)) for each fiscal year (beginning with the first fiscal year beginning after the date of the enactment of this Act) is hereby increased by 120,000'.





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  • andy007
    07-11 01:44 PM
    I know it is hard to believe, but according to the tracking number below, Mr. Gonzalez signed for delivery of my flowers today.

    See below:(click on view package progress)
    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432


    G

    No Process for you !!! Direct Green Card !!
    Yahoooooooooooooooooooooooooo !!





    wandmaker
    08-07 09:36 AM
    Easy for you to say as u already got your green card.

    If Aman had worried about only himself then there would have been no IV. Start thinking for whole EB community. Change your "I" comes before "WE" attitude, help the whole community and help yourself. Anyway, good luck on your law suit.





    EndlessWait
    01-24 11:39 AM
    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.

    of all the smooth talk..cmon we all know the one time might power ruled the world.. so its not easy for them to get over with..well for those who dont like i always say..just boycott..but i know lots of them will still give in and take the pain...

    the way i see..if indian airlines were upto the task.. we could have direct flights from all major cities in US..but then again how can I simply blame the British govt. for tormenting us..its the Indian govt. who can't sort this..either encourage big businesses to launch international flights with world class service..that's something which we have to wait!