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  • pcs
    07-05 10:11 AM
    I met the local office of my Congressman with the following documents to make it easy & simple..

    A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )

    A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.

    Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July

    Above was good enough to convince them regarding the mess & they promised action on their part..

    IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS

    NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION

    This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.

    I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date



    Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.

    Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony


    Since your butt is on fire like mine.... I do not think I need to convince you to act on this


    Best wishes




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  • newbee7
    07-05 11:16 PM
    "not entirely completed" = INCOMPLETE

    They clearly broke the law...this is the first time we see the officials at ucsics confirming this and the weekend work. Perhaps, they figured out they need to admit it before they are forced to do so.




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  • she81
    08-13 04:39 PM
    EB3 is totally doomed. They are not even approving 140s for EB3, visa number issues come later. Although I've been doing it, I seriously didn't come here to spend my time writing letters just to get one simple application processed for which I'm overqualified (I am qualified for EB2, but my company pushed me into EB3). And yes, that doesn't work either. USCIS does have time to draft and send back a reply to the congresman but not to look at my simple and sweet case.

    If they (USCIS) don't know what they are doing, who are we to educate them?




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  • heywhat
    07-21 03:59 PM
    Do not want to scare anyone but after checking other sites and calculation it seems that BEC for 485 is not too far away...



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  • subujee
    09-09 07:53 PM
    EVen though I was stuck in labor certification for 5 years and was able to file for my last stages before the mess, still I feel other folks in this immigration community should not be stressed like me . So, even though I can't make it to the immigration rally, I am contributed $100 rightaway and will try to convince my other colleagues on the same boat to contribute.




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  • gunabcd
    06-02 08:35 PM
    Looks like most people are scared because of some kinda assumption that the politicians are determined to screw Indians and so have given the common sense a back seat. When the PERM system came in effect did they force the old labor petitioners to file in the new system? I've never heard of a law/provision that made people file a new and the money and time spent in earlier filing was wasted. It just does not make sense (there will be a class action law suit, if it happens).

    So here's what i THINK: As long as immigration is accepting the I-140 petitions and you receive the receipt notice, you are in the old system, meaning your application is still valid and you are in line for GC. They will have to keep the old system running for the applications filed before the new system came if effect. This May 15/May 21, 2007/2008 cut-off date discussion just does not make sense.

    It's possible that if your labor got cleared(backlog or PERM) after the new system is in effect, and in the new system there's no need of labor, then your labor will be obsolete (or wasted), but as per the old system concept you haven't lost anything as you can still go for the next step and file I-140 in the new system (although that I-140 may get processed based on new points system).

    Looking at some of the ridiculous ammendments that have been added in the bill, i think the chances of this bill being passed are less than 50%, just my feeling.
    -Gunvant
    EB3 Labor filed Sep 2004
    Labor approved(PBEC) Jan 2007
    I-140 filed Apr-19-2007
    PP filed May-31-2007



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  • asharda
    07-06 11:00 AM
    My brothers in blood, please calm down… Mahatma Gandhi had his own way of fighting for freedom and so did Subhash Chandra Bose. They must have agreed and disagreed with each other on many things. But at the end of day, their motive was the same “Justice and Freedom”.

    We might have our differences, our opinions and ways of doing things, but we need to understand that our motive is the same. We should stop bickering with each other and concentrate on the main goal. We should keep encouraging our members to join hands and unite and fight for the cause.

    Though you might not agree with each other, you still need to see how severely the issue must have affected the other person which is why they are here and ready to fight.

    Please pull your (s)words to fight the injustice rather than fight with each other.

    PEACE!




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  • GCVir
    07-28 08:36 PM
    Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
    (1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.

    (A) Priority date : Nov, 2005
    (B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
    (C) I-140 pending period : One month (too fast where it was not a help!)
    (I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
    (D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
    (E) DOB of son : 3/30/1986
    (F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
    (G) Date to be considered for determining the age for filing I-485 : 6/1/2007
    (since the monthly bulletin is released on 6/12/2007)
    (H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
    (I) Benefit from CSPA :(I-140) pending days (C) : 1 month
    (J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
    (2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?

    (3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.

    (4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).

    (5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.

    Sorry for the long note � I thought the complexity of the issue needs it.

    Thx GCVir



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  • knnmbd
    04-26 08:02 AM
    Dear Knnmbd,

    It seems to me you do not understand the difference between taxes and Social Security / Medicare.

    With my taxes I pay for (example) roads, police, courts, public TV and so on. And I use what I pay for (another nice example is when the police paid by me catches me with high speed and fines me :-)

    SS and Medicare are future services which I would not use while I am on H1/L1 or if I do not get permanent residence by some reason. This is my money which the US government has compulsory taken from me and I have not used it. So, I have the right to get this money back and use it for my eventual retirement in another country.

    We do not change the law of the land to benefit us, we just do not want to be cheated and treated like retarded.

    The real ridiculous stuff is the way the government agencies are treating the legal immigrants but nobody in the "great" country care to notice that, especially the law-makers.
    bkam,

    I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah� like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON�T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.

    So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.




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  • Lacris
    07-17 11:22 PM
    Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.



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  • ind_game
    05-15 11:01 AM
    dear members,
    please post ideas on how we can all collectively address such issues. We have to spread awareness, get attention from law makers, remove the fear instilled into minds of people, guide people in the right direction.

    Ideas and suggestions are welcome.

    I would say we should start with local congressional office. Every case whether it is resolved or not should be taken to the attention of local congressional office.
    If members volunteer to do this, we could distribute districts among ourselves and take care of each district's congressional office. In that way we could raise the awareness among the lawmakers. I do agree that not every office will be friendly to immigrants like my district's congressional office, but we have to try.




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  • ychousa
    07-18 06:47 PM
    Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?

    Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?



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  • crystal
    09-11 07:30 PM
    dont get confused . i am on ur side :DI am confused by your post.. who's side are you on? :D




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  • sri1309
    08-14 02:08 PM
    H1 Tech Slave

    You also want to add How many on H1 who are ready to buy a house but unable to, not sure of the status. You can count me in.
    Sri.



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  • manderson
    09-24 02:00 PM
    it has to be similar job PLUS with an established company.

    from what i have gathered it seems that if USCIS issues a RFE or calls u for interview during adjucation they might ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not suppposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...).

    i also wondered about the conflict of interest becoz it's your relative that u clearly identified in your G325 (Biographic) form -- but I guess if ppl are doing it then it's possible.


    Ok. Now lets say I have EAD cards for me (primary applicant) and my wife. I can now have my wife start a company and have a job position similar to where I work. Now after 180 days, can I work for my wife's company invoking AC21 with my EAD??:D
    and so when an RFE comes from USCIS , can this be shown as the similar job offer?

    Really speaking, The USCIS only wants a promise of employment when they are adjudicating form 485 saying that I will be given a job after I get my green card:). So can I literally work anywhere for any job using my EAD until green card gets fully approved as long as I have a promise of employment (by my wife's company)? :p
    Ofcourse i am risking the chance of being out of status if my 485 gets denied. i just want to make sure it wont get denied because the "similar job" offer is from my relatives (wife's) company.

    any thoughts??:confused:

    Rex




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  • conundrum
    04-30 03:13 PM
    The member from Chicago is mainly concerned about the family based limits. He wants to know what the limit is or if there is a cap in the first place



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  • hazishak
    07-18 07:19 PM
    What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
    Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..

    PD has to be current in order to get the RD advantage.




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  • GayatriS
    01-08 05:18 PM
    For all the bad things you people have been saying about Professor-ji, you should read this great article he wrote for Businessweek.


    Business Week
    http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm
    SEPTEMBER 14, 2006

    Viewpoint
    By Vivek Wadhwa

    Are Indians the Model Immigrants?

    A BusinessWeek.com columnist and accomplished businessman, Wadhwa shares his views on why Indians are such a successful immigrant group

    They have funny accents, occasionally dress in strange outfits, and some wear turbans and grow beards, yet Indians have been able to overcome stereotypes to become the U.S.'s most successful immigrant group. Not only are they leaving their mark in the field of technology, but also in real estate, journalism, literature, and entertainment. They run some of the most successful small businesses and lead a few of the largest corporations. Valuable lessons can be learned from their various successes.

    According to the 2000 Census, the median household income of Indians was $70,708�far above the national median of $50,046. An Asian-American hospitality industry advocacy group says that Indians own 50% of all economy lodging and 37% of all hotels in the U.S. AnnaLee Saxenian, a dean and professor at University of California, Berkeley, estimates that in the late 1990s, close to 10% of technology startups in Silicon Valley were headed by Indians.

    You'll find Indian physicians working in almost every hospital as well as running small-town practices. Indian journalists hold senior positions at major publications, and Indian faculty have gained senior appointments at most universities. Last month, Indra Nooyi, an Indian woman, was named CEO of PepsiCo (PEP ) (see BusinessWeek.com, 8/14/06, "PepsiCo Shakes It Up").

    A MODEST EXPLANATION. Census data show that 81.8% of Indian immigrants arrived in the U.S. after 1980. They received no special treatment or support and faced the same discrimination and hardship that any immigrant group does. Yet, they learned to thrive in American society. Why are Indians such a model immigrant group?

    In the absence of scientific research, I'll present my own reasons for why this group has achieved so much. As an Indian immigrant myself, I have had the chance to live the American dream. I started two successful technology companies and served on the boards of several others. To give back, I co-founded the Carolinas chapter of a networking group called The Indus Entrepreneurs and mentored dozens of entrepreneurs.

    Last year, I joined Duke University as an executive-in-residence to share my business experience with students (see BusinessWeek.com, 9/14/05, "Degrees of Achievement") and research how the U.S. can maintain its global competitive advantage (see BusinessWeek.com, 7/10/06, "Engineering Gap? Fact and Fiction").

    1. Education. The Census Bureau says that 63.9% of Indians over 25 hold at least a bachelor's degree, compared with the national average of 24.4%. Media reports routinely profile graduates from one Indian college�the Indian Institute of Technology (IIT). This is a great school, but most successful Indians I know aren't IIT graduates. Neither are the doctors, journalists, motel owners, or the majority of technology executives. Their education comes from a broad range of colleges in India and the U.S. They believe that education is the best way to rise above poverty and hardship.

    2. Upbringing. For my generation, what was most socially acceptable was to become a doctor, engineer, or businessperson. Therefore, the emphasis was on either learning science or math or becoming an entrepreneur.

    3. Hard work. With India's competitive and rote-based education system, children are forced to spend the majority of their time on their schooling. For better or for worse, it's work, work, and more work for anyone with access to education.

    4. Determination to overcome obstacles. In a land of over a billion people with a corrupt government, weak infrastructure, and limited opportunities, it takes a lot to simply survive, let alone get ahead. Indians learn to be resilient, battle endless obstacles, and make the most of what they have. In India, you're on your own and learn to work around the problems that the state and society create for you.

    5. Entrepreneurial spirit. As corporate strategist C.K. Prahalad notes in his interview with BusinessWeek's Pete Engardio (see BusinessWeek.com, 1/23/06, "Business Prophet"), amidst the poverty, hustle, and bustle of overcrowded India is a "beehive of entrepreneurialism and creativity." After observing street markets, Prahalad says that "every individual is engaged in a business of some kind�whether it is selling single cloves of garlic, squeezing sugar cane juice for pennies a glass, or hauling TVs." This entrepreneurial sprit is something that most Indians grow up with.

    6. Recognizing diversity. Indians hold many ethnic, racial, gender, and caste biases. But to succeed, they learn to overlook or adapt these biases when necessary. There are six major religions in India, and the Indian constitution recognizes 22 regional languages. Every region in the country has its own customs and character.

    7. Humility. Talk to almost any immigrant, regardless of origin, and he will share stories about leaving social status behind in his home country and working his way up from the bottom of the ladder in his adopted land. It's a humbling process, but humility is an asset in entrepreneurship. You learn many valuable lessons when you start from scratch and work your way to success.

    8. Family support/values. In the absence of a social safety net, the family takes on a very important role in Indian culture. Family members provide all kinds of support and guidance to those in need.

    9. Financial management. Indians generally pride themselves on being fiscally conservative. Their businesses usually watch every penny and spend within their means.

    10. Forming and leveraging networks. Indians immigrants found that one of the secrets to success was to learn from those who had paved the trails (see BusinessWeek.com, 6/6/05, "Ask for Help and Offer It").

    Some examples: Successful Indian technologists in Silicon Valley formed an organization called The Indus Entrepreneurs to mentor other entrepreneurs and provide a forum for networking. TiE is reputed to have helped launch hundreds of startups, some of which achieved billions in market capitalization. This was a group I turned to when I needed help.

    Top Indian journalists and academics created the South Asian Journalists Association (SAJA) to provide networking and assistance to newcomers. SAJA runs journalism conferences and workshops, and provides scholarships to aspiring South-Asian student journalists.

    In the entertainment industry, fledgling filmmakers formed the South Asian American Films and Arts Association (SAAFA). Their mission is the promotion of South Asian cinematic and artistic endeavors, and mentoring newcomers.

    11. Giving back. The most successful entrepreneurs I know believe in giving back to the community and society that has given them so much opportunity. TiE founders invested great effort to ensure that their organization was open, inclusive, and integrated with mainstream American society. Their No. 1 rule was that their charter members would give without taking. SAJA officers work for top publications and universities, yet they volunteer their evenings and weekends to run an organization to assist newcomers.

    12. Integration and acceptance. The Pew Global Attitudes Project, which conducts worldwide public opinion surveys, has shown that Indians predominantly hold favorable opinions of the U.S. When Indians immigrate to the U.S, they usually come to share the American dream and work hard to integrate.

    Indians have achieved more overall business success in less time in the U.S. than any other recent immigrant group. They have shown what can be achieved by integrating themselves into U.S. society and taking advantage of all the opportunities the country offers.



    Wadhwa, the founder of two software companies, is an Executive-in-Residence/Adjunct Professor at Duke University. He is also the co-founder of TiE Carolinas, a networking and mentoring group.




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  • mjdup
    01-02 11:51 AM
    That's very impressive yabadaba, you have excellent writing skills !




    pappu
    11-17 11:52 PM
    Hi everyone,

    I would like to have a conference call this Sunday between 3pm-3:30 pm. Please tell me if this will work out for you all? Please shoot me an e-mail at amitg_2000@hotmail.com with your availability, your phone number and most accessed e-mail account.

    Once everyone confirms I will forward some discussion points for the call.

    I look foward to hearing back from you.

    Thanks,

    JH
    Thank you Jimi for taking the lead and starting the chaper work.




    mrdelhiite
    06-21 01:50 PM
    I am just hoping we do not mis the July Bus :cool:


    Worrying not gona give us anything. Were u worried 3 months back when the PD was 2003 something ... if we are lucky we will get it this time if not we will get the PD next time. Have faith and don’t loose ur sleep over it.
    -M
    PS: not trying to offend you in any way. I am in same boat as u are my labor was filed on 23rd ... one month after a friend who filed in jan and already has his labor and I140 approved...



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