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  • zheng0821
    03-17 09:26 AM
    see the link

    http://thomas.loc.gov/cgi-bin/bdquery/D?d109:105:./temp/~bd3JRR::


    So, we should fight for this bill since it does not deal with the controversial guest worker program.




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  • WaldenPond
    03-23 11:10 AM
    Here is an interesting news article about partisan politics and Immigration bill.

    Reid threatens filibuster as immigration showdown looms
    http://www.mercurynews.com/mld/mercurynews/news/breaking_news/14162755.htm




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  • vejella
    07-06 01:13 PM
    Berry Appleman really sucks. Dont ever go there.
    I gave all my signed I485/G28/I325/I765/I131/693/Photos forms by June 8th. They filed mine on June 27th. They reviewed it for 17 days.
    They never attend email or calls. Hope mine gets accepted.


    I sent my documents to them on June 10th and due to my persistent push they mailed on June 19th . But general responses are more than decent.




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  • life99f
    07-05 08:42 AM
    There will be new VB in Oct and many people will get returned 485 at that time.

    Dont dream that USCIS will take all July applications.



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  • Vsach
    03-14 09:41 AM
    EB3 (India) moved 2 months. Good news. But then?
    What you expect for Eb3 guys? What may be the trend in coming months?

    2002....2003....2004.....?

    We can all go home....:rolleyes:




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  • nave_kum
    07-22 03:24 AM
    07/21/2007: RFE/NOID Flexible Time Frame Rule and Need for USCIS Discretion for Pe-July 17, 2007 EB-485 Filers

    July VB Fiasco was a tragic event in the American immigration history and we are grateful that the USCIS rectified the problem on July 17, 2007 by reversing its decision to deny July 2007 EB-485 applications. We do not have specific statisics on EB-485 filers from July 2, 2007 until July 17, 2007. However, for the two reasons, among others, a large number of applicants sent in EB-485 applications during the period. Firstly, they more or less anticipated that either DOS or USCIS would rectify the problems because of the potential serious flaws in their decisions. Secondly, AILF was preparing class action lawsuits and they wanted to make it sure that they took advantage of being a member of the class without actually being named as plaintiffs. One time, people thought it was a smart move and right thing to do it, even though this reporter suggested to the people to wait until August VB was released.
    Currently, these early filers are literally going through nightmares, hardships, and sleepless nights because of the two reasons. The first reason is that their cases have been on hold and no Receipt Notices have been issued. The second reason is that recently the USCIS revised its rule (1) allowing the adjudicating officers to exercise a discretion and issue a RFE with the response time of less than 12 weeks and (2) to exercise a discretion to either reject or deny a petition or an application without issuing RFE when the "initial evidence" is missing in the filing. Combination of these facts is currently creating a turmoil to these filers for the two reasons. There are some filers who submitted I-140/I-485 application without a sufficient documentation in haste, for instance, medical report, or other flaws in the submitted evidence. These people are restless not knowing whether their application could be rejected or denied, indeed a truly deadly consequences. The circumstances force them to wonder whether they should refile the petition/application before August 17, 2007 not to take any chances. There are, however, two hurdles to such decision. One is the recent denial of I-140 petitions by the adjudicators if the petition was not accompanied by the "original" labor certification. The another reason is no fixed rule or policy on the filing of multiple I-485 applications. This creates a fear that their second filing may also be rejected or denied. They are thus trapped! The second victims are international travelers. If the application is either rejected or denied and they are present in the U.S., they will be able to refile it after correcting the flaws in their initial evidence before August 17, 2007. However, when they are not present in the U.S., they will be deprived of such opportunities, which may be considered "deadly." Some people are still present in the U.S. at this time, but because of business or personal emergency, they will have to travel outside of the country using their H-1B/H-4 or L-1/L-2 visa. If their cases are rejcted or denied during their absence, they will not be able to refile it timely before August 17, 2007. They are trapped again! Their act which was considered a right thing to do to one time turns out to be a nightmare. Who would have anticipated the nightmare?
    We urge the USCIS to consider the following actions to relieve these applicants from the unnecesary hardship:
    Under he RFE/NOID Flexible Timeframe rule, a decision to reject or deny without a RFE remains a "discretion" of the individual adjudicator in each case. This reporter proposes that considering the unusual circumstances involving the July VB fiasco and the USCIS unusual remedial action at the last minute, the USCIS exempts these filers from the rule and make it mandatory to issue RFE before rejection or denial unless the following flaws are found in the filing:
    No filing fee checks or flaws in the filing fee checks
    Missing signatures in the forms
    Missing forms
    Missing underlying certified labor certification application for I-140 petitions (either original or copy).
    Should the filers decide to refile it before August 17, 2007, the USCIS should accept a copy of the certified labor certification application rather than rejection or denial of the refiled I-140 petition. In fact, it has been the INS/USCIS tradition to accept I-140 petition with a copy of the certified labor certification application inasmuch as the original was on file with the agency, albeit in other file of the same applicant or other applicants. Accordingly, it should be a matter of adhering to the tradition and to instruct the adjudicators not to reject such refiling on the issue of a copy of the certified labor certification application. Additionally, inasmuch as there is an evidence that the labor certification has been certified by the DOL but the applicant was unable to submit the original or copy because the application was lost or yet to be delivered to the applicant, such I-140 which was filed during the period should not be rejected or denied. Again, it has been a tradition of the agency to request a duplicate certified labor certification from the DOL by the agency itself when there was a proof of certification. We urge the USCIS to exercise the discretion and instruct the adjudicators not to reject or deny I-140 filed during the problem period for the reasons of missing "original."
    Foregoing actions will relieve these filers from most of the nightmares or status of being trapped. It is thus strongly urged that the leaders of the USCIS extend a compassion on a human level and exercise a discretion immediately to take the foregoing actions. This reporter has been receiving hundres of emails from these filers and had to share the pains and emotional despair since there was no answer to the foregoing issues under the curcumstances. Since the deadline of filing is August 17, 2007, the USCIS should swiftly release an announcement to relieve these people from the problem "effectively." On behalf of all these trapped, this reporter personally pleas the leaders of the USCIS to act quickly.



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  • Jaime
    09-04 05:17 PM
    Someone asked earlier, who changed their mind after reading Jaime. I did after one of his earlier posts.
    I was decided on not going, but then as I spent more time on this forum, I realized it is definitely the right thing to do. If not us speaking up then who? Simply answer that. How do lawmakers even know that we exist, that an injustice is happening to us, that we feel frustrated about our situation. They keep getting lopsided anti immigrant venom from some well organized and well funded groups and keep hearing about illegal immigration. Our pain however has resonance with them. We played by the rules, we came and lived legally at the invitation of our AMERICAN employers and the US gov't certified that there is no one to take the jobs we are doing, we paid taxes, we have integrated into society and we are asking, why are we being made to wait this long?
    What's to feel bad or shy about in that?

    I'll tell you something, those who are skeptical simply do not understand how this country works. It is a representative democracy and people pressure and protests and lobbying DO WORK. Otherwise lobbying would not be the biggest growth industry of the day. There is no other way to inspire change, and it has been, can and will be done. I have seen it time and over again.

    The final point I wish to make is, those coming to this rally have pre-selected traits. They are the pre-selected ones who are programmed to be successful in this country. They understand it and are proactive and entrepreneural and willing to spend, take risks, take a leadership, are responsible and will do the right thing. These traits have been and will continue to be rewarded in the long run in this country. I wish we can project that our community has many of these people.
    Those meek, follow the leader, risk averse, miserly, behind the back types, may have their little breadcrumbs but will never have the attributes to achieve anything of note in the USA anyway. They will continue to find lame excuses for their lack of progress.

    Every reader needs to decide for himself which type he/she is.

    Alterego, what great news! You WILL NOT REGRET coming! I totally agree with everything you say! At least we know that we will have stood up for our rights and we will be proud to tell our children that we did so!

    Besides, you are absolutely right. This country takes notice when people speak up! The problem is that that's not the case in our birth countries, and thus we are not hard-wired to speak-up! But if we make an effort we will definitely see the results! When people speak up and make a case for their basic rights then they are given those rights! But the rights will be taken away if we give them away, and the way to give them away is to remain quiet! This is a country where the fittest survive, and people will take what is yours if you do not claim it and/or protect it!

    We will make our voices heard, and we will end retrogression! But we cannot do it without us all joining together!




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  • Totoro
    05-28 06:07 PM
    Do you think this applies universally or just one off?

    Others have been denied. I sent this info to the lawyers to see if it makes any difference to our case.



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  • Jaime
    09-05 09:47 AM
    Hey guys, let's each try to change at least 10 minds between now and the rally! That would bring us great success!




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  • felix31
    07-25 01:27 AM
    to gc28262 and maddipati1,

    Thanks for listening, I googgled to see if there are others like me and how the mess was solved.. I dont want to have problems down the line when naturalization comes around.

    If it turns out that GC was indeed approved erroneously, I will return it and that goes without saying...but who can tell how long will re-instating of AOS take and also I wish to know how I can keep my H1 from being denied. Luckily I am still with GC sponsoring employer, but ...still, I did not need all this hassle..

    I know I have received approved RIR Labor in June 2004 (it was for the same category EB3 ROW), but I do not know if the company filed I-140 or not. I will have to dig up old contacts from the company and inquire...But that was 6 yrs ago and I am not sure where people are...
    Anyways, I will try to patienty wait to get the hard copy of whatever USCIS is sending to check for Priority Date, and if it is not what I expect it to be (Nov 2005), I will call TSC to inquire.



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  • rego
    02-13 04:06 PM
    hydboy77,

    This seems to be an entirely new issue. I think it deserves to have its own thread. Let the current thread handle the original issue.

    Thanks.



    Dear Administrator2\IV core,
    Just getting the provision to file AOS when priority date is not current without the other provisions that are related to pre filing AOS like "removal of semilar\same job restriction when using EAD\AC21" is not good. Dont get me wrong I understand how much the guys who missed out on the july fiasco want to prefile AOS and get EAD but without the provision to remove the restriction of same\semilar job requirement in AC 21 it (EAD) is useless. By now everyone knows that USCIS is heavily issuing RFE or denial notices for h1b transfer and extension. It is just a matter of time before USCIS starts issuing RFE or denial notice on EAD\485 as well. The prime candidate for USCIS to kick out people using EAD\485 is the same or semilar job restriction while using EAD\AC21. If everyone gets to pre file AOS without PD restrictions then USCIS will make using EAD as difficult as using H1b. Please fight for the removal of "same\semilar job requirement in AC 21" along with prefiling AOS so that everybody gets true relief and it really becomes a win win situation, otherwise it is a waste and will speed up uscis making life miserable for EAD workers.




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  • dagabaaj
    09-25 10:05 AM
    The mere mention of Fragomen makes my blood boil :mad::mad:. This law frim is the most useless in my opinion. They have no concern for their eventual client. My labor application was rejected :( because of the inefficient ppl at Fragomen. Their attitude was still so casual as if nothing happened. I am forced to use them but I would not recommend this Law firm even to an enemy.



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  • nat23
    06-26 12:02 PM
    Looks like "Yes" are more.....dont know the exact count




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  • psk79
    07-01 10:11 AM
    I received Card Production Ordered email today for my EAD renewal. I hope I get the EAD for 2 years. Will keep you guys posted on the EAD validity once I get it.

    I got the same email this morning and status said EAD was ordered on june 30th.
    I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...



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  • venkygct
    06-10 02:16 PM
    Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)




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  • fide_champ
    08-06 10:32 AM
    I m a new applicant for EB 3 gc born in india.....just starting my process......with my PD being sometime in later half of 2009,do u think canada is a better option?......EB 3 india right now looks like a good 10-12 years wait time!!.......pls advice about canada immigration and is it a viable option?

    You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
    1. Get a Ph.D, get a job in a univ and apply in EB-1.
    2. Get a MBA and get a management job and apply in EB-1.
    3. Become a religious worker in some temple and apply in the religious worker category.



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  • ocpmachine
    09-25 11:41 AM
    Guys who got NOID/Denied 485, quick question.

    Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?

    For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?

    PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.




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  • radhay
    07-20 06:08 PM
    Hi i feel your pain. I think you should look into writ of mandamus which people having been filing for FBI name check issues(i am one of the victim). You will need support of employer since this is employer's petition.

    Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.

    But we will need enough support to gather a critical mass and start things rolling in the right track.

    So can we have a online form where everyone affected can sign in? How do we do that?




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  • godspeed
    06-24 10:42 AM
    answers inline

    Trying to apply AP for spouse, his last entry into US was on F1 but since then he's been through H1 and current status is AOS filed. Should the Class of Admission be F1?
    Whatever he used last to enter US, in this case F1(class of admission will be mentioned in the i-94 stamping

    Which I-94 copy should be attached, the one that was stamped when he last entered US, or the latest I-94 he received from his last H1 filing?
    I would attach both copies to be on safer side and avoid any RFE's,however i have never sent i-94 copies. Please take a look at my blog for list of documents/cover letter for AP. Hope you find it useful

    Thanks in advance ..




    mhathi
    05-17 12:10 PM
    Done! Thanks for everyone's efforts!




    bkhorrami
    07-04 06:45 PM
    Good News indeed, but to be frank it just doesn�t excite me even a bit. After being stuck for over five years and getting nothing at the end, I reserve the right for myself to be skeptical and pessimistic!! :-( --Sorry
    There are certainly anti-immigration groups like IEEE/US and others who will use every weapon at their disposal to sabotage legislations like SKIL BILL etc., but the reality is that US economy is increasingly becoming dependent on foreign-born skilled workers and by gradual exit of baby-boom generation out of economy this trend will accelerate.
    I hope Congressman Senssenbrener doesn�t dismiss the legislation. It is just unfair to link the immigration issues of Merit-Based Immigration Applicants to border security.
    Please let us know what we could do to help the process.
    Regards,



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