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  • octoberbloom
    01-12 03:27 PM
    Try Senator/congressman + Ombudsman inquiry now. If you do not get a response or nothing happens, contact me. Let us see what we can do for people who are current since a long time.

    Hi pappu,
    I am planning to send a letter to Ombudsman DHS-7001.
    Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
    Receipt date: July 9th, 2007
    Priority Date: July 19, 2001. EB3. India.
    What reason can I write for "Description of your case problem"?
    Can I just mention that I am about to incur significant and unusual costs because of this delay?

    I just wanted to give a try and see if this trigger my case. Please advice.

    Thanks,





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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.





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  • rajakannan
    06-26 08:56 PM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all applicants...so that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??





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  • lostinbeta
    02-02 11:48 PM
    I voted ;)


    It was a tough choice between Soul and Eilsoe, but I chose my choice and voted.



    all were excellent entires though.



    Bravo.. Bravo







    :evil:



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  • ken
    10-03 02:18 AM
    Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.


    e filed on Sept 23 and approved on Oct 2





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  • GCKaMaara
    04-20 10:04 AM
    Very good initiative.

    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."



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  • arihant
    02-21 01:02 PM
    Has anybody heard the story of the canadian skater who was allowed to become a citizen in an expedited manner (she had one more year to go before meeting the 5 year criterion for eligibility after GC) just before the olympics. Actually, I think she won a silver medal at the olympics for the USA.

    Anyway, from what I hear, she had gotten her GC in 2002 and had been living and training in Detroit with her american skating partner. When she decided to participate as an american, but was not elibible to apply for citizenship until 2007. So, she contacted a lobbyist to help her with her case. The lobbyist was able to convince a michigan senator (not sure who this is) to help. The story is that the senator was able to include a measure in the bill signed by the President in Dec to make it legal for people in the situation such as the skater to apply for citizenship even when the 5 year period is not complete. The measure got passed when the president signed the dec bills.

    So, they filled her application, got the immigration services folks in Detroit to come out during the chrstmas holidays specifically for her, and got her the citizenship in time for her to get her passport for the games.

    So, my point is...if it is legal for the lobbyist to help her (a non-citizen) with her immigration case and it was legal for the senator to introduce the measure, why would it be deemed illegal to do what we are attemting with our lobby firm and our efforts to meet and talk to the senators and congress people?





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  • h1techSlave
    11-30 01:20 PM
    The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.

    If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.

    IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.

    Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.



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  • sheela
    02-21 11:26 AM
    Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
    Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?

    Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.

    I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.





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  • malaGCPahije
    07-25 11:07 AM
    I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.

    I met a guy yesterday who applied for GC in 1998. EB3-I. Has not got his GC yet. You would expect him to feel worse than what you feel. But he was completely relaxed. Reason, he does not expect his GC anymore.

    Be happy that your PD is going to be current. But remove any expectation. If you get the GC, enjoy and party. If you do not, you will get it soon sometime later. Once the expectation of something is out, you will suffer less.



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  • pady
    08-20 09:07 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.





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  • trueguy
    10-12 07:53 PM
    There are not many EB3 approvals so far. It means USCIS doesn't have many cases in their inventory with cut-off date of Oct'08 VB so I hope DOS move the EB3 cut off dates forward in Nov'08 bulletin and more cases become eligible.



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  • eb3_nepa
    11-08 04:26 PM
    EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days

    AP is sent to the lawyer if you filed the G328





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  • prakgc
    11-26 08:01 PM
    Whom did you talk to? Was it is IO?

    I did receive a letter from USCIS for my SR stating that they will be sending me a FP notice soon last week. I am still to receive it though. But while i opened the SR for me and my wife it only mentioned my name on the notice.

    Perhaps we have to open 2 seperate SR's for me and my wife?

    Does anyone know how long it takes to receive the FP notice after such a letter which acknowleges your SR request?


    Nov 13th. Recd FP Notice Nov 19. Appt next week. Notice created date is Nov 13.
    Got a real nice lady on the phone who mentioned that FP should be coming soon and may have been delayed due to TSC-CSC-NSC transfer, which made the "actual" receipt date at NSC Oct 15 instead of July. She said she would put a request in the system to get FP scheduled soon. Not sure if the call had anything to do with it or not, but looks like notice got created same day.
    Good luck to all.



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  • spindoctor
    07-19 06:31 PM
    I think remove "cruel" word from title.

    That was an attempt at humor. Looks like it was misunderstood. :)





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  • GC4LI
    04-22 05:30 PM
    I completely agree with JK...i work here in Phoenix in a construction company, and many of the legal immigrants (including Latinos, indians etc....brown skin people) have started to worry about this bill becoming law....every other person in our company have experienced what this would bring us....
    We have been working in various cities here in AZ, and travel is a must for us...
    Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
    Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
    what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......

    I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
    I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????



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  • chanduv23
    10-10 11:05 AM
    After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....

    H1b body shopping is not a proper business model, these people are utilizing the loophole in the skilled immigration system and making money and become rich overnight. Once the loophole is closed, they cannot survive. They do not have a business model or skill. Same goes with the Attorneys who associate with them. In fact it will get worse for those Attorneys as big companies only go to big law firms.

    Those who worked hard in their career path will never resort to such business model.

    What comes easily and fast also goes away easily and fast. Lets not worry much about them.

    A lot of hard working skilled workers do work with consulting companies. These people must know how to deal with these companies.

    I am contracting at a Startup - since its inception, I report directly to the company's boss. I see him go through so many things trying hard to beat competition, funding, road blocks, beurocracy, lobbying for clearances, marketing, it is extremely tough to come up with innovative business modal and then survive, but the best of the best survive and make it big. People learn quickly from mistakes and work their way up the ladder.

    The bodyshoppers do not go through this, they have just sprung up in thousands, figured out it is easy money. They never realised that things change and they must know how to survive these changes - and most of them wont.

    It would be interesting to see how Infy, Wipro etc... will do business when $ == 32 Rs, they will start looking for offshoring to African countries where $ is cheaper.





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  • transpass
    02-23 02:16 PM
    I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."

    I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?

    Thank you!!

    Sometimes, Indian passport has spouse's name entered...May be that should help also..





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  • snathan
    02-28 02:18 PM
    ...It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed.

    I have nothing to be sorry for. I�m still paying my dues along with my family and we�re all grateful for the opportunity to redeem ourselves. It�s time we are recognized. I�m struggling with the principal of the matter. I�m not as bad as immigration is trying to make me out to be.

    The government is telling my family I am not an adequate person to form a family with in the U.S. because I was deported with a drug-related offence of more than 30 grams of marijuana, yet it is granting the 212(d)(3) Waiver for Non-Immigrant Visas to Aliens deported with a drug-related offence of more than 30 grams of marijuana and who wish to travel to the U.S.. United States Citizens need an Immigrant Visas Waiver available to their Alien Immediate Relatives deported with a drug-related offence of more than 30 grams of Marijuana in order to even the scales on both U.S. citizen and Alien immigration privileges concerning Deported Aliens with a Drug-Related Offence of More than 30 Grams of Marijuana.

    The way things are now U.S. citizens without a criminal conviction and with Alien Immediate Relatives are being discriminated against by their own government. The needs of deported Aliens with criminal convictions are being placed before their own.

    It�s pure hypocrisy and it�s my family�s and my name being placed on the line.

    I mean, really, how great can the U.S. be if it�s willing to lose their citizens to aliens like me when they decide to move outside of the United States to join their Immediate and shunned Alien Relatives? The U.S. government�s violation of my family�s civil human rights to liberty, freedom of expression and equality before the law is unwarranted. My U.S. family�s civil liberties to equal protection under the law, to due process and privacy are being discriminated against, they are not receiving fair treatment.

    Whatever the crap it is...This forum and its members can not and will not support you. So please dont waste out time.





    ronhira
    07-08 07:43 PM
    good one Ron Hira..this guy for sure is an odd ball leaching around here trying to create a controversy...

    eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....





    chantu
    07-25 01:07 PM
    My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.


    It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D

    Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.



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