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  • glus
    07-11 07:13 AM
    Posted by the Journal News

    Visa mix-up brings flood of flowers in protest
    By LEAH RAE

    Hundreds of legal immigrants are resorting to a new tactic this week in their pursuit of green cards: sending flowers to the head of U.S. Citizenship and Immigration Services.

    The publicity stunt follows lobbying efforts and lawsuits protesting a sudden change in the rules that govern employer-sponsored immigrants. After rushing to submit green-card applications by July 2, the immigrants were told at the last minute to keep waiting.

    Notes being delivered to Emilio Gonzalez, head of USCIS, along with the bouquets skip over the pleasantries and speak directly to the bureaucracy.

    "Kindly do not return our I-485 petitions in July," the messages say, "and honor the original DOS visa bulletin."

    The dispute concerns a U.S. Department of State bulletin from mid-June, dictating who could apply for an immigrant visa. The application is the final hurdle in getting a green card, or permanent residency. Because of a backlog, immigrants spend years waiting their turn, but the unusual June bulletin gave most job-based immigrants the go-ahead to apply.

    Jakub Gorecki, who lives in Spring Valley, hurried to get his paperwork together in time. The thick packet of documents - medical exams, vaccination records, a birth certificate from Poland, a $325 application fee - was to arrive July 2 at USCIS, he said.

    But that morning, a new bulletin came out, canceling the offer. No applications would be accepted until the new fiscal year in October.

    The reversal sent Gorecki and others back to a limbo state.

    Continued at..

    http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350/1026/NEWS10


    This is about me. I was photographed yesterday!!





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  • singhsa3
    08-06 08:13 PM
    Where will this road take us?





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  • laborchic
    11-06 06:07 PM
    Sending my letters this evening. finished everything moments ago..

    friends: This is the time to act. I havent yet used AC21 but god forbid if I have to use it in this economy I dont want to be in this mess.

    Sorry for the folks who received denials and hope we come out this together..





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  • snathan
    04-01 03:06 PM
    Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"

    You made my day...:D



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  • pbuckeye
    04-01 03:41 PM
    Ron posted similar message:

    Process after NVC receives the checklist (http://www.immigration-information.com/forums/family-based-immigration-10/process-after-nvc-receives-the-checklist-13802/)

    Re: Process after NVC receives the checklist
    They generally request payment for cases that are within a certain interval of being current. For example, yesterday, we received a fee bill for an India EB2 case with a September, 2007 priority date that has been pending at the NVC for several years.

    Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.

    Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?

    Perhaps he meant September 2006.





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  • anotherone
    01-30 10:58 AM
    now ford, gm, capitalone and I'll post mine when i hear about the explanation from legal.

    i dont know if u can sue without much written proof, or if they refused to interview you. but if you do have an interview etc., and some written proof, we may have something

    a class action lawsuit ? if a lawsuit is expensive i am sure there are some lawyers who take on cases either probono or we all pool in our money and do something...



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  • pappu
    08-21 10:49 AM
    >> any unused visa should be given to the oldest PD irrespective of Country/Category...
    What is the legal basis to back this claim? Probably this should be included in the letter as well.


    _____________________________________________
    Proud to be an Indian-American and Legal Immigrant

    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.





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  • vbkris77
    01-05 12:16 AM
    Very true. Another advantage is, Citizenship doesn't have any number limitations. It will also help people waiting for GC as the queue gets even shorter. Instead of making it 10 Years from first port of entry, if it can be made as 5 years from say Priority Date for Green Card, it will cover many more people. Technically the person expressed intent to live in US after accepting a perm job. It is admin processing and Visa number limitations that are preventing the person from becoming a perm resident. So the change be sold as proper interpretation of the law because of changes in the circumstances but not really opening a flood gate for citizenship.



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  • SunnySurya
    08-07 12:51 PM
    Point noted thank you!
    SunnySurya -

    I suggest, you should seriously consider discussing above legal point with your lawyer. I hope you agree with me that in legal court, rationality wins whereas emotions lose.

    Good Luck!


    Disclaimer: I am green card holder for 6 years and personally this issue does not affect me.





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  • pappu
    09-16 08:24 AM
    Received 'card production (green card)' approval e-mails for both me and my wife this morning.
    IV leaders and IV Texas State Chapter can still count on my voluntary involvement. I love walking through the walkways of the Congress House and the Senate, especially the tram that connects the House and the Senate via the tunnel. ;)

    Congrats



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  • ramhs
    06-28 09:56 PM
    My attorney is planning to send out the paperwork on June 29 to reach by monday july 2nd , is there any problem to this, is there any risk involved in sending on 29th, is anybody else doing this ? Please respond, this is urgent.





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  • saileshdude
    09-15 06:02 PM
    Actually I want to know how we can check that our I-485 is associated with EB2 and not EB3. Is there a code for this on I-485 application?


    Did you check if you are under EB2 or EB3 with USCIS?



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  • whitecollarslave
    04-17 04:13 PM
    I think you may have confused them by stating that you possess a H-1B and a valid EAD. You need to get H-1B out of the picture. Assuming you have AOS pending, you don't need H-1B to be in status.

    They way I read the email, it clearly states that if you are on H-1B you are not protected from citizenship status discrimination. However, you are not complaining about discrimination on your H-1B status. You are not asking for sponsorship. I think you need to forget that you have H-1B. That is completely IRRELEVANT. Once you use your EAD, your H-1B is automatically invalidated. You need to say that you have have EAD and AP (with pending AOS). Whether you have EAD/AP because you are EB immigrant, FB immigrant, asylee or refugee SHOULD NOT MATTER.

    My suggestion is that you don't give up. Call them and explain them again by keeping the H-1B status out of picture. Somebody denied you employment based on the fact that you have EAD. You have EAD for work authorization and pending AOS as legal status. Thats all you need. Remember, that you can be in the same situation of pending AOS and EAD even if you are not on H-1B. Your current H-1B has nothing to do with this. If I were you, I would file the charges.

    In addition, you may want to contact ACLU. They might be able to line up a lawyer for you. Although, I think they will probably just advise you to file a complaint to OSC.

    If you want to talk with me on the phone, PM me.

    PS: I am not a lawyer.





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  • logiclife
    07-09 07:19 PM
    The message no longer appears on USCIS portal now.
    I think they are reading our portals:)

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

    Its still there.



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  • mariner5555
    10-17 07:34 AM
    One way to end his mis-information is to make a list of the companies who advertise on his show. After that we need to communicate with these companies about the lies he spews on his show and also threaten to boycott all their products, if they continue to sponsor his show.

    Remember, I can't make a difference, you can't make a difference. But both of us can certainly make a difference.

    my views exactly. this is what works in usa ..send letters to companies that sponsor his show. thats how it worked in don imus's case. if all immigrants boycott those products which sponsor his show ..dobbs will start fitting in his shant





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  • Jerrome
    09-24 04:37 PM
    All the calculations are based on the following assumptions

    a)Number of EB2(ROW) Labor approval from PERM would be in the range of thousands, say maximum 5000.
    The reasons are
    1) Increased Audit and backlog built by PERM system
    2) Bad Economy.
    b) Spillover to EB2 would benefit india more than China.

    But even if 50% of pending PERM are cleared this year then the # of EB2 would be more.

    So every EB2 should pray that the PERM system should work in the same pace for next 1 year.




    But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..

    All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.



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  • sanjayb
    09-25 01:09 AM
    J.BARRET:

    sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
    Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
    Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
    InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
    sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13 -- Received Receipts
    Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
    Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
    rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
    GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
    rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
    123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
    aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
    nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
    jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
    gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
    srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
    realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
    vg1778 - 2nd July/10:25/FedEx/J.Barret/NSC/140/No CC/No RN


    R Mickels :

    giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    pareshtyagi- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
    sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
    smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
    gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
    dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD
    trajendrababu - 2nd july/9:01/R. Mickels/NSC/No CC/No RN


    F HEINAUER:

    cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
    cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC


    R.Williams :

    Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM
    doshhar-2nd July/2:02PM/ R.Williams /I140 -TCS/ NO RN NO CC - I-140 LUD 08/05
    buckeye98 - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM

    C UHRMACHER :

    Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
    nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC

    Other -

    zdong -- 2nd july No check encash/No RN
    HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
    mashu -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
    abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05
    i99 -- I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN
    vikramy-- 2nd July/I140 TSC/ No RN No CC
    sivanu -- 2nd july/I140 TSC/No RN - 140 LUD 7/28
    kcham -- 2nd July/8:45am/Pitcher/I140 TSC/No RN No CC



    Applications are returned:Incorrect filing fees :

    noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC





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  • soni7007
    08-07 02:03 PM
    Let's file a lawsuit against whoever started this system..LOL

    On a more serious note, Can I port my red dots to green ones after i have been in reds for like a month? I won't be surprised if someone actually starts a thread with this kinda issue here.

    I think this red dot green dot thing is the silliest thing to be carping about. It appears that a SIGNIFICANT number of posts in all threads are about this red dot green dot stuff.

    Why do we care about this red/green dot nonsense? Does it really affect anything in the real world?





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  • chanduv23
    01-10 06:07 AM
    Campaigns are good. But to solve this problem we have to go back to the basics of human nature, specifically how or what motivates politicians -

    1. Votes
    2. Money, Fame, Power
    3. Good publicity or fear of bad publicity

    We can not give #1 or #2 to the politicians. So our only option is #3. This was the reason why the flower campaign had worked, they feared bad pubilicity.

    Again, they will not move even a single inch unless there is some motivation and as I said above our only option is #3.

    And for doing #3, the community must cooperate.
    If you have noticed, IV has done various campaigns in the past, though results are not guaranteed, enough publicity and buzz has been created and now we have more people uniting.

    It takes time for big things to happen.

    Mountains can be moved only by motivation, in fact #1 and #2 can never move mountains.

    in 1970s, America opened up green cards to doctors, engineers and chartered accountants from India. A lot of doctors migrated that time and after a while there was heavy resistance from local people but govt cannot stop people from coming, so they implemented harsh rules to appease locals. One such rule was, even if you are a professional - you cannot take a job offer without going through the employment exchange. And in the employment exchange the job they give does not necessarily be the job that you can do. This discouraged new people and many people went back though they had green cards because they did not want to ruin their careers. Everything was good till you land here and no one told u about this situation. People never realised it till it hit them hard and as usual our community is scared to rise and no unity and no one speaks the truth, everyone just painting a rosy picture that they are doing great.

    So, I would only say "Don't look at the result", just keep doing the effort. Try to build trust among the community. In fact you will be surprised to see that it is easier talking to the govt to help you rather than talking to the many unmotivated people who want benefit but are not motivated to do something about it. Keep those people in mind and do somehing to change their minds and set an example.





    cbpds
    04-05 04:51 PM
    If I am not wrong, buffering wud be to take in new 485 applications, process them and keep them ready.

    In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.

    If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.

    20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)





    grupak
    03-25 04:24 PM
    Yes, "Interviewing" is not written there. And we all know that "Recruiting" or "Hiring" is not equivalent of "interviewing"

    The employer will come up with many excuses to not interview a candidate or hire. If the law doesn't allow you to discriminate when hiring based on national origin or EAD or whatever, rejecting candidates even for an interview doesn't make sense.

    Interview is part of the hiring and recruiting processes. Would you say employers putting a job ad saying we will only interview someone from a particular nationality is allowed?

    However, the more important point is we are fighting to get multi-year EAD in IV among other things. The law doesn't allow discrimination based on EAD for hiring. Let the govt lawyers and employers figure it out if not even interviewing candidates because of EAD comes under the purview of hiring or not and if it is legal or not.



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