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  • p_kumar
    07-09 06:40 PM
    Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.

    That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:

    BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)





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  • nkalpana
    01-31 03:40 AM
    My husband's petition is from a reputed company, and its an L1 blanket petition... the petition approval date is somewhere in Nov. 2007... does this mean that it would take a long/short time to update in PIMS?

    Am just trying to think loudly!

    Regards
    Nk





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  • purplehazea
    05-09 11:56 AM
    Diana,

    It makes sense to file concurrently only when PD is current. Otherwise it is like applying for your citizenship before getting your GC!

    In other words I do not understand why your lawyer wants you to file concurrently when your PD is not current. Just to collect his fees? Maybe. He is at least right aboout the fact that USCIS will do nothing with your I485 application unless your PD is current. So I would just wait till your PD is current. You can still file for your I140 and wait for that to get processed.

    Regards,
    PH

    I am not an attorney, so you will appreciate that any reliance is at your will.





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  • Ramba
    11-25 06:36 PM
    Good advisory discussion. It is scary. I have a fundamental question. I heard that foreclosure and bancrupcy that is not easy anymore. A guy owe a mortgage loan for 100K, and not able to pay and forecloses it. If the bank aution the house only for 50K, he has still pay remaining amount (50K) to the bank. He cant just walk away, unless he files bankrupcy. Is that true?



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  • like_watching_paint_dry
    06-14 12:08 PM
    How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.

    I cannot help but point out a flaw in your case: You say that your technical skills is a common one. Yet you don't seem to have an issue that you have applied in EB2 - exceptional ability / advanced degree. At this time, you are likely holding a H1B status - a speciality occupation visa. Something does not add up now, does it?.

    However, I'm with you on wanting to stop L1 visa abuse (and H1 visa abuse as well). There needs to be a more definitive way of knowing L1 visa is being misused to replace US citizens and green-card workers.





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  • doc_desi
    02-11 12:02 AM
    Hi Shweta:

    First, don't panic :) I doubt there's anything we can do about it at this stage. I'm in exactly the same situation (interview at the Delhi consulate on the 22nd, response - administrative processing, and the consular officer had told me that I'd get it in a week).

    According to my lawyer, our cases have been sent to Washington for security clearence. And based on the feedback she has been getting, it is taking about a month. The embassy cannot issue our visas till they hear back from Washington.

    So I realize that it totally _SUX_ but there's nothing we can do about it. So just chill and wait..

    s

    bepositive,

    in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!

    NOT SURE WHY ?? this delay is ??

    i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?

    -shahuja



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  • eb3_2004
    08-20 03:00 PM
    It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

    Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?

    or

    2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

    If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.



    Suggestion to go via AILA is a good one, but do we have contact into AILA??

    I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???

    Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.





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  • gc_on_demand
    01-05 12:38 PM
    None of country gives direct citizenship without residency card. Except some extra ordinary cases.

    Even local US people will oppose it. Day you become USC , more responsiblity on govt. Not only money wise but so many things govt need to give you as USC.



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  • hsingh82
    06-13 01:49 AM
    Keep up the good work L1fraud!





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  • trueguy
    08-21 01:00 PM
    I think it would be fair to split the leftover numbers the same way they split whole year quota.

    50% of leftover should be given to EB2 (based on PD) and 50% of leftover should be given to EB3. Does it sound fair?



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  • sri1309
    03-10 12:11 PM
    VERY GOOD START. Thanks. Atlast, I am getting lot of positive comments and thoughts about the Citizenship. Let every one start working on this. Please post your response from your Senetor on your call.

    Sarala,

    Good job in creating the thread. Around the time when you started this or little before I too created one more asking Citizenship (I'm sure many more might have, too), but I would like to push your thread just to not divert attention to too many spots.

    We will make next week as a "WEEK OF ACTION". If you see my other thread ("can we send Pizza" thread) and many others, the common routine is to get many good ideas, but not much action.

    We will gather as much support as we can till this weekend and at the same time make sure we consolidate the contact information at one place who to contact, and then starting next week, we can start sending out our message as loud as we can.
    We must push for 5 years GC and 10 years Citizenship. I know how much painful it canbe for someone after 11 years waiting for GC, wheras others with 6-7 years in US applying for Citizenship. Not that they got it, but why we did not get it.
    And we will focus on points how we can contribute in this crisis.

    Others who are directly not benefited by this action:
    Please note all your seniors will be out of the queues and you will get your numbers faster.





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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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  • SunnySurya
    08-07 09:50 AM
    The moment I get sufficient number of people I am going all out.
    But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.

    Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.

    This goes on to show there is no community. If there is not community then I have to look after my interest.





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  • syedn
    09-09 09:04 AM
    I wanted to put down the various steps I undertook or have happened since my PD got current in hopes that it might help anybody...

    PD: Nov 2005 EB2 @ NSC got current in August.

    We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.

    The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.

    In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.

    My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.

    My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.

    Thanks IV for a lot of useful information. All the best to everybody.



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  • indigo10
    04-05 06:01 PM
    Good that they are not waiting until July bulletin, like what they did for the past few years !!!
    anybody knows why ?





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  • krishnam70
    01-14 01:41 PM
    For those wanting to personalize it a little bit.


    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20510

    Dear Mr. President:

    I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve our quality of life.

    <insert personal blurb here>

    Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    “The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,

    Why not an interim AP or ability to travel using Original AP receipt before the actual AP arrives? The AP issue does cause a lot of disruptions in planned vacations or also in cases of unplanned emergencies.

    Sending my Letters today.. written and stamped up



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  • gc_on_demand
    09-15 01:53 PM
    Bump





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  • nkalpana
    02-27 02:29 AM
    Hi Stuck here...

    So you should change your ID now!!
    Good luck!!

    Regards,
    NK





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  • SunnySurya
    08-07 06:19 AM
    Easy for you to say as u already got your green card.

    I could not resist from writing this post-[I]

    Concentrate on action items and work harder than ever, which can bring a great relief to entire EB community. It does not matter how many times we failed or succeeded, every attempt we are an inch closer to our ultimate (IV) goal.





    willwin
    08-08 09:27 AM
    I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?

    If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?





    waiting4gc02
    05-17 08:17 AM
    Guys:
    Here is my scenario :

    We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.

    I am going to apply for I-485(both) next month and EAD for my wife.

    My questions are :

    A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?

    B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
    Do we have to use AP only if we want to travel, once we have filed I-485 ?

    Thanks for your time.