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  • like_watching_paint_dry
    06-13 08:52 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    I think you are doing the right thing here. My question .. what are the typical signs you need to watch out for to determine L1 violations are happening? How do you collect information / evidence that ICE or USCIS could find helpful and act upon?





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  • senthil1
    08-21 08:08 PM
    I think the division of Eb2 and EB3 will be over when oct VB comes. Mostly Eb3 will go back 2003 or 2004 and Eb3 date may be 2002. At that time there will be unity.

    We got another 20 days..want to send out flowers..to whom??.what message??.





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  • beautifulMind
    09-24 08:59 PM
    Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.

    One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.



    But I have already taken the promoton on Jan 2009 (raise and change in job requirements since I filed perm) and moved to the new eb2 position...I dd that after a year and half from eb3 485..... the job is same/similar but requirements and skills have changed

    but as you mentioned
    I should stll be ok and just make sure I interfile 485 after 3 years ?





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  • ilwaiting
    06-29 05:41 PM
    Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?

    It is going to be true. otherwise mathew wont shut down his work and post that AILF is going file law suit.

    I am suspecting that they made current because of lobby made by some big heads inorder to get support to pass the immigration bill.
    Since the immigration bill failed, DOS is going back to retrogression.



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  • caliguy
    10-21 07:25 PM
    Yeah, I believe we still have people from 2004 waiting (and that includes me!!)

    Here are some ways of contacting USCIS - Immigration: 12 Ways to Contact USCIS and FBI to Check Case Status (http://immigrationroad.com/green-card/contact-uscis-fbi.php#)

    Good luck to all!

    There are plenty of folks waiting approval like you including me as well... If your attorney has followed up with USCIS and if u have created an SR, thats probably the best you could do to let USCIS know that they shudn't b sitting on ur case...

    Lets hope for the best.... Keep us updated if u see an LUD or get an update...





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  • priderock
    06-18 10:25 AM
    Hi everyone,

    I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.

    Thanks

    My lawyer only asked for the W2 ans tax returns for the last two years. I think the latest two to three years shall be sufficient unless USCIS asks for all specifically.

    Are there any instructions specifically asking for W2s and returns for all years of your stay ? or every one is including all they have just to be safe.



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  • ndialani
    10-26 02:13 PM
    I couldn't believe. Got CPO and Welcoming New Resident emails for me and my son after 10 years.
    All Glory and Praise to my Lord Jesus Christ.
    Got the Text message on my mobile on Thursday Oct 22, at 7:45 pm. But didn't see it until 23rd morning at 9:00 am. Went to church on Thursday morning, and Friday morning, and prayed ardently. Came out of the church, and just opened my cell phone, and saw the text message from uscis saying "Your case # is updated. check 'My case status' on USCIS Home Page (http://www.uscis.gov)... ".
    Got the email also on Thursday evening, but saw only on Friday morning.
    Mine is at TSC, spouse's moved to local USCIS a few months back, for an interview.
    Went to local uscis at 3:35, but it was closed. Hope my spouse's case also approved soon by the end of this week.

    Thanks a bunch to IV, will continue to give my support to IV.

    Cali: I called that # and spoke to the rep..
    [/QUOTE]

    Congrats! Fatjoe!!!
    What was your SR Response from CRIS?





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  • smitha
    07-09 10:09 PM
    I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right?
    Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers.
    I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.

    For your information

    Smitha
    EB2 India
    PD-2005-May
    I140 approved-Sept 2006

    I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).

    However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs?
    Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.

    If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.

    This is just a suggestion. If you like follow it, otherwise ignore.



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  • drirshad
    02-25 01:55 PM
    www.oh-law.com

    Comprehensive Immigration Reform Act of 2006

    02/24/2005: Sen. Arlen Specter's "Comprehensive Immigration Reform Act of 2006" Draft

    AILA has obtained and summarized the draft of Senator Specter's draft of Comprehensive Immigration Reform Act of 2006, which will be introduced in the Senate Judiciary shortly (March 2, 2006). This is basically a Republican bill that put together various pending bills with some adjustments, such as the PACE Act, McCain-Kennedy bill, and other Comprehensive Immigration Reform bills. We are happy to report that when it comes to the employment-based immigration, this bill incorporates the following key elements:
    Recapture of employment-based immigration visa numbers since FY 2001
    Exempt from the employment-based numerical limitation of the spouses and children of the EB immigrants
    Exempt from the employment-based numerical limitation for (1) the advanced degree holders in Science, Technology, Engineering, or Mathematics with 3 years of work experience in the major fields in the U.S., or (2) National Interest Waiver EB-2. (For comparison with other bills, please revisit our summary report on 08/18/2005 in the Breaking News Archive.
    Increase of employment-based immigrant quota from 140,000 to 290,000 with the allocations in EB-1=15%, EB-2=15%, EB-3 Skilled Worker/Professional=35%, Other Worker (Unskilled)=Upto 30%, and EB-4 Investor Immigrant=5%.
    Special green card eligibility for the U.S. Doctorate Degree holders under the new F-4 visa program in Mathematics, Engineering, Technology or Physical Sciences with full full-time employment
    Increase of H-1B annual quota from 65,000 to 115,000 or a market-based increase beyond 115,000
    H-1B cap exempt for those advanced degree holders in the fields of Science, Technology, Engineering or Mathematics (not limited to the U.S. degree holders)
    New F-4 visa for those pursuing advanced degree program in Mathematics, Engineering, Technology or Physical Sciences with the accompanying benefits of "intending immigrant" in certain cases, special handling labor certification application for immigration, and for the doctoral degree holders in the U.S., green-card eligibility
    OPT period change for all the F-1 students from the current 12 months to 24 months and off-campus employment opportunity unrelated to the filed of study on or off academic terms under certain conditions.





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  • NKR
    08-07 11:32 AM
    Ok guys, I got a bunch of red dots.. what more can you expect from people whose comments are as below...
    ********************
    bitch, wtf "Rolling_Flood"

    stop making dumb arguments. if you don't like this thread stay away from it.

    you have no clue who gives you reds and greens, don't presume. plenty of people quietly read and can spot out the rubbish. and no one can give two reds in a row, so i'm another person. Glad to see acceptance finally that PhDs are being disadvantaged

    ****************************

    1. Rolling_Flood, with this temper I am sure you are going to piss off your lawyer with whom you would be working (if at all you do..) on getting portability removed.
    2. �if you don't like this thread stay away from it." Lots of people disagree, that does not mean that only people who agree with you can post here. Also, how will I know if I am going to like the thread or not without visiting it?, everybody except a handful are posting something interesting, I like this thread



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  • RAJ_MD
    05-21 07:59 PM
    Friends,

    With the June visa bulletin, my priority date became current. My Labor and 140 already approved. When can I apply for I485? After May 31 or before May 31.


    Thanks for your help.

    RAJ





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  • CADude
    09-24 09:30 PM
    Dear Mr. XXX,

    Pursuant to our conversation today, I am forwarding the reply from the Nebraska Service Center of the U.S. Citizenship and Immigration Services (CIS) regarding our inquiry into your application for Adjustment of Status (I-485).

    Our office initiated an inquiry into your case as a result of your correspondence dated September 12, 2007 sent to Congresswoman Maxine Waters. If you receive or do not receive a notice of action from CIS within the next 30 days please notify our Immigration Caseworker, Blanca Jimenez at ext. 18.

    Thank you for contacting the office of Congresswoman Maxine Waters to assist you in this matter.



    Sincerely,


    Blanca Jimenez
    Constituent Services Supervisor
    Office of Congresswoman Maxine Waters (CA-35)
    323.757.8900 ext. 18
    323.757.9506 fax


    Good Morning Ms. Jimenez,

    I do not show that we have data-entered Mr. XXX�s I-485 yet. The I-485 must be in line to be data-entered because we receipted an I-765 (LIN-07-245-XXXX).

    The I485 application is still pending at this office. Although the Department of State Visa Bulletin indicated visas were available for most employment categories USCIS still has to adjudicate every application. NSC has approximately 26,000 I485 applications that may have a visa available and we are reviewing them as expeditiously as possible. This application is in line to be worked but it will take time. Please allow an additional 45 days for NSC to adjudicate the application. If you have not received a notice from NSC after 45 days you may submit another inquiry.

    Thank you,

    Congressional Liaison
    U.S. Citizenship and Immigration Service
    Nebraska Service Center



    Respected Ms Waters,

    Sub: USCIS inefficiency for Legal Immigration


    I send my I-485 AOS application to USCIS and received on July 2nd 2007 at Nebraska Service Center, Lincoln, NE.

    It's almost approx 75 days since the application received at USCIS and have not received the Receipt Notice or any notification from USCIS.

    I tried to contact Customer Service at USCIS. They don't provided any information. USCIS website updates show they are processing 08/01 or later for AOS application. They are not following the First In First Out(FIFO) order.

    I need help of your good to know the status of my I-485 application.

    Thank you,



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  • Bpositive
    02-09 04:35 PM
    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

    chennai consulate





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  • gc_on_demand
    09-24 10:58 AM
    There will be only 25 - 20k Spill for 2010. Given that India and CHINA Eb2 can cross mid 2006.
    It will take another 2 years for Eb2 to make C and then we can see Spill over to Eb3.
    If economy improves and we start seeing labor approval coming Spill be going to less and creating more wait time.

    Eb3 needs VISA RECAPTURE badly. Eb2 guys can wait for couple of years to get GC. but still 2-3 years in given economy is too risky. Bottom line is WE need VISA RECAPTURE in order to clean all mess.



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  • iv_only_hope
    01-11 01:53 PM
    http://helpniloufer.org/





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  • 485Mbe4001
    09-26 04:39 PM
    http://en.wikibooks.org/wiki/FBI_name_check

    if you have a name there is a possibility that you might get stuck :) thats about it...



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  • l1fraud
    06-12 06:59 PM
    THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.

    IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.[/QUOTE]

    Hi Chandu,

    Why should I reveal my identity?? Even the ICE Investigator with whom I am working has agreed for anonymity, In case you think that I am a american guy with anti-immigrant agenda I challenge you to set up a tele-conference where I can login without revealing my identity and I can prove my intentions, nationality or what ever you want ... (except for my personal details and specific violation details). I am here to fight a violation, please don't blame if you/your organisation would be impacted by this investigation.

    Regarding the process for complaining please go to the below link "http://www.ice.gov/about/investigations/contact.htm" and see the main office for your state and call the investigations office and they would provide you the contact no. for your local officer (most of the cities would have local officers, their office would be along with other customs and immigration operations) and you can contact him directly and he would provide you the details for lodging a formal complaint. Please let me know if you need any further information regarding the same.





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  • SunnySurya
    11-03 03:03 PM
    All,

    This is a non issue now for all practical purpose because of recent Job Zone change for Computer Information Manager.
    The porting to begin with was unethical in our mind and we took a stand. We were challanged by several people on this forum but they did not realize the extent of our convictions.
    Unlike others with their lawsuits Ideas, in this case we did follow up on this issue by contacting DOL in early September with our greivance along with a famous lawyer on our side. Enclosed is our letter to Secretary of Labor Elaine L. Chao and other senior officials. We would like to think that our effort has contributed to the recent change in the Job Zones for Computer Information Manager, as that was specifically mentioned in our letter.. This was not exactly our intention as we just wanted DOL to put some more control around the labor certification process especially for the ones who already have a labor approved. Hence our apologies for the unintended consequences of this effort on the future applicants.
    Thanks to these members who actively/morally supported us.
    GCtest, abhijitrajan, Abhinaym, computer_gig, django.stone, jindhal, jonty_11, kalinga_sena, Karthikthiru, kevinkris, Leo07, newbie2020, nilendu, pmb76, prioritydate, rahulp, Still Waiting, vkannan and several others

    Note:
    We have further indication that any research position may be upgraded to Zone 5.
    US educated may be viewed favorably espeicially in non IT engineering positions




    There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
    It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
    There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
    http://immigrationvoice.org/forum/showthread.php?t=20669
    The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.

    Following are the steps in making this a reality:
    a) Gather around 50 people
    b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
    c) Hold initial consultation with a lawyer.
    d) Decide as a team if we want to continue.
    e) File a class action suit
    Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.

    Notes:
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.





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  • 485Mbe4001
    08-21 01:05 AM
    You can dissect it a million ways from here to sunday, the fact of the matter is that EB 3 as a whole and E3 I&C in particular are messed up big time. We cannot sit twiddling our thumbs while we wait, most EB3s have supported most of the action items. What is wrong in exploring different options. we are not obstructing anybodys efforts. Vertical allocation or horizontal allocation doesnt matter, what matters for most is that there should be consistency in actions. They keep changing the rules every couple of months. if we know the number of people stuck in each category per year/per country we can come to our own conclusions and decide if we want to stay or go. There are greener pastures everywhere. Every year our lawyer tells us that its a matter of 12-18 months and you keep waiting...the only reason is that...we have been waiting so long, lets wait a couple more and see. i know some will immediately give comments like, 'leave sooner, one less family in the queue'..or..'port to EB 2 you ##$@'...to them i say i hope you are fortunate enough to avoid getting trapped in a situation like us.





    stuck_here
    01-25 12:06 AM
    StuckHere: As a backstop, do you have AP in hand? If yes, my attorney has recommended sending a letter withdrawing your H1-B stamping application to the consulate where you interviewed. Then with a copy of the letter in hand, and with your AP, seek to reenter the US on your own terms... Good luck...

    I have just filed for PERM in nov '07.. and I don't have an AP handy either. Can I get my company to apply for one ?

    THanks !





    caliguy
    10-21 07:25 PM
    Yeah, I believe we still have people from 2004 waiting (and that includes me!!)

    Here are some ways of contacting USCIS - Immigration: 12 Ways to Contact USCIS and FBI to Check Case Status (http://immigrationroad.com/green-card/contact-uscis-fbi.php#)

    Good luck to all!

    There are plenty of folks waiting approval like you including me as well... If your attorney has followed up with USCIS and if u have created an SR, thats probably the best you could do to let USCIS know that they shudn't b sitting on ur case...

    Lets hope for the best.... Keep us updated if u see an LUD or get an update...



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