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  • tikka
    07-05 11:28 AM
    http://digg.com/politics/Reversal_Fr...ard_Applicants


    thank you





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  • sapota
    08-15 05:39 PM
    Surprised by visa bulletin mentioning cutoff dates for EB1, EB2 & EB3 ROW & philipines instead of U.

    Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)

    Or were these cases waiting for FBI check so could not use up visa numbers??

    Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.

    Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.

    But hey, lets keep pushing, we dont want hope to be a mirage do we.
    Edit/Delete Message





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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • pitha
    01-28 10:56 AM
    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.




    getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.


    totally agree with this.

    Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.



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  • GreenSeaTurtle
    09-19 12:05 PM
    I have to thank the organizers for making this happen it takes a lot of work. I joined late but felt very happy to be a part of it. This is just the beginning.

    Some observations
    -------------------
    Our numbers should have be in 100 thousands not 1000s. I felt bad that more people did not show up. Everytime we all met each other we never fail to talk about the GC process and where we are and how frustrating the whole process is? If this affects us so much why not do something about it when you have an opportunity...Do you want to suffer in silence or break free?

    Immigration voice should be popularized more. People know of Murthy.com etc. but I think not many people are aware of this site so we have to popularize it more by telling friends, family etc.

    The rally could have done with more publicity to attract people especially i don't see why people in the Tri-State area who are so close did not show up in large numbers. Hats off to folks from California, NY and orther places who travelled especially for this event.

    The next time there is any rally I will personally motivate and bring people this is the least I can do.





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  • vin13
    02-11 06:48 PM
    There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.

    Who are you questioning???

    I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.

    We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.



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  • ncrtpMay2004
    11-11 09:33 AM
    Anything possible in the lame duck session.





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  • jackrabbit
    07-17 11:01 AM
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.


    Does anyone know if we can sue them. I am sure that they are a registered organization.



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  • amsgc
    02-05 09:24 PM
    It is very important that we point this out to Lawmakers/public when they begin drafting the CIR.

    Big question:

    Why not put a country cap on the CIR for all undocumented?
    What are the reasons for not doing that?

    Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?





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  • lacrossegc
    07-11 02:20 PM
    My details:
    Case # D-05175-8nnnn
    PD : 13th January, 2003
    SWA: WI/Non-RIR/EB3
    Never made to Regional
    45 Day Letter Recd & Replied: 05/2/06
    Job Posted on AJB: 04/12/07
    RI Received: 04/17/07
    Recruitment Period: 04/27/2007-05/28/2007
    Recruitment docs submitted: 06/28/2007
    BEC Online Status: In-Process



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  • same_old_guy
    03-19 05:13 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !


    Can EB2 move to March 06?





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  • GCard_Dream
    09-18 12:23 PM
    Did you tell that to John McCain? He still believes that fundamentals of this economy are still very strong. I sometime wonder if he is getting it confused with Chinese economy.

    If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.



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  • belmontboy
    01-16 03:38 PM
    Every profession has its own set of problems, like ours.

    In addition to issues at profession, we also carry the GC burden

    As buddha said "desire is root of all evil". In pursuit of wealth, fame, good life!, we forget to live our life.

    If you are looking for peaceful job in this current economic scenario, i don't think there is any.
    I sometimes wish childhood had lasted my entire life.





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  • BharatPremi
    09-19 10:27 PM
    Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!

    Now they are saying "Smartness" is a relative term.:)



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  • bigboy007
    06-10 06:48 PM
    how come senators support this kind of piece meal approach when they are not ready to support the pain being endured in piece meal approach. They can also recapture imm visas in piece meal.

    Also this specifically talks about any employer visa petition not necessaryily EAD. I have passed all this to my friends to oppose though. Thanks for bringing this up. With minimal opposition the fate would be as same as that of TARP amendment.

    People are ready to endure the pain rather raise their voice.





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  • amsgc
    03-16 05:40 PM
    Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
    If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?

    Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?

    If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.


    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????



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  • gclabor07
    03-15 10:50 AM
    Hello,

    I too am looking to carpool with someone driving from the Cockeysville area. I'm staying at a friend's place, but he is flying out that weekend to attend a job interview. So, I'm in need of a ride as well. If you find a ride, please let me know as well.

    Thanks.


    Hi ,
    I am looking for carpool who is driving from Baltimore area.

    I live on 18 exit on 83 north.
    will be driving via 83 south/695/95south/

    any one in this route please email me.





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  • BharatPremi
    09-26 10:08 AM
    It is not about politics, it is about ignorance of the people (including reporters). It is explainable, though - what do you know about... I don't know, laws around transporting hazardous materials, something you have never been exposed or subject to? Next to nothing. That's what an average American knows about immigration - their closest brush with that law was when their co-worker adopted a child from abroad. Of course, they do not know the difference between worker visas, and employment based immigrant visas (don't they even sound alike?).

    Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.

    I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.





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  • gccube
    04-08 02:27 PM
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.


    Which service center processed your case? What is your receipt date?





    logiclife
    01-30 04:37 PM
    I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
    Its frustrating.

    Yes. Many of the American companies, the fortune 500 companies would go without a qualified worker for months and months but would not hire H1B because they dont want to deal with keeping track of stuff and all the legal requirements and paperwork and dealing with USCIS and immigration lawyers.

    But you have to start somewhere and gain experience and hope that you will have a project somewhere, where you prove to the client (potential employer) that you are a valuable resource, and then they would sponsor you for H1 and then you can quit your desi employer. That is the standard M.O. for most people who are looking for a start. However, in most cases, since desi employers are also the GC sponsors of the primary bread-winner of the family, that opportunity of working for a better employer is passed up by many employees.





    nixstor
    07-05 02:15 PM
    Damn straight, I am one of the free riders.. But I contribute back by doing the work... I have emailed and called media personnel, office bearers etc.. why should I pay on top of that?? When I make the calls, write the emails, I dont think I will be singled out and the only person to benefit out of it...

    Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...

    My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..

    Thanks a lot for helping yourself and us. But you have revealed your
    short sightedness in thinking that by calling, emailing, digging you have done your job. With out $$$, all this grass roots work will not get any where. Its your choice to understand the importance of contributions or not but do not discount them saying that emailing/calling is more than enough.



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