kshitijnt
05-09 07:15 PM
Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
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abq_gc
08-20 11:57 AM
I guess, its fair to assume that all of our applications have been really transferred to TSC. Please keep on updating as soon as you guys get a receipt notice or yur checks get encashed.
Thanks,
Thanks,
sanprabhu
11-18 01:00 PM
Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks
Sandeep
Sandeep
2011 and Selena Gomez were just
map_boiler
08-12 12:56 PM
did you move within the same city, or was this an out of state move?
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
more...
sands_14
07-02 10:33 AM
Looks like 150,000- 200,000 applications will reach by tommorrow evening and USCIS will stop accepting even if they dont revise visa bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
mariner5555
04-30 02:02 PM
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual. it is vague and could as well be inaccurate. I know that lot of people from georgia did get their GC's in EB3 with pd ..dec 2003. I am guessing that for many states the dates are similar except for california and NY ..but then there were lot of companies that closed down ..ofcourse labor subs changed things too for the worse. also 19000 visas went to eb3 I ..last year I think. so overall numbers may not be that high till 2004 mid I guess
more...
hsingh82
11-17 03:21 PM
Thanks!
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Karthik Thambidurai
07-13 06:24 AM
Just woke up to NPR morning news ... nice coverage on the July bulletin.
more...
gcwait2007
12-17 04:15 PM
depression is created by anxiety and hopelessness.
I am also like many others, suffering from GC related depression. After reading the posts, now I feel more comfortable that I am not alone:)
Two steps I wish to take: (1) Not to think about getting GC any more. Whether I am anxious or not, it will take its own time and let me develop the habit of patiently waiting (2) Have a back-up plan ready.
I am also like many others, suffering from GC related depression. After reading the posts, now I feel more comfortable that I am not alone:)
Two steps I wish to take: (1) Not to think about getting GC any more. Whether I am anxious or not, it will take its own time and let me develop the habit of patiently waiting (2) Have a back-up plan ready.
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hiUS
09-11 08:57 PM
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Thanks for the info.
I think the Stamp is equal to the card. But any way you got to know that the card is ordred for production.
Is it happened because you went to Infopass and something is updated there or is it a coincidence?
Did you cal the USCIS regular customer service number to know the status?
Id there any change in the online message of Approval Notice sent to Card production is ordered?
Mine is exactly the same as yours. Your inputs will be helpful to me and I too need to go to Newark if needed.
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Thanks for the info.
I think the Stamp is equal to the card. But any way you got to know that the card is ordred for production.
Is it happened because you went to Infopass and something is updated there or is it a coincidence?
Did you cal the USCIS regular customer service number to know the status?
Id there any change in the online message of Approval Notice sent to Card production is ordered?
Mine is exactly the same as yours. Your inputs will be helpful to me and I too need to go to Newark if needed.
more...
satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
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sethurama
06-13 11:33 PM
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
more...
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amitjoey
07-09 07:37 PM
We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.
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pappu
04-20 10:16 AM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
more...
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amsgc
08-25 12:47 AM
gc28262,
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
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vicks_don
04-20 04:05 PM
I currently have a job offer from the client .
My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR
My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.
Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?
Help me out as I have to decide on the offer by weekend.
All
I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR
My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.
Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?
Help me out as I have to decide on the offer by weekend.
All
I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
more...
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BharatPremi
03-26 07:50 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
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panky72
09-17 05:42 PM
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
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tonyHK12
02-17 02:59 PM
Positive programming. Could we start it inside ourselves first? Stop ranting and lamenting?
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
I would prefer if you didn't edit my replies. Of course its each persons preference to think his posts are ideas and others are rants.
Lets delete posts that are not relevant to this thread.
The point is not that tri-state was crooked etc. The point is, they got the cash because they made themselves known as an entity that does some service
Same with IV. If IV is just a rant board, who will believe? We must change IV!
I would prefer if you didn't edit my replies. Of course its each persons preference to think his posts are ideas and others are rants.
Lets delete posts that are not relevant to this thread.
Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
Jimi_Hendrix
12-10 11:25 AM
He Is Banned!!
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