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  • andy garcia
    10-01 11:28 AM
    Great find, Andy. Based on your explanation, I can say that our real problem is not the lack of visa numbers. There are enough visa numbers, but USCIS is not utilizing them.

    This also tells me that an increase in visa numbers to 290,000 (or what ever number that the SKILL bill is asking for) would NOT change the situation a little bit. The end result only will be that the USCIS will end up with more number of unused visas.

    Can the IV community do some thing to improve the whole situation?

    Thanks h1techSlave;

    I always said that the problem is not the visa numbers but some people replied that I am an anti-Indian/Chinese/etc.
    just because I said so.

    Remember that this system was designed back when there was one single queue.


    You applied for your Labor and waited(establish a PD), everybody who applied after you was behind you.
    After the Labor was approved, you applied for the I-140. This will determine your category/country of chargeability and will filter some of the fraud cases
    After the I-140 was granted. You apply for either CP or AOS. At this point CIS/DOS knew how many applications were pending for each category/country and could move the dates smoothly.


    Now the mess is so big that it takes them until February(6 months after the End of the previous Fiscal Year) to publish the number of visas issued





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  • jayram123
    08-02 06:14 PM
    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch
    I had been hoping somebody would help you and I did not want grief from others for answering your question since you posted in the wrong thread but here it is.

    I have renewed my pp last April in person in the consulate. It is very easy. Attending in person is an option available to you with no conditions. It just makes it easier and a little bit faster processing. If you have an emergency and if you request, they may do it faster too.

    Houston Consulate folks are very friendly and very helpful based on my experience. Some of my personal friends work there too.





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  • santb1975
    05-22 01:24 PM
    Thankyou. You are our first contributor after our relaunch.

    Wandmaker - I will add your name to the list tonight

    I just sent a check of $100 via online bill payment to IV. I've also set up recurring contribution checks of $25 every month beginning June. I strongly believe in IV's cause and hope that many folks will come forward. This is the time to act to help ourselves, otherwise we'll be left behind. Keep up the good work.





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  • balakot
    02-18 02:43 PM
    Look's like the DOS is trying to maintain a year difference in the priority dates for EB2-I and EB2-C.
    My guess for the April 2009 Visa Bulliten is April 1st 2004 for EB2-I and April 1st 2005 for EB2-China.



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  • Green.Tech
    06-17 09:27 AM
    ...to reach $20k.

    Contribute folks!





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  • rokocoko
    01-10 01:30 PM
    May be yes....applying greencard is required to extend the H1...having said that one has to spend huge money in applying for GC...at the same time one can also stay out of US for an year and come back if required...

    well the reasons are many...and all seems to be valid...

    I agree having 1 crore is sort of middle class..especially with the real estate boom in Hyderabad..you won't get a two bedroom flat in a decent area unless you pay around 20 lakhs...

    on a lighter note...1 crore is just simple....for the people over there...for example my father retired in early 2004 and spent his retirement money to buy a two bedroom apartment and a small piece of land (about 10 lakhs in total)...now the apartment itself costs about 11 lakhs and land costs about another 14 lakhs.........earning/saving of about 15 lakhs in 3 years....how many of us could do that ;)



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  • sriswam
    09-11 03:17 PM
    Just put in my humble $100 contribution for the rally.

    You guys have a good thing going. I just the love the selfless spirit and patience in this group. All the very best.

    -Sriswam





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  • jonty_11
    07-05 05:11 PM
    Call your state senators, it is effective that way.
    already done that



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  • desi3933
    08-04 03:43 PM
    I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....

    My best wishes are with you.

    Go ahead and send your letter, that includes line like Being stuck in a green card process keeps us bonded with 1 employer, job type etc.

    Please keep us posted on updates. Thanks! ;)





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  • eb3retro
    07-11 12:33 PM
    i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...


    paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...



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  • pappu
    11-30 01:21 AM
    Great work Jimi and the CA chapter members!





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  • lazycis
    11-20 04:26 PM
    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o

    H1B petition can be revoked automatically if a) employer notifies USCIS that the petition is withdrawn or b) employer goes out of business. See 8 CFR 214.2.(b)(11). So yes, EAD is much safer in this regard. Revoked H1B petition cannot be used for transfer/extension. It's nice to have H1B as a fallback, but it's not a safe heaven.
    Here is an interesting article regarding H1B and employer's obligation to notify the USCIS if employment ends.
    http://www.chincurtis.com/pdfs/ccid_1_033007-1.pdf



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  • Milind123
    09-13 03:25 PM
    Order Details - Sep 13, 2007 12:40 PM GMT-07:00
    Google Order #949176417011663

    Thank you for transforming me from :( to :D

    I will post my contribution shortly.





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  • gcwatchdog
    11-06 01:05 PM
    so If I don't work parttime but I want to start a LLC to hire some people and want to maintain my H1.........Is it possible ??????????



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  • singhsa3
    09-11 04:53 PM
    I just got red dot from someone. My freind why not you reveal yourself . I am just suggesting some ideas, if you don't like it please have courage to discuss in open.





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  • wellwishergc
    07-06 10:59 AM
    This is not really an issue that American citizens care about. The CIR bill got attention from the American citizens because it involved legalizing 12 million undocumented workers. So, do not expect citizens to talk on this issue. Well, if you tell an American citizen that there was a security lapse on part of USCIS, while approving the Green Cards, then it is a different issue and you will get his/her attention. However, think though! Are we trying for negative publicity for this issue? OR Would you rather try to see how we could use this opportunity to further optimize the process at USCIS?

    See - lets not fight within ourselves. We both have the same cause but expressing differently.

    Please read my other pots written to DDLMODES - my only intention was to say that if a "USCIS overhaul" has to happen that should be initiated by Senators.... For Senators to do something American peoples need to talk ( like they did for CIR)

    Chat with you later - got a meeting.



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  • truthinspector
    01-03 05:01 PM
    I think this is a really complex issue. We go thru a lot of thoughts now and then.

    When I think rationally this is what I am concerned about:
    1. Social isolation from family (brother/sisters/extended family) in the long run.
    2. Inability to support aging parents.... *sigh*
    GC Cons:
    1.You cannot enjoy the company of your parents/relatives.
    2.Your wife cannot work.
    GC Pros:
    1.You and your family will be raised in a pollution free environment.
    2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
    3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
    4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
    5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
    5.Infrastructure?
    6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
    7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).





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  • h1b_professional
    07-20 10:19 AM
    Should we send emails to our Senators requesting them to vote for SKIL bill
    Email campaign may be





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  • ItIsNotFunny
    10-21 11:06 AM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).





    AabTuAgaGC
    01-04 05:50 PM
    helpless situation. Got to stay cool :cool:

    I was cool till last month. But, now it has been over 6 months for me and everytime I call them up they just tell me to wait or just end up with a stupid answer. I mean, there is a limit to ones patience. I had to ask my parents to postpone my sister's wedding, which was to be held in November and was thinking that I will get my AP by February. But, so far nothing yet. I can't just ask them to keep on postponing the wedding plan every now and then. It's so fuckin frustrating :mad::mad:





    Marphad
    07-06 03:45 PM
    Please...Please....Please don't reply within one hour.

    He is already banned :). Your post was good.



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