Wednesday, June 15, 2011

Louise Goldin Rihanna

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  • nk2006
    10-21 03:30 PM
    Though the denial of this MTR is against the law by USCIS, one must consider following.

    AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.




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  • amslonewolf
    08-13 05:27 PM
    EB3 from June 2008 bulletin

    All Charge-ability Areas -1-Mar-06
    China - 22-Mar-03
    India - 1-Nov-01
    Mexico - 1-Jul-02
    Philippines - 1-Mar-06

    September 2008 bulletin -Comment
    D. VISA AVAILABILITY FOR OCTOBER
    The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


    My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.

    For example, Philippines is 1-Mar-06 and India is 1-Nov-01.

    Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..




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  • markandeyan
    07-25 05:19 PM
    Contributed $100 thru PayPal(Transaction ID: 3X3138428V341142D)




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  • sumansk
    12-21 05:44 PM
    Hello Pappu,
    I have written this article on the plight of Work visa holders.Feel free to make editions.

    Here it is..

    Rewards of Being a Legal Immigrant!

    The spirit of this nation had always been to award hard working and law abiding people irrespective of their color, race, culture or origin. But off late there has been a rise in the anti-immigration sentiment. One reason for this is an alarming rise in the illegal immigrants in United States estimated to be around 12 million. This has led many to believe that immigrants in general are not good for the already settled (Permanent residents and Citizens) Americans and they depress economy and put burden on the economy. This is a false notion harbored by many and needs analysis. First of all there is a vast difference between a legal and an illegal immigrant. A legal immigrant or people living temporary are here to help this nation make progress and are here to contribute to the economy of this nation. They have come here on the specific request by the companies; universities and other organizations. They are unnecessarily being victimized for their status as part of the larger immigrant community. They are the most misunderstood community today among the immigrants in general.

    The temporary visitors largely are H-1 B, L-1 and Business visa holders .Many of these people are here for many years and waiting for their Green Card after having applied for it. While they continue to work for the same employer waiting for their permanent residency, they feel stagnated in their career path, salaries and even on personal development front because the law does not permit them to change employer while their green card is under process. If they do change then the whole process will have to start afresh.
    As one frustrated and depressed work visa holder, Rajneesh puts it ?The plight of an immigrant can only be understood by those who are in the same shoes?. A legal immigrant who is in USA is only here on invitation by the US based companies or organizations willing to legally sponsor them for reasons that they do not have enough skilled professionals to do the job. The fate of being a person waiting in queue for a Green Card was never dreamt by me unless I was a victim of such a wait myself. The whole life revolves around waiting for just one card called green card. All the life?s plans are shelved off for some future dates. Many of them wait for settlement as they fear that buying a home or property or starting their own company may be at risk if their green Card is not approved or if they are out of status and in that case they may have to leave the country. There is a constant fear lurking in their psyche that what if they are laid off when they are waiting for their visa dates to become current so that they can apply for adjustment of status. Their dependent wives cannot work legally as law does not permit them to work while on dependent visa. These in many cases have resulted in domestic violence and depressed spouses resulting in disturbed and broken families.The spouses of these legal temporary residents stay at home and feel frustrated as they are also highly educated and can tremendously contribute to the development of the nation if given an opportunity. They feel choked as they have to plan well ahead in time for visits to home country and have to keep themselves abreast with latest immigration laws and by laws. A lack of this planning and understanding has resulted in many being denied entry while trying to re-enter. There are so many issues that they have to deal with being a temporary resident here just because they chose to come to America in search of realizing the American Dream. Most of them feel as if they made a wrong decision having come to America. This has sent a negative feedback in their native countries that America is no longer a welcoming nation for temporary work visa holders and one may have to wait up to more than ten years to get permanent residency. This feedback has turned many potential high tech and software professionals elsewhere. The current wait time in Canada and Australia is less than a year. European nations are also becoming a very welcoming society for these people. So the competition to secure them is getting hot.

    While the wait becomes long the anxiety and depression starts to sets in most of the cases. Many have therefore already left this country and this is a drain on the economy as they are now a part of other nation?s economic development. Many of this class of people were educated in United States and were contributing but the immigration laws have forced them to go elsewhere. This class of people have advanced degrees from either US or other countries and have an average work experience of more than 3 years.They form the top class professionals among the populatoin and their loss is a loss to this nation.America is land of opportunity and for those willing to work hard for a better future should be rewarded and taken care of, but it seems there is no one listening right now to their voice. The spirit of America seems to be getting lost somewhere.

    There are organization and groups like NumbersUSA who oppose any increase in their visa numbers which can drastically help these victims of bureaucracy, but due to their short sightedness they fail to see that the same people whom they are opposed to will help increase the economic well being of this nation once they become permanent residents. This is so because once they get permanent residency, they all will move up in the ladder demanding higher salaries and thus supporting the proponents of anti-immigrants view point. Right now they are all stuck in the same state for years. This may in some case lead to their exploitation which may in fact depress wages. Their short-sightedness, misinformation and vague propaganda have created an atmosphere where the na?ve public fails to understand the difference between the real benefactors and illegal immigrants. This has led public develop an overall anti-immigrant sentient.
    Presently there is a bill pending in Senate called the SKIL bill (S.2691) introduced by senator John Cornyn (TX) Co-sponsored by George Allen (R, VA), Wayne Allard (CO), Bennett Robert (UT) and others. There is another related bill introduced by John Shadegg (AZ).This bill seeks to increase the annual visa caps for Immigrants visa under Employment category, exempt students who earned masters in USA, Allows to apply for Adjustment of Status even though there may not be immediate available Visa numbers. The bill is intended to secure the American competitiveness in 21st century while countries like India, China, Australia and European countries compete for skilled man power in Software and high tech sector to secure their competitiveness. This bill will help reduce the wait times for Temporary work Visa holders helping them assimilate faster in US society and thus securing the nations? interest.
    There are reforms for this class of immigrants in the much debated comprehensive immigration Reform Bill passed by Senate but congress did not pass it. These provisions got lost in the shadow of illegal immigration debate and therefore separate bills were introduced by way of SKIL Act of 2006 to take care of the plight of Temporary visa holders. By clubbing the provisions for both legal and illegal population in one bill did much harm to this community as they were totally neglected by the congressmen. These people pay taxes, social security (unfortunately cannot be claimed once they leave this country), contribute to the social causes by volunteering, donating during emergencies and they very much feel themselves a part of this nation.
    But the administration failed to reform current Visa availability issue which is doing much harm to the nation.
    The public is expected to understand the plight of these people and pressurize congress to pass this bill and not misunderstand the other immigration bills pending in senate which are controversial. These people deserve credit and appreciation for helping this nation and definitely needs a much awaited attention from the public and Government.

    Surendra K Suman
    http://surendraksuman.blogspot.com/
    ________
    CR125M (http://www.cyclechaos.com/wiki/Honda_CR125M)



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  • satishku_2000
    07-05 04:04 PM
    I just finished my call with Julia Preston of Nytimes ..I am so happy and did my part :)




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  • komaragiri
    08-02 04:26 PM
    i am a 2nd july filer, my cheques were cashed today. filed at nebraska
    Congrats !! Hopefully we all get some good news before the weekend !



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  • svr_76
    08-18 11:03 AM
    If they start processing/approve I-140, they will immi get bombarded with I485/EAD/AP applications. So they are trying to artifically stem down the workload they might get. Also this gives them a chance to clearup the 485 queue ... :-)




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  • perm
    09-10 10:47 AM
    The greatness of USCIS is unbelievable!!!!!

    When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.

    So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!

    Such a BS to deal with all because of USCIS' GRACE!!!!


    So, are we guys just sit and watch?? and post replies here?



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  • ritu_raj
    09-11 12:12 PM
    just contributed $100... See you in DC
    Order Details - Sep 11, 2007 12:30 PM EDT
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  • lonedesi
    06-18 12:43 PM
    I emailed them not as me but as my employer( point of contact mentioned in the labor petition) and it works they send me a copy of the labor approval to my house along with a copy to my employer and one to my attroney. It really works.


    Is this a PERM application or the labor application at one of the BEC's? Please let us know.



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  • pappu
    09-03 10:48 AM
    I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.

    This in my opinion has helped smart folks among us:

    - They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.

    - Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.

    - Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.

    - People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.

    - Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.

    - If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.

    - Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.

    Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.

    -




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  • r_mistry
    01-08 11:18 AM
    Hi All,

    I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".

    However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.

    Do any of you have any experience what will happen from now on? Do they really respond within 30 days???

    Below is my filing info

    Filed I-485/EAD/AP - July 24th, 2007 - NSC
    I-140 approved - Dec 2006
    EAD received - Oct, 07
    FP done
    AP - Pending
    LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)



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  • drak70
    09-13 10:36 PM
    I checked that the OPERA browser for windows address takes 625 lines ise
    So go to www.opera.com download and install the browser
    Switch off javascript
    Tools >preferences >Advanced >Content>
    Clear the javascript tab

    then load the 625 files from below: edit it if for the next batch

    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  • diptam
    08-13 02:09 PM
    lonedesi,
    Any word this ?

    As i posted earlier i've scheduled a teleconference today morning with my HR Head and wanted complete explanation why they aren't releasing 7001. The general HR staff didn't release 7001 for last 8 days.

    The HR Head is more diplomatic guy - he said i'll sign and give you 7001 immediately but if any problem happens because of challenging USCIS via Ombudsman , he doesn't know. Basically he is resorting to "Scare Tactics" or the "Fear Mongering" that we saw in the Billary's 3 AM ad of political campaign.

    How what do i do Lonedesi - Shall i go ahead and ask him for 7001 and tell him that i don't care because this is a absolutely legal and right step to question USCIS if they are not following FIFO ??



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  • wandmaker
    05-23 11:23 AM
    Its Friday and long weekend!

    People who have not contributed, put some thoughts, wakeup and start contributing

    Bump again without a $




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  • agr
    08-12 09:29 PM
    Just curious to know .. Does this law apply to renewals as well or just new H1B applications ?

    Thanks --agr



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  • pappu
    08-10 09:18 PM
    When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?

    we have got only the ones on this thread till now. i am hoping few others may also send. there were many people who volunteered to write by sending me a response PM.
    i want to wait for some time and see the different topics covered and decide the media outlets based on that.

    if you/anyone has some good suggestions of sending these op-eds to media let me know too.




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  • cse_us
    03-04 02:37 PM
    Thanks.

    Any one else with recent RFEs/LUDs on their I-485 ? Pl post.



    Mine is a NSC-CSC-NSC 485, july 2nd filer, with Apr 2007 EB2 Priority.
    I got Hard and soft LUDs on 2/5/09 and 2/10/09 resp.
    Hard LUD says, my case is now pending. (before it was 'this case has been transfered ...).
    No idea wht the soft LUD means, might be no RFE.

    BTW, I used EAD and also filed AC21 thru my lawyer.

    Regards.




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  • texcan
    09-12 10:13 PM
    I was hoping to get people to start their monthly contribution, but it seems people are more inclined to make one time contribution. So I have added this to the start of the thread.

    >>For every $100 one time contribution by first time contributors I will match $25.00. <<

    So people with their fingers on the trigger, who don't want to commit long term, here is your chance. Please allow me to help you squeeze the trigger and fire your first shot.

    I already have Struggle and green_world. Just need 2 new first time $100 contributors to make my next $100 contribution.

    Committments in life do make people nervous, but in this case i am surprised
    what else will it take.
    Come on guys, this is best deal of century. Make some contribution.

    Once again, Great going Milind
    Hats off to you friend.




    ganguteli
    06-11 03:39 PM
    As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.

    I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.

    ........And you have not contributed a dime yet to IV?




    ANGEL
    07-27 05:12 AM
    hi all,

    i also have been ff this blog but have not been sharing much bcoz i dont see a lot of sched a bloggers in here.anyway.please read the hammond law group about an amendment that apparently passed the senate to allocate the unused visa from 2001 till 2004 in which 50% will go to sched a workers.one of the bloggers mentioned so.cant verify the authenticity of such but it certainly lifts my dampen spirit.it is the bill that was introduced by senators hutchison and schumer.i am happy to see the support of the IV members towards the mission of this organization.it has been a great source of info for me.MY PD is oct 2006 and have been separated from my wife for over ayear now and our lil girl is growing up without the presence of her mother.it is very heartbreaking,not to mention my life without her.hope all our sufferings will end soon.



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