Tuesday, June 14, 2011

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  • champak3
    06-16 10:42 AM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)
    ====================


    First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.

    If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.

    If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.

    If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.

    - Pappu

    ====================




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  • GCneeded
    10-16 01:12 PM
    Like many immigrants, I moved to USA in search of American Dream. With a degree in Computer Science and valuable experience, I thought I could pursue my ambition to excel in my field, while also fulfilling my American Dream. My dream of America was about freedom. Freedom of working at niche companies, living a comfortable life, earning higher wages than what I used to earn in my Home country. What started out as a dream has turned to a nightmare. Like many others I came to USA on H1-B and wanted to convert to a permanent resident. The process, which used to take 2-3 years, has turned to uncertainty. The path for Permanent residency has been entangled in complicated government laws and bureaucracy. I had to wait in line for 4 years just to get my labor application approved and now I am struck in another queue of retrogression. I moved from my country; because I did not want to wait in line at Ration shops, bus stops. I wanted to escape from the lines, but now I am struck in a bigger line with no end in sight.

    Whenever there is a discussion about immigration, People always assume it as about illegal immigration. So I have to keep reminding people that there is another side to immigration. Legal immigration. The issues of legal immigrants have been ignored and been buried in the midst of illegal immigration controversies. When I send letters to House Representatives/Senators about the problems of legal immigrants, they reply back about increasing H1-B numbers. Legal immigration is NOT just about just increasing H1-B. Also the anti immigration groups publish that people on H1-B don�t pay taxes. But we pay taxes, Medicare and social security like all other American citizens. With the current immigration laws, we might not be even to avail the benefits of these taxes.

    The facts of the legal immigrants

    � We are NOT here to take American jobs. We fill those positions when a suitable American citizen was not found
    � We PAY TAXES like any other American citizens
    � We are here legally. The government has assessed our qualifications and education.
    � According to Economic Report of the President, 2006 - Legal skilled immigrants increase productivity growth and improve the standard of living for the U.S. population as a whole.
    � According to Economic Report of the President, 2006, skilled immigrants constituted 76% of the employment growth in the Executive, Managerial, Professional (e.g., Scientists, Doctors) and Technical (e.g., Health and Science Technicians) categories from 1996 to 2002.
    � According to Annalee Saxenian, �Silicon Valley's New Immigrant Entrepreneurs,� Public Policy Institute of California, 1999, in 1998, Chinese or Indian CEOs ran 24 percent of Silicon Valley�s technology firms. These companies accounted for over $16.8 billion in sales and 58,282 jobs. These numbers may still understate the scale of immigrant entrepreneurship in the region because firms started by Chinese or Indians with non-Asian CEOs were not counted.

    We are being backlashed by the congress and the anti immigration groups, even though we are highly skilled, well educated and staying legally. We have done nothing but help America in its economic growth and in its quest for innovation and technology. Now we are being punished for being here legally and law abiding by putting us in retrogression. We cannot get Salary hike, or promotions when our green card is in process. So while my American colleagues have moved to greener pastures, I am struck here at the same job and same salary. People struck in green card process cannot open new ventures. The new ventures would open new jobs and increases America�s competitive edge in innovation and global leadership in technology. If American congress does not act at this point of time, there will be a �BRAIN DRAIN�. People fed up with retrogression have already started looking at other countries like Australia, Canada who are welcoming high skilled immigrants with open arms and easy migration laws. As for me I have invested my prime youth for my American dream and hope American government will embrace high skilled immigrants like me. Rep. Shadegg has tabled H.R. 5744, SKIL bill for legal high-skilled immigration. This bill would reduce the current wait time for getting the green card. I sincerely urge congress to pass SKIL bill which will reduce the wait times and help high skill immigrants help America to sustain it�s edge on technology and global innovation.


    We are getting more calls for op-eds and need more IV members to pitch in and write articles.




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  • piyu7444
    04-30 07:30 PM
    .................................................. .................................................. ...........




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  • JunRN
    09-28 07:43 PM
    Hopefully, they can repeat the same madness again and do it for good this time around.

    Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.

    So ROW and Philippines filers, hang-on!



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  • bigboy007
    06-03 01:40 AM
    I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:

    ================================================== =

    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.


    ----------------------

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • Totoro
    05-02 10:09 AM
    Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?

    I agree.

    Many of the military families affected only earn $25,000. I find it repugnant when
    someone shows how little he cares about his fellow human beings.



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  • kumar1
    07-20 02:50 PM
    no. of h1b issued in last 4 years 65kX4= 260k
    even if you double that (which i m sure is not the case), still it come to 500k.
    so ure over estimating it.
    thanks

    What about L1-A and L1-B? They are a lot too. 192,000-60,000 = L1 number each year.




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  • chanduv23
    06-05 10:51 AM
    I will update our numbers tonight

    Just reinstated my $50 monthly recurring contributions back :)



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  • sandy_anand
    06-16 12:58 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)

    Champak, I'm in the same boat as yours. Called the Atlanta number and left a message with my case number. My attorney sent an email this week. I have also asked my employer to do the same. Maybe I'll take your advice and send them an email too.




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  • Kodi
    06-04 01:38 PM
    company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...

    Thanks Pappu. I will check with my lawyer before we file.



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  • ind_game
    05-15 10:09 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.

    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks




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  • Imigrait
    01-29 07:33 PM
    Applied for AP - Aug.16 with NSC

    The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.

    LUD on AP Jan 23. AP on hand Jan.28.

    Hi NeoKlaus,

    Do you know what your Notice Date was?

    Thanks.



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  • Mani
    07-14 11:56 PM
    Contributed $25




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  • aray
    08-14 06:56 PM
    I don't think its June 2007. If it means all EB3 categories and not just EB3 Mexico then it means June 2008



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  • unseenguy
    02-09 05:01 PM
    To summarize the root causes now that we discussed:

    1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.

    2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.

    3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.

    4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.

    On no 3, let us separate our "legal" obligations from "moral".

    Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.

    If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.




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  • knnmbd
    04-25 12:59 PM
    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".

    In my opinion, just pushing ur PD to the date u entered will not really help a lot. Coz say ur current PD is Feb 2002 EB3 but u had entered in 1998. DOL/UCSIS will say, ok lets do that, and the next day they will say, Now the Retrogression goes back to the year 1996. Is that not possible? Currently what we need is the immigrant to be in total control of his/her GC process. That way the GC can take even 10 years, so long as the applicant and dependants can avail of EADs and Travel permits which are longer than just 1 year increments. If we are thinking long term, then shudnt we be looking at this aspect? The GC itself represents nothing more than total freedom in ur career and it's choices. If we can achieve the same thing without the actual GC, isint that our goal?
    I agree. Also, since F1 is not a dual intent visa this will not hold water. Anyways this is a ridiculous demand. We are not the law makers and we should consider ourselves lucky that couple of IV's amendments are in a few of the senator’s bills, though there are no guarantees if they will be included in the final text or let alone be passed. We should only push for what is already include in the 2 bills and not confuse everyone every time one of us comes up with this "brilliant" idea of using H1B entry date as priority date. So what's the next amendment we want " include the day I first envisioned that I will come to America as the priority date". WE NEED ONE VOICE and we have already been heard so let’s stick to what is practical and push those amendments through.



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  • snathan
    02-13 10:14 PM
    Why are you not posting other messages from me, kiddo. MS + 1 yr. LOL. What an experienced and talented guy :)

    I dont need your certificate junk...IV could not achive anything because of free loaders like you. what a piece of junk.

    Every one in this forum knows your talent. Are you working in form




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  • desi3933
    07-06 05:52 PM
    See what I was saying. They are not supposed to grant CP appointments and approvals in July per the regulations. They have decided to bend the rules to approve the currently pending 485s and CPs. They came up with this lame excuse that since the visas were already shipped out to the consular posts ................yada yada. Point is as I said they can't do 18K CP applicatrions in a day at the consulates the way they seem to have done for the 485s. Even this I am not sure.
    I doubt whether they have sent out all 60K 485 approvals either, they probably will in the course of the next month or thereabouts.
    I'll say it again, they want 485s out but they don't want them in for whatever reason. It is getting clearer.

    Incorrect.

    The visa number is requested and alloted at the time of scheduling interview for immigrant visa for CP. If the interview results in declining the visa, then visa number is sent back to DoS. This is standard practice.

    Typically for all July interviews, visa number is already allocated (in May/June). So these applicants can be still issued immigrant visa (aka green card) if they clear the interview.

    _____________________
    Not a legal advice.




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  • GCNirvana007
    09-17 06:17 AM
    Hi Friends, I went to DMV PA (Bridgevile) to renew my drivers license recently. They are not accepting original EAD/ AP, copy of 485 receipt plus employer letter. They are asking for original 485 receipt. Unfortunately my ex-employer did not give the original receipt.

    Did any body renew the PA DL without original 485 receipt?

    Did you ask them to show you the rule book where it says you need I-485 receipt?. If not, please do.




    Humhongekamyab
    02-18 03:49 PM
    pardon my ignorance. But since you already applied for 485, it means you will get GC in april 2009(if pd becomes dec 2005) ?

    Yes and No. If the PD stays at (let's say) December 15, 2005 and during that time the officer is able to review my file and request a visa number from the DOS then I will get the green card BUT if during this process the PD moves back (let's say December 14, 2005) then I will have to wait for it to be current again for me (i.e. December 15, 2005).




    qplearn
    12-18 04:04 PM
    all i can say is lets hope that this time next year we are still not debating about this.
    if lobbying alone works and gets our job doen thats fantastic. then there is no reason to do anything else. why even bother to get media attention, put up posters, have state chapters, etc?
    agree. lobbying alone is not gonna work. we need some brainstorming....



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