Friday, June 10, 2011

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  • gaz
    04-10 09:49 AM
    I totally get where you're coming from - I was in the same place also some time back. And I absolutely support dissenting voices - every organization needs a conscience. IV is no exception. So go ahead with your questions and ignore the folks trying to shut you up.

    Heres why I contribute to IV -

    IMHO the biggest role IV is playing right now is educating the media, politicians, administrators etc. about the hardships we're going through. The first step towards solving a problem is to get people to acknowledge there is one. And right now there are people in the administration who don't think or even know there is a problem.

    Mark Bartosik's done some great work with the media. Nixtor has also been prominent here. I'm sure there are others also involved.

    Mark on Radio (http://lmgtfy.com/?q=site%3Aimmigrationvoice.org+%22mark+bartosik%22 +radio)

    similarly search for nixtor, pappu etc.

    As for the monetary aspect - if we're sitting here typing and other folks are using their weekends/ days off work to get somewhere to make a difference to our fight, I'd see the easiest way of pitching in with money - for printing a glossy flier, or, maybe the cost of an air ticket, or lunch or whatever.

    If some part of the contributions make life easier for these folks - its absolutely worth it, isn't it?

    And for folks who refer to this as "Donation"
    Its not a donation - its a contribution.

    Donation refers to a gift to a charitable organization whereas a ontribution is generally associated with a gift to a common fund or collection.


    I hope this helps you somewhat to get over the hurdle of moving from a member to a contributor.

    As for "donor" forums - think of them as a paid subscription (like shareware ;)). Its also one way of ensuring that anti-immigrant trolls don't get through. I do totally support this model.


    I know this is probably asking for trouble but no movement can be credible without listening to the dissenting voices. So here is my gripe ... You cannot open a single thread or forum without being asked for contributions these days. People are told that if they dont contribute, they are not "supporting the cause".

    But the stark reality is this... If you look at the IV website to see what action/progress has been made in "the cause"....there is some vague statement about Patton Boggs and how we have this lobbyist who is educating congressmen...Who exactly? How? When? Oh those details cannot be given.

    There is a link about IV in the news...the last time IV was in the news was in Sept 2007 ...19 MONTHS AGO...
    Then there is a link about IV and FBI namechecks...The last update is some thread in Feb 08 and this brilliant statement from 2007 ..."IV has met officials from agencies and has raised this issue in the recent past. We have been informed that there is an effort being undertaken to significantly reduce name check backlogs in the next 6 months." SERIOUSLY?? You really expect that you can convince people to contribute based on this flimsy evidence of doing "something" that you really cant tell us ??

    For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!

    How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.

    And this new caste system of the DONOR forum which basically says screw you to everyone who has spent time, money or effort on IV and completely goes against the "Change for fairness and Justice" mumbo jumbo is a step in the right direction, IV needs to give way to an actual movement that actually does something and this DONOR forum concept will certainly go a long way in the marginalization of this site and community.




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  • prince_charming
    09-12 07:45 PM
    This is a very common problem. They are not following their own rules when it comes to 180 day rule of I-140 revocation. And I have heard AC21 letter almost never reaches your file. But because you have filed AC21 , you are in good shape. You have all the proof that you did send the AC21 letter and I-140 was revoked after 180 days.

    So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.

    Thanks buddy.




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  • radhay
    07-20 06:08 PM
    Hi i feel your pain. I think you should look into writ of mandamus which people having been filing for FBI name check issues(i am one of the victim). You will need support of employer since this is employer's petition.

    Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.

    But we will need enough support to gather a critical mass and start things rolling in the right track.

    So can we have a online form where everyone affected can sign in? How do we do that?




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  • golgappa
    08-20 09:04 PM
    Listen my friend I had a similar experience...

    The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..

    Long story short....


    Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)


    go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..

    I did the same thing...

    UNLESS WE REPORT THEY WILL NOT CHANGE



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  • paskal
    09-29 04:47 PM
    then why are visas about to be wasted yet again this year?
    after...they said all numbers were exhausted on July 2?

    i think it's not quite that simple.
    there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.

    my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!

    uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.

    just my 2c.




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  • m306m
    05-01 02:57 PM
    <<bump>>



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  • headhunter
    07-19 06:53 PM
    You will be a free bird in INDIA only. All developed countried want you. They want to use you. They want to contain you. By getting India's resources, they deprive INDIA of their own skilled people and they also "contain" the growth of those people. What a masterstroke. Neither you win nor India wins. This is nothing but a sophisticated 21st century slavery.




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  • hydboy77
    02-13 05:55 PM
    You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).

    What I am saying is bring in protection to AOS by
    -removing the same or semilar job requirement in AC21
    -making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).


    Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.




    I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:

    As an AOS, you can:
    - Work for any employer
    - Not work at all
    - Travel out of the country without worrying visa delay
    - When you got laid off, no need to worry about being out of status or restarting GC

    As an H1B worker:
    - If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
    - Worry about re-entry visa each time you travel

    With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.



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  • dixie
    11-07 10:57 PM
    Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.
    I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???




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  • legal_la
    05-10 09:11 PM
    Quick question on behalf of my friend. His H1B is being revoked by the present company. His previous employer did not revoke his H1B, can he go back to the previous employer without filing for transfer or should he file for the transfer again?



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  • jsb
    03-06 10:05 AM
    I suggest, some of us send another email asking Ombudsman about this. Let us see what kind of response we get. It will be helpful to find if they got the data they requested in 2004. If they have not got it in about 4-5 years, are we also going to wait for a long time to get the data?

    This case should be sent to Ombudsman, perhaps by IV, clearly stating that information is needed for decision making on PD cut off dates announced every month, which does not seemingly exist. They need it for their internal working, not for an external query by a client.

    BTW, I believe they have grossly underestimated the cost. How did they estimate the cost if they don't even know what is a PD.

    What is needed, is not just a computer query. Most of the information (e.g. Priority Date of an applicant) exists only in paper format, perhaps just on AOS applications we submit. For monthly bulletins they only guess based on general progress in preceding months. Isn't clear from faster cutoff date movements in later part of the year, followed by retrogression. The fact is that information sought is neither readily available, nor can it be found that easily.

    Even if a lot of waiting folks collect funds as suggested in this thread and send them, how do you know what you get is accurate. Most likely it wont be, due to poor understanding of what is needed, and no way to confirm on how they extract this information.




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  • abhijitp
    02-12 06:15 PM
    Check your total.. its time to reconsider and raise your bet :)

    Thank you! I just did:)
    My new target is 300.



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  • BharatPremi
    09-20 04:05 PM
    No need to jump the gun. I didn't ask it at a personal level, in case you didn't understand it! Instead of nitpicking on a single statement, read the whole paragraph! I am a member of a state chapter and keep posting on the Yahoogroups, though it's been a month since anyone else posted there ( and I don't get any replies).

    I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.

    I read and understood the whole paragraph with both "published" and "Hidden" messages what you wanted to convey. If you do not see much activity on your state forums, why do not you take the lead to reverse the course? That would be the right direction rather than suggesting to change the skeleton. Do you blame yourself (Since you are claiming yourself a member)for not having much activity in your state level? If not then problem lies there and that is my hint to you.




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  • nrk
    06-10 03:49 PM
    All the best for those who have PD's before 1st Oct 2005. hope you all get GC's this year

    My date is current now... lets hope there is good news in store for those whose dates got current...



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  • nat23
    09-26 08:25 AM
    MLS

    How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio

    Thanks
    Nat

    Hi Nat,
    Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)

    That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)

    The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.

    All the best.




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  • satyasaich
    07-21 03:16 PM
    What ever you have pointed out is very valid and no doubt, shows the injustice. However, considering the present situation following are my thoughts.

    1. Let's call for an action item for all those IV members whose LCs are still in BECs
    2. Try to present the case to USCIS in a truly meaningful way about the those individuals still waiting for LC approvals
    3. Try to get an exception so that they can file 140+485 even after Aug17th.
    (atleast this is not an impossible thing to USCIS to accept just few thousand when compared to hundreds of thousands)

    I strongly believe in IV from day 1 and quickly take an action item first of all to come up with list of the individuals (as many as possible).
    Then, let's approach USCIS (i don't know how to do it at this time, but open this for some good ideas) to get an exception for those cases still to come out of BECs

    I know so many of us have already filed for 485 or busy to file before Aug17th, but PLEASE LET'S DO SOMETHING.
    Personally even though i applied for 485, i'm all for it and justice MUST BE DONE




    Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.

    The manner in which the backlog reduction center have been processing the
    labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.

    The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
    ignored, inspite of the fact that people who applied for labor much later
    have been approved through the traditional process.

    We want to file a case ASAP with the DOL or other relevant
    authority regarding this issue and the unfair way of the process that we
    have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?

    The next steps should be:

    - Get all of the support we need from all affected folks ASAP
    - Get in touch with a lawyer who can help us to prepare the case
    - File the case in a court against DOL
    - Make sure we get justice

    Please join and show your support. Please help!!!



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  • kapil_jn
    09-05 04:34 PM
    together we can make a difference.

    its time to stand united.




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  • boreal
    07-06 12:37 AM
    Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???

    Geez.....you definitely need a brain check.


    Be good to others please! Dont have to be mean!




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  • needhelp!
    02-07 01:30 PM
    23800 more to go




    delhiguy79
    07-23 03:23 PM
    Latest FAQ from uscis says we can file I-485 without I-140 recipt notice

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
    A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.


    wonderful link ....atleast some confirmation...
    hope we get our receipt notices before Aug 1st...so that we can file without tension...




    iwantlabor
    06-14 10:09 AM
    My company does not allow us to pay for our own labor. It is against the law. My company was not doing new perm labors for people who had already applied in regular processing.

    Coming to present situation, my company attorneys are so overloaded with labor work that they have become very slow in responding. Now it will be even worse since everybody will be applying for 485. I feel they have created a choas.


    Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +

    My case is also like you but my Labor was 2 years old and applied just
    before PERM and it went straightway to Phily Backlog center ... I thought
    of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)

    Did you check your status in Backlog tracker ??

    http://pds.pbls.doleta.gov/



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