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Sunday, June 19, 2011

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  • WillIBLucky
    11-22 01:23 PM
    I dont think that is correct - as per my lawyer this is what she says -

    In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

    1. Your I-140 must be approved
    2. Your I-485 must be filed and pending for at least 180 days
    3. Your new job classification must be the same as in the old job

    If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

    So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".





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  • walking_dude
    10-28 11:46 PM
    I sent mine. Did you send yours?





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  • rock
    06-22 10:54 PM
    When you get 485 approval you will not need EAD or AP :D
    It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
    Hi voldemar,
    I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?

    I would appreciate the answers and any official links if available.
    Thanks





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  • va_jan_03
    12-13 09:44 AM
    I am sure the IV core would have thought about this option of contacting USCIS and let them know the problems because of retrogression.

    But I like the idea of collecting 10$ for the fax and creating awareness. Lets move.



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  • ivdude
    01-16 05:04 PM
    I faced this pain before christmas





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  • sodh
    07-23 04:32 PM
    Thanks much for your time! We already applied without it.
    Lets see... I don;t have much in my hands other than waiting....
    Wish you Good Luck.



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  • dpp
    07-09 03:53 PM
    I dont think legally you can sue someone, because they have worked harder.
    I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.

    If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.

    I till now personally believe , that the USCIS/DOS hasnt broken any law.
    They may have however changed a pettern,process , but no law has been broken.

    Everybody knows they didn't broke the law, but the way they followed is wrong.

    I saw somebody suing her company because her colleagues are using perfumes. If this kind of US, then why should we leave them for this disaster.

    What they broke is "They need to give prior notice in advance". They cannot give one-hour or one-min notice. They haven't given one-min notice also. It is outrageous. So, please don't say that they didn't broke any law.

    Do you know what does it mean by notice? It should be given well in advance if you want to convey something.

    They completely broke all those ethical laws.





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  • StarSun
    02-21 11:39 AM
    We need members to donate a lot of airmiles!

    Please contact vin13 if you want to donate miles or want to use the miles for the DC advocacy event. You have to be registered for the event.

    Please contact sukhwinderd 2011carpool@gmail.com for the car pool options. We need members from states within driving distance to DC to make it for the event on both days.

    Members please come forward with your donations NOW as it will members who plan to come to DC to use the miles, carpool options. Any delay will cause members to back away from attending the event.

    This has to be a collective effort. Members call for action, - here is your chance to help be a part of it.



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  • sanjaymk
    07-17 12:58 PM
    Hello All-

    Looks like they are monitoring this website and they have removed it now. There is no misunderstanding here, I copied and pasted it from their website so the question of mis-understanding doesn't arise.

    It doesn't matter because they would have sent that fax to the Senators before and the senators would have a copy of that fax.

    I am trying to write a strong letter to dis-credit that organization and their smear tactics and false propoganda. If nothing, then I would like to use the lettter posted by one of the posters here as a webfax and send the fax to the senators.

    Kindly, don't assume that they removed point #2 so they could be let off, what happens if they add something like this in the future and nobody notices it.

    Ideally, we should ask them to expose their membership accounts so that their lie of having 455000 volunteers is proved a blatant lie.

    Thanks,
    Sanjay.





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  • pd052009
    03-21 11:24 AM
    ^^^^



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  • potatoeater
    05-26 04:36 PM
    I-94 is a complete proof of your immigration status in the US.

    carrying your gc is understandable, its just a card like your license.

    But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.

    This is just a classic case of harassing immigrants.





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  • jnraajan
    03-17 05:00 PM
    From the poll results for EB3 priority Dates, I think, I learned something. People waiting for Green Card Pre-PERM are way more than people Waiting POST-PERM. This is an approximate comparision(before Dec 2004 and after Dec 2004, though PERM started in Apr 2005.)

    What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.

    What do you all say?



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  • Jaime
    09-10 12:35 PM
    You want to start your own company and give jobs to Americans, but can't- Because you are on an H1-B, and you are not allowed to work for your own company if you start one, so you cannot support yourself.





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  • abracadabra102
    07-01 04:18 PM
    It is "petition". Thank you.



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  • jungalee43
    01-19 05:49 AM
    I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.

    http://immigrationvoice.org/forum/showthread.php?p=1265#post1265




    I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.

    Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if

    1) I am an Indian with EB-3 PD of Jun 2002 or later
    2) I am an Indian with EB-2 PD after Jan 2005.
    3) I am ROW with EB-3 PD of 2003

    4) I am ROW with EB-2. (Ok. Here you can't convince me.)
    Any other categories I am missing.


    Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.

    BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.





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  • akred
    01-21 02:26 AM
    Assuming everyone stays the course, under these timelines

    1. At least 5% of applicants will be sponsored by their American children.
    2. Another 5% will have their first million and move to the investor's category.

    The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.



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  • chetanjumani
    03-13 12:10 PM
    Thank You Googler, EB2 India in April is Dec 2003. Hopefully the logic to arrive at this is what you got to know from your Call with DHS employee.

    Hopefully all EB immigrants would be treated equally irrespective of their place of birth.





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  • Jai_MD
    06-10 06:23 PM
    done and request fellow members who are on the sidelines to do the same!





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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.





    delax
    03-16 03:04 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Thats because many people like me took nearly 3 years to clear their labor certification - so despite EB2 being current there were'nt many EB2 485s filed in 2004-2006 by people whose PDs were in the 2003-2004 time frame. My PD is July 2004 but my labor cleared only in Feb 2007 - thanks or no thanks to Philly BEC. Honestly I have nearly abandoned this whole desire for GC - I dont think GC is a need anymore, its only a desire - not trying to be philosphical but living my life without having to worry about some bureaucratic process over which I have no control.





    frostrated
    06-11 03:55 PM
    Done. Sent to senators in Texas. Also sent to house members just so that they are aware.

    Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.



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