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  • priti8888
    07-23 04:08 PM
    That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!


    I am sure you'll get GC by the end on this year or early next year. I might have called USCIS abt 15-20 times and from what I understand dates would retrogress for eb3 India, but not horribly. My guess in of the total applications in August 30% have older PD 02/03/04. Becuause pf PERM processing majority are 05/06/07.




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  • priti8888
    07-23 04:08 PM
    That gives me some hope..My PD is EB3 India Oct 2004...I am filing 485 now..hope I get GC in 2 years from now!!!!


    I am sure you'll get GC by the end on this year or early next year. I might have called USCIS abt 15-20 times and from what I understand dates would retrogress for eb3 India, but not horribly. My guess in of the total applications in August 30% have older PD 02/03/04. Becuause pf PERM processing majority are 05/06/07.




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  • santb1975
    05-27 03:50 PM
    Just login to paypal directly and send in your contribution to donations@immigrationvoice.org. This info. is provided on the firts post of this thread as well. We had a member last week who setup recurring 20$ contributions through paypal

    If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.

    I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.

    -dslamba




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  • pappu
    09-08 09:07 PM
    Dear members,

    As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.

    We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.

    All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.

    This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.

    We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.

    Thanks
    IV team

    Sept 13, update.
    Here is a small update on this drive. After seeing such great support and commitment from everyone, we have decided to invest in some media publicity effort. You will see a major push in this by Immigrationvoice and we all will be happy to see the kind of awareness and impact it will make on the Rally day. We have a modest budget of 11 thousand dollars for this effort added to the overall need of 30 thousand for the rally effort. Lets reach of this number (30+11= 41K) and even exceed the expectations in the next 4 days.

    Sept 14 Update
    Some fruits of the contributions members have made towards media and publicity work

    http://immigrationvoice.org/forum/showthread.php?t=13395
    http://immigrationvoice.org/forum/showthread.php?t=13392

    We are able to do it, only because members are supporting it. More will follow until the date of the rally that will make us all proud. Thank you for your support. Pls. keep it up.



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  • conchshell
    06-05 01:09 PM
    I am keeping an eye on the funding drive... and it seems that there is progress but somewhat slow. I think we need new ideas to promote the same. What about giving IV T-Shirts to all those who contribute $100+ for our 20K to 50K drive?




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  • SouthSky
    06-03 02:28 PM
    Southsky.
    Nothing going to happen just with Pray.. We need to help our self.. Please contribute to IV and also send web-fax..

    We have to do this now or it might be too late..

    Please ask your friend to join IV.

    My another post to another thread mentioned I'll send a $300 check. (I was too panicking and was reading all kinds of postings.)

    I told my American friend about how unfair the new bill is to people like us. She wants to help and also asks her parents to contact their senator in different state. Because they only don't like illegal immigrants.

    My attorney's web site has his comment. He thinks this unreasonable bill can't be passed.

    I'll call senators and congressmen in my state Monday as well as editors working for leading newspaper in my area.

    American dream was what drawn us here: a belief you can live a good life if you work hard, being creative and receive advanced education. I think the reason why America has become the strongest country is more than one-hundred year's hard work and contribution from generations' immigrants. A continued inflow of warm blood, creativity and hard working is the guarantee that America will remain strong. What this bill is doing is to bring evil spirit to America. Law-abiding, being good person, trustworthy, hard-working virtues do not fit into this country's culture anymore. Being illegal, breaking the law and not paying taxes are encouraged by government.

    I am very sad to see this bill being proposed. I love the old American spirits and love the people here. The bill told me to no longer hold faith in their system.

    God bless us all and God bless America!



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  • optimystic
    09-10 05:00 PM
    I still don't get it how USCIS works...:( Guess its high time somebody from USCIS writes a book or whitepaper on this subject. Or some post-grad can try writing a thesis on this to get their PhD! :rolleyes:

    And if he is a immigrant student trying for GC, then he could include his own biography in his thesis :D




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  • desi3933
    12-21 04:39 PM
    desi3933,

    Most likely your employer needed to file a new labor as well when your profile changed, right?

    Thanks


    Yes. That is correct.

    New I-140 can only be filed with new labor.



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  • sweet23guyin
    10-01 11:39 AM
    I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
    Message:
    " Congratulation for not using the visa# for FY 2007, God bless USCIS"




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  • polapragada
    09-14 12:14 PM
    On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.

    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.



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  • Edison99
    09-01 08:54 PM
    Since Jan 2000

    Let us see who is waiting for most time in USA.

    5 years and counting.

    If you can tell your history of Green card and any tip on applying early would appreciate.




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  • franklin
    09-28 08:11 PM
    Huge surprise

    Good job there aren't any inefficiencies in processing...

    ...Oh.... wait!



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  • makemygc
    10-25 11:59 PM
    I've sent the mails and strongly encourage everyone to come out and take an early action before this gets worse. Even if you are not affected right now, support the cause to make sure that you will not be affected in the future.

    Also, just wanted to point out some notes that letter says that Yates memo is attached, so if you are blindly copy and pasting make sure that you attach the Memo to your email or a copy to your letter.

    I would suggest OP to add the copy of yates memo and the follow up memo to the posting.

    Thanks
    MakeMyGC

    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




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  • sujijag
    07-19 01:16 PM
    count me in too..:), I live in Orange County



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  • vayumahesh
    12-02 10:38 AM
    GeetaRam,

    I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.




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  • javaconsultant
    10-11 04:33 PM
    vparam...

    Thanks for your detailed anwers.

    have you opened your own LLC currently while on EAD?


    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:



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  • Gravitation
    05-01 02:12 PM
    I have some black dots in my Control Panel? What is the meaning of a black dot?

    And how does one give black dot to some one? When I try to add reputation to a post, I can only see I approve or I disapprove options. I would imagine I approve=green and I disapprove=red. Where does a black dot fit into this scheme?

    The gray dots come when you get either approval/disapproval from somebody who has:
    less than 30 posts.
    overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.




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  • gclabor07
    09-01 08:56 AM
    Arrived in US in August 1999.
    Labor started with employer A in 2002.
    Changed job with Employer B in 2006.
    Attorney screwed up with new labor in October 2006.
    Refiled new labor in July 2007.
    Missed the July 2007.




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  • test101
    07-06 05:46 PM
    Ok here I go again in this Chicken and Egg situation......

    Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....

    My head is spinning.......Beer anyone?

    join the club...news make no sence at all.




    GMKrishna
    07-06 12:06 PM
    None of the organizations succeed without making people accountable for their actions or inactions. This is true in the case of IV as well. We are all individually accountable for the current state of affiairs at IV, either good or bad, and we must accept or atleast acknowledge that before looking for solutions.

    Before going for big ticket items like leadership change, elections and other politics let us focus on what we can improve instantly or in the near future. We all know that in the immigration process, there are only few factors or variables we can control, and rest lies with employer or DHS or USCIS or U.S. Government. One thing we can control is how we can improve our actions so that our voices will be heard to those who can act on our behalf. The list includes legislators, senators, media and local immigration community based organizations.

    As a first step, let us add 'ACTION ITEMS' tab on the menu of IV home page. This action items tab will have list of 'to-dos' by all members on a monthly basis. These simply include, say, in July-09, every member should send one fax to local legislator, or write a letter or e-mail to media organizations like CNN, Business Week etc. We may do the same thing with different but similar content based on how events un-fold on a monthly basis. Now, the leadership with the help of other volunteers should come up with monthly agenda, and provide tools like - format of letter, content etc. The other member should just have to follow.

    I will conclude with a quote from Anthony Robbins (great leadership coach): "Your life will not change by reading or listening....your life will only change by action". Let us make every one accountable in this process.




    santb1975
    06-06 12:58 AM
    That is awesome

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    Please come forward and contribute guys!



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