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  • grimreaper
    11-18 11:55 AM
    Dear XXX
    Thank you for contacting me with your position regarding immigration. It is good to learn the views of my friends and neighbors in northern California, and I appreciate having your input.

    Current estimates suggest that there may be as many as twelve million undocumented immigrants in our country. A balanced approach to immigration reform is needed to contain and reverse this trend. Any solution must protect the United States economy, meet our homeland security needs, and reduce the backlog and wait times associated with legitimate applications for legal entry.

    Our economy relies upon hard working people to perform every type of work, from back-breaking farm labor to high tech jobs, and America has always welcomed workers, foreign and domestic, who endeavor to advance the U.S. economy. It is simply not realistic to expect our economy to continue prospering without providing some mechanism for legal temporary workers to continue their efforts.

    That is why I am a cosponsor of the AgJOBS bill. Our national economic survival relies on retaining the agricultural labor force while bringing workers out from the shadows, a goal the AgJOBS bill helps meet. However, I also believe we should significantly enhance the American labor market by placing a priority on educating U.S. students and training American workers instead of fostering a reliance on foreign workers. Businesses seeking to hire a temporary professional worker should pledge that they have made a good-faith effort to hire U.S. workers first and that the temporary professional worker will not displace a U.S. worker. I believe that these provisions can be met without stifling business and economic growth.

    In addition, true border security can come only from the increased use of manpower and effective technology together with an efficient and judicious legal immigration application process. The indefinite state of limbo in which many applicants for legal American immigration status find themselves is a part of the problem that we can control. By allocating more resources to efficiently process applications, we can significantly cut wait times for applicants and reduce the influx of undocumented immigrants. As Congress considers future immigration legislation, I will factor your recommendations into my decision making.

    Thank you again for sharing your views. I am proud to serve California's Eleventh District, and I am committed to working hard for you. If you would like more information about the issues I am working on in Congress, I encourage you to visit my website at Congressman Jerry McNerney (http://www.mcnerney.house.gov).
    Sincerely,

    Jerry McNerney
    Member of Congress




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  • delhirocks
    07-04 11:29 PM
    Hey thx man...I had no idea about this. I will search for the post and read up on it.
    Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..

    To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.

    When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.

    I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.




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  • ganguteli
    03-07 01:02 PM
    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.

    This is exactly what I was saying. People are getting overzealous and are losing their balance. By attracting too much attention when everyone in power is being anti-immigrant you people will hurt everyone. They will impose some more restrictions on us.

    We need to lay low for a while until economy improves and focus on keeping our jobs. That is the need of the hour rather than becoming a hero and trying to go against the wave.




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  • pitha
    07-08 05:06 PM
    unfortunately more than 80% of backlog elemination is completed, so labor substitution even though it is removed from july 16 has already done its damage. scores of people have already done labor substitution.



    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:



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  • guru76
    11-18 05:15 PM
    Sent




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  • chaukas
    05-23 11:49 AM
    Done. Sent to all .



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  • willwin
    10-08 03:22 PM
    We are all missing a point here.

    Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.

    Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.

    It's not as simple as it sounds --Give GC to those old timers before the new comers!

    Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.

    BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.

    I would rather have them approve ANY case instead of wasting a single visa number.

    If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.

    485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!




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  • manishs7
    09-24 04:54 PM
    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..

    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.



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  • GCOP
    08-28 10:54 AM
    I received Renewed EAD Card for 2 years, yesterday on 8/27/08

    I-765 Renewal Receipt & Notice Date by TSC: 6/24/08




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  • sanatshah
    02-14 01:23 PM
    Paypal transaction ID for this payment is: 4P5189671W405652X



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  • Pineapple
    10-27 12:21 PM
    Just to clarify, it is just one person (The Ombudsman), not "folks". My previous comment was meant to illustrate the absurdity of such a suggestion.

    For those who did not get my reference to "Ed Anger" of the Weekly World News:
    http://en.wikipedia.org/wiki/Weekly_World_News

    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.




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  • abq_gc
    08-18 02:13 PM
    Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.

    i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....

    EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...

    what are our options.. to make the 500 pound gorilla kneel down ??
    i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???



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  • Refugee_New
    08-18 02:23 PM
    Hi Guys
    My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.

    But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.

    I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......

    Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....

    Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.

    regards
    Saket


    What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.

    These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.




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  • mita
    08-12 10:47 AM
    My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
    They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.



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  • simple1
    05-08 02:00 PM
    CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.

    Honestly, I dont care if they are eligible for FB2A.
    All I care is eb-dependents are not eligible for EBquota.

    why are you quoting and supporting the official mis interpretation above the actual law ?



    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.




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  • sss9i
    08-27 09:04 PM
    Bump up



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  • BrazilianCitizen
    06-12 06:09 PM
    My attorney is taking his owwwwn time.. Could there be any reasons for this?

    He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..

    What's wrong with calling him up and asking?




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  • prem_goel
    11-17 09:50 PM
    done




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  • kshitijnt
    05-09 07:15 PM
    Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.

    I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.

    The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.

    Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.

    The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.




    sledge_hammer
    02-12 02:31 PM
    You are missing the point here again and taking whatever I said out of context!

    Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.

    Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!

    Sledge_Hammer - You are so shallow in your thinking!

    Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.

    Please do not be so harsh on forums.


    I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.




    Openarms
    05-02 02:42 PM
    It seems to me that there is a discrimination going on with EB3 India. So far there are not many approvals why???? They are trying to suppress this EB3-India category why??? lot of approvals in EB2-India? why??? don't say they are less cases.



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