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  • ghost
    02-21 09:07 AM
    I have signed up for recurring donations and still don't have access to lot of Forums

    At the risk of being repetitive - have you sent a email to IV (or sent a private message to "Starsun") with your transaction details of the recurring donations? If not, please do so. If you've already done so then please send a follow-up note. It typically takes a week from your original email. If nothing worked, please pick up the phone and call them up directly.




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  • looivy
    11-18 11:29 AM
    Done




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  • gc_lover
    07-02 09:02 AM
    On AILA site...

    "Just Posted -
    Follow-up to Update on July Visa Availability"

    Does anyone have quick access through their attorney to check what it says?

    This link is there since Friday. There was no useful information on Friday, just rumors!




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  • desi3933
    07-08 04:15 PM
    By does not allow to work, I meant, restricted in taking other opportunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment opportunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.

    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?

    Also, what do you mean by "because it is indefinite"? How do you define "indefinite"? My guess is, that you have not filed for I-485 and you foresee a long wait before eligible to file I-485 and this is what you have termed as "indefinite".

    Hint: AC-21 is not for just GC job, it can be used for any job.



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  • mariusp
    03-04 04:23 PM
    As an update,
    I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
    I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
    I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.

    So basically, this is the 3rd time I call and the first time they're willing to do anything to help.



    I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!




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  • dingudi
    03-23 11:47 AM
    Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.

    Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.

    Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?

    Thanks!

    I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.

    If you still want to do the landing then you should be prepared for RFE or NOID on your 485.



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  • vin13
    07-16 05:58 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    How about basing it on when a person entered the country. Will that be fair for you?




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  • go_getter007
    12-17 12:33 PM
    You may want to focus on (and be thankful for) what you have out of the following:

    1. Good health (which we often take for granted)
    2. US born kids (at least they are citizens, if that's important to you)
    3. US education (a different experience for sure)
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
    5. Good work experience (this is transferable and more or less ensures a decent future)
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!

    And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?

    Cheers,
    GG_007


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?



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  • Macaca
    07-08 08:17 PM
    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.




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  • glus
    05-23 11:26 AM
    Fax numbers to key senators in DC offices:

    Clinton: 202-228-2082
    Schumer: 202-228-3027
    Lott: 202-224-2262
    Reid: 202-224-7327
    Cornyn: 202-228-2856
    Hagel: 202-224-5213
    Martinez: 202-228-5171
    McConnell: 202-224-2499
    Kennedy: 202-224-2417

    I faxed them....do it tooo......its for our good and our future.



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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.




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  • psk79
    09-10 11:23 AM
    Hey, Anyone whose checks cashed but still didnt get their receipts? My checks were cashed 5 days ago. So far no receipt notices.. I got the receipt no's from back of the checks and the lud on 765 is 9/7 but it still says we mailed out a notice on how we process this case.....



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  • pappu
    05-23 11:32 AM
    Logiclife,

    Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.

    Also i will reformat the template in Word and fax it to 12 senators.
    Those are important in the priority. We want to encourage everyone to send to all senators.




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  • harikris
    09-10 09:28 PM
    Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.

    I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.

    If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.

    The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.

    These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.

    Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.

    Deepak,
    You are very practical and have excellent points.
    Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.

    I am becoming a donor for the following reasons -
    1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
    2. It is not free to get anything done in the commercial capital of the planet
    3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
    4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.

    Wish us luck and my best to everyone in all their endeavors.



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  • MightyIndian
    04-25 05:49 PM
    Finally received my FP notice today after 7 months. FP appointment on 5/12.




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  • h4help
    10-12 08:33 AM
    How current is the online status on this uscis website ?
    I check it every day ..

    For my husband, even though it said card production ordered, the tier 1 customer service said that it was still pending.

    But still he got his card, then only after a few days, the cust service also said the same status..

    anybody faced this ambiquity with customer service ?



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  • pamposh
    08-18 01:37 PM
    I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess

    Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.




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  • cal97
    11-06 03:38 PM
    I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.

    Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.


    Hi

    What did the infopass appointment tell you? Were the officers knew what they were talking about?

    Thanks.




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  • Ramba
    04-20 03:50 PM
    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.




    titu1972
    07-05 09:19 AM
    Mine reached at July 02 10:25am at Lincon,NE. Received by J.Barrret. Ship date June 29.




    gc28262
    07-20 11:35 AM
    It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
    smuggymba,

    Do you have any numbers for advocacy effort participation in terms of EB2 vs EB3 ? You and some EB2 members on this forum seems to be suggesting that they are getting GCs faster because they did some outstanding effort in terms of IV advocacy effort. Would you mind sharing some evidence in case you have some ?

    I didn't see EB2 guys overcrowding that event. There were well meaning, sincere members from both EB2 as well EB3.

    Please stop lecturing EB3 guys. If pappu or someone from leadership want to lecture us, it is fine. Not every jack and jill on this forum should lecture us.



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