logiclife
07-06 06:39 PM
Bay area residents:
Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.
People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.
But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).
Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.
Let's do this.
Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.
People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.
But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).
Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.
Let's do this.
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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.
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.
anantc
08-20 02:45 PM
EAD renewal applied for spouse: July 21 2008
Receipt dt/Check EnCashed: July 23 2008
--------------------------------------------------------------------
PD:Oct 2003
I-140 (EB2) Filed in Oct'06 received query in Dec 2007. Employer forced to change to EB3 140..so
I-140(EB3) Pending and transfered to Nebraska Center
I-485 Pending (But applied before EB2 140 got query) ..so
No Idea!! :((
More than 9yrs waiting now! with some Hope of getting EB3 485 moving to Oct 2003 and up in Sept.
Receipt dt/Check EnCashed: July 23 2008
--------------------------------------------------------------------
PD:Oct 2003
I-140 (EB2) Filed in Oct'06 received query in Dec 2007. Employer forced to change to EB3 140..so
I-140(EB3) Pending and transfered to Nebraska Center
I-485 Pending (But applied before EB2 140 got query) ..so
No Idea!! :((
More than 9yrs waiting now! with some Hope of getting EB3 485 moving to Oct 2003 and up in Sept.
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pappu
10-17 02:21 PM
you made two critical assumptions to support your claim:
1) Since responses and postings of key members are sparse, they are working day and night on getting the immigration reforms through
2) If key members post on these forums, they will necessarily post half baked news which causes excitement.
Apparently you completely missed the point. I am asking core members to participate in discussion on these forums, not to put sensational headlines that excites people. Hope that helps.
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
1) Since responses and postings of key members are sparse, they are working day and night on getting the immigration reforms through
2) If key members post on these forums, they will necessarily post half baked news which causes excitement.
Apparently you completely missed the point. I am asking core members to participate in discussion on these forums, not to put sensational headlines that excites people. Hope that helps.
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
more...
a.j.2048
02-09 08:13 PM
Terrorists are banned from visiting USA.
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Ah, but terrorists targetting India are welcome in the USA. Musharraf is welcome to visit and Headley was welcome until he turned against the Europeans. Now see what Indian politicians are welcome in USA with reference to the original comment :p
Narenda Modi has been banned from visiting USA.
You do the reasoning :D
Ah, but terrorists targetting India are welcome in the USA. Musharraf is welcome to visit and Headley was welcome until he turned against the Europeans. Now see what Indian politicians are welcome in USA with reference to the original comment :p
anilsal
12-16 01:34 PM
to motivate and console each other. This is what IV is all about. :cool:
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buddyinsd
08-25 04:27 PM
No approvals today? Whats going on???
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ruby
07-20 11:50 AM
I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).
more...
GC_Optimist
10-27 10:38 AM
Congress is going to meet on Nov 13. after the elections.
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for_gc
10-25 06:21 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Good Points Senthil. All we need is something like doubling the # of GC's for the next few years. No blanket provisions. I hope the congressmen are sensible to do that and soon.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
Good Points Senthil. All we need is something like doubling the # of GC's for the next few years. No blanket provisions. I hope the congressmen are sensible to do that and soon.
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Prashant
07-10 10:30 AM
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dreamworld
12-13 04:42 PM
I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
more...
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caydee
05-23 06:33 PM
Any reason why we arent considering the 2008 presidential candidates in our email campaign?
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sunny1000
07-09 12:14 PM
Here is something to note:
Accepting I485 along with a pending I-140 is part of the rule making by USCIS and so they may choose to change the rule back to "not accept I485 until an I140 petition is approved" just like that good ol' days before 2002, if they want.
But, I don't think they would do that as they need all the money that is being generated by EAD/AP.:rolleyes:
Accepting I485 along with a pending I-140 is part of the rule making by USCIS and so they may choose to change the rule back to "not accept I485 until an I140 petition is approved" just like that good ol' days before 2002, if they want.
But, I don't think they would do that as they need all the money that is being generated by EAD/AP.:rolleyes:
more...
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balakishore
07-20 10:27 AM
Could some one please tell me on how to contribute for this issue ?
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
I am ready to contribute a little.
I hope everybody will contribute a little, so that AMAN will come out of this issue.
--Balakishore
( Contributed $100 till today )
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atlfp
05-02 11:14 AM
This seems to be a backup bill in case CIR fails. Let figure out someway to sink CIR then. :)
-- removing unnecessay quote...- Moderator
-- removing unnecessay quote...- Moderator
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
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saturnring11
07-22 06:53 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
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pappu
03-12 07:40 AM
Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.
Thank you ALL for responding to my post.
I also sent an email to my congress-women and lets see if go through.
Thanks again to all of you out there.
Thanks for responding.
Pls consider adding your story in the thread http://immigrationvoice.org/forum/showthread.php?t=1940
Pls update your profile with your contact information and name so that we can get your plight published and make some impact via media. Thanks for being part of the struggle. This community understands your plight and we are also in the same boat. Lets use this energy to work on IV action items and enable a change in the broken immigration system.
Thank you ALL for responding to my post.
I also sent an email to my congress-women and lets see if go through.
Thanks again to all of you out there.
Thanks for responding.
Pls consider adding your story in the thread http://immigrationvoice.org/forum/showthread.php?t=1940
Pls update your profile with your contact information and name so that we can get your plight published and make some impact via media. Thanks for being part of the struggle. This community understands your plight and we are also in the same boat. Lets use this energy to work on IV action items and enable a change in the broken immigration system.
sanjeev_2004
10-08 01:15 PM
It already does, if you have an approved I-140 based on your LC.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
For old PD, pending I-140 should not be bottleneck.
PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.
10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.
gcnirvana
05-23 12:09 PM
Sent emails to 2 + 10 Senators. I will fax them in a while. Thanks logiclife for coming up with this template.
Go IV Go...
Go IV Go...
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