Friday, July 1, 2011

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  • gkdgopi
    07-07 08:38 AM
    Totally agree.. Can you tell which law has been broken by them.
    They didnt break a single law.
    USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
    But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
    DOS updated the bulletin , for which they have full legal rights,
    and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.

    If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.

    What about the applications received before release of bulletin?

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  • kshitijnt
    05-10 09:25 PM
    Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.

    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?

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  • nk2006
    02-11 11:39 AM
    Sent the check for $25 to the address provided by Akhil in the first post.
    Thanks for the effort.

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  • tempgc
    07-02 09:15 AM
    My usps status is as below, anyone in the same state ? Don't know when will they deliver it.

    Status: Arrival at Unit

    Your item arrived at 11:38 PM on July 1, 2007 in LINCOLN, NE 68501. Information, if available, is updated every evening. Please check again later.


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  • cjain
    11-01 05:18 PM
    pls try to statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...

    the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..

    So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.

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  • willwin
    03-25 05:41 PM
    Basis for this "trust", please?

    If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.

    My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.

    This is what Ron Gotcher also has specified.


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  • chanduv23
    02-17 11:35 AM
    I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad.
    Of course many of these expectations cannot be satisfied in a honest non profit.

    A dinner for a family costs $50 easily.
    A movie for a family costs $50.

    The mindset is incepted deep inside and it is extremely difficult to change.

    Sometimes, I see people wanting to do something, but their spouses don't allow them to.

    When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....

    People carry such mindsets, it is difficult to bring about awareness and change.

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  • desi3933
    07-09 12:24 PM
    Section 245.1 (g)

    (g) Availability of immigrant visas under section 245 and priority dates—(1) Availability of immigrant visas under section
    245. An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I–485 if the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that numbers for visa applicants in his or her category are current), and (if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved. An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101–238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service office.

    [Emphasis added for clarity]

    Not a legal advice.[/QUOTE]


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  • gxtrader
    09-13 01:05 AM
    Kudos to late july filers who got good news. Mine was received by F.Heinauer on July 30 11:23 am at NSC.......nothing yet.

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  • Venky Sreedhar
    02-26 03:13 PM
    Contributed $ 100/=

    Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)

    Original Transaction
    Date Type Status Details Amount
    Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD

    Unforunately I will not be able to attend because of a surgery.

    Good luck with all your efforts and I am sure we will be able to achieve something positive.


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  • reddymjm
    06-08 04:21 PM
    I am waiting for the check image to laod. will take an hour or so.
    It will start with LIN-07-177-5XXXX. It will be SRC if it is Texas.

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  • anukcs
    09-30 03:13 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!

    Thanks for the info. How early we should renew the EAD? TIA. anukcs


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  • Refugee_New
    08-18 02:35 PM
    Who so ever is willing to support SunnySurya read his earlier posts.

    All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.

    .................................................. ................
    Proud to be an IVian
    Supported all the campaigns so far
    $470 + $50 recurring

    Why not buddy?
    What about you nc14? Do you say YOUR GC, YOUR GC, THEIR GC, HIS GC, HER GC etc??????? and not worry about yours?

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  • Michael chertoff
    02-10 08:31 AM
    Is this the best you got??
    C'mon kiddo

    Mr. are the only one Smart@#$ we got here.



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  • pappu
    07-21 10:08 AM
    IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.

    This is correct. You not only need funds but also lot of warm sweaty bodies. !!

    We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.

    There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.

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  • tonyHK12
    02-24 02:22 PM
    I have received the news letter and it is pretty neat. But you know, many people are busy. So my suggestion was to send out another simple version with only the Advocacy day link with a request for contribution.

    Will check with StarSun. maybe a weekly mail with our funding status


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  • nixstor
    07-03 11:25 PM
    AAA members should get around 15% discount on FTD.. tin _Americans/who

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  • mariner5555
    12-16 06:21 AM
    you need to look at the money that you must have earned/saved and then be happy about it. also the system sucks but they made it that way for a purpose. US doesnot want a flood of immigrants and hence these quotas. ofcourse because of the strict system they had to face a bigger problem i.e. illegal immigration. In the end you need to realise that the only country which has open arms for you is your home country.
    my friend correctly told me ..if uscis tells me that I have to go back ..I will pack in a day and go back. we know english and have computer skills, we will get a job anywhere in the world.
    also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).

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  • sankap
    07-10 09:52 PM
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.

    11-06 02:51 PM

    I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07, approved - 7/24/07
    LUD in my case - 1131,485,765, - 7/11/07
    LUD in spouse's case - I131-7/11/07
    EAD cleared for spouse - 08/20/07
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    AP approved for spouse - 09/12/07
    EAD aproved - 10/25/2007 - for me
    FP for me- ??????


    02-24 02:20 PM
    If you choose the recurring option in the drop down ($25 for 12 months etc.), you will become a Donor. This is my understanding.

    How to get added to the 'donor' forum?? ;)

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