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  • I am a July 2 filer , finally received my receipt for 485, EAD, AP from texas.
    The notice date is Sep 6.

    Also, EAD card ordered





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  • Yes, we must all understand that AC21 is not a law.

    The correct way of stating it is AC21 Act of 2000, signed by Pres. Clinton is law of the land. But, that law doesn't come into effect until and unless the concerned Government department (in this case USCIS) publishes the regulations in the Federal Register. This hasn't happened so far with AC21 law, though we are approaching a decade of it's passage.

    An unfortunate example I can give to illustrate the point is the U & T visas created by US Congress some years back to help victims of sexual-trafficking and domestic violence to remain in the country and adjust status to LPRs. Unfortunately for these hapless victims, they couldn't get the benefit of these visas as USCIS did not make the regulations for years. ( I'm not sure of the status now).

    There is a saying that 'what the legislature gave in the law, the department took away in regulations'. Department can deny the benefits in two ways. Delaying/not framing the regulations or framing them in such a way as to take away the benefits of the law.





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  • I have sent the 4 letters.





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  • I've been stuck in India now for 55 days !:mad:

    I am sure you must have given this information earlier but can you please tell me where did you apply? And was it your first stamping or a renewal case?

    Also are u stuck coz of PIMS or 221 g clause?

    Thanks





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  • Guys,

    This is one of the most critical issue we are facing today. The activity has proper plan defined as endorsed by IV.

    Please don't think that AC21 is not for you. In current market anything can happen to job anytime. Please do participate in the activity and help the group resolving the issue with USCIS in right way.

    Sending mails is first step and has to be done successfully before second step could be taken.

    Sent my mails.





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  • "7% country speciific limit for primary applicants" and "2% country specific dependent limit" is mentioned in every bulletin published so far and so actually it is 9% limit - country specific together.

    But question is " what is the meaning of it?" and "How to read it?"

    Now the tables what are published in bulletin and we smash our heads daily on them are meant for "Visa number availability" not for "Physical Green card orderering".

    So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

    "7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

    In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

    Above mentioned explanation is the real meaning of this bullshit.

    calculating and interpreting 0.07 x 0.286 for particular country is a wrong concept and I know millions of us follow that in their analysis and arguments but that is completely wrong.

    I don't get how you are getting the 8008 figure. Based on the 9%, you are right about the cap for any country being 12,600 for all EB categories combined.
    Pre-adjudication has nothing to do with country quota. And 'assigning a number' is still based on country quota. With all the pre-adjudication, it is likely that 'assigned numbers' = GC approvals. The 'assigned numbers' concept was a lot more relevant till last year, when they had numbers, but still had to 'process' the applications. Now most applications seem to have been 'pre-processed'(pre-adjudicated)

    I do appreciate your work. Just trying to help achieve a more accurate figure.





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  • Yes, that is the part of the problem
    are you paranoid that you are going to loose your job real soon, why do you need a GC sooner, how is it going to change your sorry life.





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  • There is nothing wrong in fighting. At least it will be used to prevent the same mistake in future. But it is not a bad idea to analyse the outcome so that everyone can prepare for that. My view is this campaign will be used for preventing future mistakes. I will be pleasantly surprised if we get more benefit than that. Even lawsuit also will serve the purpose and will give strong warning to USCIS.
    I can tell many examples. Due to one persons misjudgment so many American and Iraq people were killed. Do you think they can get relief? Whatever relief people got it cannot bring back peoples lives. But still lot of people are thinking that Iraq could have been handled differently and many people are fighting against War. Most people realize mistakes after someone is impacted.



    In the name of thinking differently we have smitha, senthil1 , asdqwe..and these guys confusing this struggle / fight for us trying to get ahead of the line or as senthil1 keeps saying uscis/dos made an honest mistake and asdqwe..keeps saying we need to fight for legislation rather than wasting time with these efforts. What all these guys and their ilk fail to understand is most of us are pissed off about the way it was implemented and handled rather than the ability to file AOS itself. If we sit and do nothing is like asking uscis / dos to walk all over us again and again. Besides in US law whenever there is a gray area, the decisions are based on precedents. This means if they have done this now means they can do this in any bulletin hence issued. They can issue a bulletin in Oct 2007 and on Nov 2 say "oops sorry my bad wrong bulletin" . Please come out of the basement and face the sun.





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  • congratulations inderman!!!..enjoy your freedom.





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  • I feel really happy, for once USCIS acknowledged our efforts and also the end results is really good because the injured will recieve flowers from some one they will never meet.
    There is strength in the ways of GandhiJi.





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  • I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)

    It is interesting that we are using anti-immigrant's arguments to pin L1s.

    I would like to point out the differences between H1B and L1
    1. There is a yearly limit for H1B (65k + 20K) but L1s are limitless.
    2. A minimum wage need clause is there for H1B but minimum wage is not required to be paid for L1s. There are people in L1A visas who are supposed to be Senior Managers are sometimes paid less than 60K per annum by these offshore companies. As although they are brough in L1A visa they are in fact developers.
    3. Almost 99% of the L1s are from offshore companies whose main intention is to send the project/job to offshore, most of the H1Bs do not have this intention.
    4. L1s cannot change their employer, so they are bound to follow what their offshore employer ask them to do i.e try to take the job offshore, H1Bs can change employers, they will not try to send the job to offshore as they will then eventually have tomove back to offshore.

    So if we clearify these points even to the antis, I hope they will understand who is the real culprint for the employment scarcity. Each of these companies are moving thousands of jobs out of this country making the problems for Citizens/Green Card holders/H1Bs.

    99.99% of all the L1s are not used as they were intended when the law was signed.





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  • I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?

    If an employer files for your green card and you do not work for the employer, it is considered a visa fraud. Also, you have to wait for 180 days after applying for I-485 to be eligible to work for an employer other than the one who filed your labor.

    Since you are in the country illegally, it would probably be faster for you to get permanent residency if the new immigration bill passes.





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  • The pdf with the pending numbers was created by a Rishi Lekhram, program manager at uscis, washington dc.

    Rishi Lekhram - LinkedIn (http://www.linkedin.com/pub/rishi-lekhram/13/a08/a59)

    How ironic is that.

    Maybe IV ought to get hold of this guy :)





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  • 3 more co-sponsors added, the total is now 31.:)

    Also noticed only 8 Republicans v/s/ 23 Dems.

    Although number of republicans so-sponsoring is lower, it's still 25% of the total so there is hope that more will support it when it comes to voting. ;)

    http://www.govtrack.us/congress/bill.xpd?bill=h110-5882

    Rep. Zoe Lofgren [D-CA]hide cosponsors
    Cosponsors [as of 2008-09-10]
    Rep. Neil Abercrombie [D-HI]
    Rep. Earl Blumenauer [D-OR]
    Rep. Michael Capuano [D-MA]
    Rep. John Carter [R-TX]
    Rep. Henry Cuellar [D-TX]
    Rep. Artur Davis [D-AL]
    Rep. Thomas Davis [R-VA]
    Rep. Lloyd Doggett [D-TX]
    Rep. Anna Eshoo [D-CA]
    Rep. Gabrielle Giffords [D-AZ]
    Rep. Wayne Gilchrest [R-MD]
    Rep. Raul Grijalva [D-AZ]
    Rep. Michael Honda [D-CA]
    Rep. Sheila Jackson-Lee [D-TX]
    Rep. Doris Matsui [D-CA]
    Rep. Michael McCaul [R-TX]
    Rep. James Moran [D-VA]
    Rep. Sue Myrick [R-NC]
    Rep. Jerrold Nadler [D-NY]
    Rep. Grace Napolitano [D-CA]
    Rep. Edward Pastor [D-AZ]
    Rep. Lucille Roybal-Allard [D-CA]
    Rep. Linda S�nchez [D-CA]
    Rep. Loretta Sanchez [D-CA]
    Rep. James Sensenbrenner [R-WI]
    Rep. Peter Sessions [R-TX]
    Rep. John Shadegg [R-AZ]
    Rep. Jackie Speier [D-CA]
    Rep. Fortney Stark [D-CA]
    Rep. Melvin Watt [D-NC]
    Rep. David Wu [D-OR]

    Have you noticed that NOT many co-sponsors from MI/OH/IA/IL/OH/PA/MO/MN/CT/NJ/MA....etc states ? Does it mean something ? Many of them are the hardest hit states...or they are 'FULL' of immigrants....





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  • Smile or ..., I preferred 1st one..





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  • I will send the letters.

    Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.





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  • Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
    Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.

    You have every right to look after yourself. But it should not be at the expense of your comrades who are affected by this unjust system more than you are.

    Solution: direct your ire against the system that is unjust to you. ( USCIS, DOL, Gov etc). That is what IV is trying to do. Let them give enough visa numbers for EB based applicants.

    If many of the great leaders of the world were as selfish as we are, we would all be a herd of animals.





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  • Thats cool Glus

    This is about me. I was photographed yesterday!!





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  • http://www.irishlobbyusa.org./

    Irish Lobbying for immigration reforms.. ILIR supports the Kennedy/McCain bill.

    Immigrationvoice can touch base with them..


    gc_bronco,
    Be careful before contacting this group. If you visit their main website <www.irishlobbyusa.org>, the very first sentence states that, "WHO WE ARE: ILIR has been set up to lobby the US government on behalf of the estimated 40,000 undocumented Irish in the US. ILIR supports the Kennedy/McCain bill".

    So, their fight is primarily geared in support of undocumented (read "Illegal") people.

    We already have enough problems educating common people and lawmakers about the differences between legal and illegal immigrants. Let us not add fuel to the fire ourselves.

    Thats just my personal opinion.

    Good luck.





    Does the A# belong to primary applicant or it can be written in Spouse Application too ?
    Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.





    It is not true that all the H1bs are creating jobs. For one example I worked in a big garment company and they laid off hundreds of people(around 800) 4 years back and did offshoring 90% with 10% H1b and L1 to Infosys. This would have created less than 10 new admin jobs for setting up office here but it displaced 800 jobs plus all the new projects(jobs) go to Infosys and US government lost millions in taxes for a private company to save a few million dollars. But if a H1b is a real innovator or investor then he could create scores of new jobs but those guys are very less. They should be identified and rewarded by faster GC process.

    But real intention of H1b when it was created was to fill shortage of skills but not for competing with citizens in rate. If the real intention is to compete globally then that needs to be revealed while lobbying with Senators. There is nothing wrong with immigrants or H1b persons. Most abuses are done and enouraged by employers. Corporations prefers a person always to be in H1b so they want more H1b quota and less gc so that they can exploit people.

    Basically H1b numbers and offshoring needs to be increased when demand is high(Really it was needed on 1999 and 2000) and it needs to be decreased when demand is low. Also today also there is shortage of skills in a few areas. System should handle those also.


    Hunter, this is the first sensible post from you. Now you agree that abusers of this H1 visa system are corporations not the immigrants on their own. So far you were busy bashing immigrants.

    Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.



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