eb3_nepa
12-11 12:36 PM
Lets take another view of this "realistic" angle : Its common sense to go after the low hanging fruit first (I-485, filing EAD etc), but what we conveniently forget is in that case we will not have any support whatsoever from the corporates,AILA,health care industry etc. It will have to be a solo effort from IV for which we would need the support and active contributions from at least half of the one million EB applicants affected by this mess. So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
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bsbawa10
05-09 05:50 PM
I am all for law suite. That is the only thing that will work if it will. I have also written to whitehouse.gov/contact.
Thanks.
Thanks.
shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
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sweet_jungle
11-07 12:17 PM
Hello All,
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.
Dear Mr. Prakash ,
My name is xxxxxx and I am currently working at xxxxx as xxxx.
My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.
We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.
I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.
My details:
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My wife's details:
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Thanks a lot for your time
xxxxxxxxxxxxxxxxxxxxxxxx
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.
Dear Mr. Prakash ,
My name is xxxxxx and I am currently working at xxxxx as xxxx.
My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.
We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.
I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.
My details:
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My wife's details:
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Thanks a lot for your time
xxxxxxxxxxxxxxxxxxxxxxxx
more...
go_guy123
05-11 08:47 PM
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?
Indians dont abuse one thing...marriage based green card. people from many countries abuse that massively and get green card. I have stayed in us for long and have seen that.
Indians dont abuse one thing...marriage based green card. people from many countries abuse that massively and get green card. I have stayed in us for long and have seen that.
brij523
12-10 11:58 AM
Hi other IV users,
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
more...
godspeed
02-12 03:33 PM
bump
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VMH_GC
07-06 08:47 PM
People lives in Tri state, shall we have similar rally in New york City on July 14th?
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rahulp
06-12 07:27 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
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nehas
01-29 05:39 PM
thanks for the reply but i already accepted the employment with the employer who sponsored my H1B
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gcbikari
04-23 05:06 PM
I understand if the companies want to protect their business. Let�s say that X works at a client place through a vendor. X�s employer has an agreement with the vendor which says that he cannot employ his employee, the vendor has an agreement with the client which says that they cannot take X through another vendor.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
There is a time limit between X's employer and Vendor (they will renew the contract every year or so). But the problem is between X and his employer. As long as X is employed with his employer and usually 1 year there after (i.e. till one year) you can not work at same client performing same duties, this violates non-compete. If client agrees for vendor change, then employer cannot place you because of his agreement with vendor. If you are smart thinker and change both vendor and employer, then non-compete with employer will kick in.
My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn�t have freedom to move around and be with the same client.
There is a time limit between X's employer and Vendor (they will renew the contract every year or so). But the problem is between X and his employer. As long as X is employed with his employer and usually 1 year there after (i.e. till one year) you can not work at same client performing same duties, this violates non-compete. If client agrees for vendor change, then employer cannot place you because of his agreement with vendor. If you are smart thinker and change both vendor and employer, then non-compete with employer will kick in.
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CADude
10-12 03:31 PM
"PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?
more...
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anzerraja
07-19 08:06 PM
Tikka && RAMUS where are you guys ? Help us with advertising this thread.
I think Admin Can do it
Making it sticky the post always shows up in the top
I think Admin Can do it
Making it sticky the post always shows up in the top
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shailesh2006
06-07 05:12 PM
Hi
My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.
ss
My 485 application received by NSC on May 24, 2007 but still no receipt and even did not cashed the check.
ss
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royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
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sam2006
07-19 08:13 PM
Thank you
waiting4gc
gcsomeday
comon guys we will aim atleast 5 more today
waiting4gc
gcsomeday
comon guys we will aim atleast 5 more today
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CADude
08-01 04:53 PM
USCIS are doing internal transfer from more than a year(140 & 485). They are processing 140 and 485 at both the centers and requesting the application at NE only. It seems now you noticed.
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
if I-140 is approved at Texas.
Has anyone have any idea?
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kunjirs
02-26 09:39 AM
Was not active on the forum for long time. Visited the forum for a question and came to know about Advocacy Days in Washington DC. Will not be able to attend due to family commitments. Thanks you all for your efforts for this event.
Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.
Contributed $50; receipt number for this payment is: 4235-8095-3773-3845. I will also check to see if I have any air miles.
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desi3933
01-30 03:08 PM
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
No.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
No.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
purplehazea
05-05 03:26 PM
What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
chanduy9
07-05 11:14 AM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
We are not insulting any one....we are just tring to convey our feelings and the pain we are taking by just changing the bulletin. This much better than RALLY or any other way.
Thanks,
Chandra.
We are not insulting any one....we are just tring to convey our feelings and the pain we are taking by just changing the bulletin. This much better than RALLY or any other way.
Thanks,
Chandra.
