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desi3933
02-04 01:44 PM
Recently got Laid off. Here are my details:

-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.

I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.


My comments are in blue ....


My questions are:

-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.

-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.

I mean when do I have to inform USCIS if at all?
In the event of RFE.

Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally


Priority Date: Feb 2006


Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin





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varshadas
01-23 12:18 PM
Welcome aboard Hemal.

So here is the deal. The congressman to whose district I do not belong will not entertain any requests.

I called up Mike Ferguson and Rodney P. Frelinghuysen office.
Mike Ferguson's office asked me to fax to the request to his office
and I have to write a letter to Rodney P. Frelinghuysen with details of the issue and who will be attending the meeting.

So I guess, you guys have to contact your local congressmen unlike what I had originally thought.

List of the senators and the congressmen
http://www.visi.com/juan/congress/cgi-bin/newseek.cgi?site=ctc&state=nj

To find your local representative
http://www.house.gov/writerep/

There is no schedule right now for ongoing conference calls. They are adhoc. There was a tri-state chapter call on 1/19/07. Whenever, there is a conference call, there will be a thread in the forums about it.

IV has suggested that the senators of NJ are pro-immigration and that the congressmen are divided. When you call up your local congressmen, just say that you are calling to request a personal meeting with the Congressmen to discuss the immigration legislation.

I am going to talk to IV and find out the exact contents of the letter/fax that we would be sending.

Here is the format letter that you should use to request appointment from your local congressman



Date: 01/24/2007

Dear Congressman XXXX,

I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.

Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.

Thank you.
Sincerely,

(Place holder for your signature)
Your name:
Your address:
Your email:

---------------------------------------------------------------------------------------------------------------
You may have to make minor changes depending on how the Congressman wants the letter. One of the congressman contacted as for the number of people attending.
-------------------------------------------------------------------------------------------------------------------

Thanks,
Varsha





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onemorecame
10-05 01:21 PM
Congratulations�





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krishmunn
05-23 02:35 PM
Definitely much better than a computer operators'. I have high regards for people who work at reputed companies such as MS, ORCL, Apple though. By computer operator i mean people who try to speak english but sound as if they are speaking telugu.

What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?



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Macaca
07-01 11:28 AM
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Are you aware of a similar document that explains

country caps.
conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.

Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.





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pappu
12-13 01:12 PM
Pappu has doused the fire..:(
Thanks for understanding. sorry though for disappointing you.
I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.



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eastindia
08-11 02:57 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)

See their board and IV name is in it





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RNGC
09-18 09:12 PM
First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

Also, all our T-shirts should have
"Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


We cannot be perfect the first or second time....Lets learn from this rally....


A pat in the back to all those who attended the rally....

Good Luck



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mayhemt
09-10 08:06 AM
I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?

What do people here really think?

1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?

2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.

3. Wait for another X years, and then go back.

4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
--- Hoping family based GC would still be allowed by then

5. Don't know, confused?

6. Look for entrepreneurial options & file in EB5. You get freedom from daily-job-rat-race and visa/GC hassles.





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sayantan76
02-22 07:55 PM
I agree with you.
This guy googler just wants 5 minutes of fame and attention. By talking about such sensitive information on the forum, he is risking anything good that can happen for us in future. DOS can get unhappy with this official for discussing such information. I can understand the motives of lawyers for announcing on their website. They want publicity and business for themselves by showing off their connections.
Any Govt official who mentions any piece of information to a member of general public or press does it with full knowledge that the information can become public knowledge....so either the information shared by this person with googler is not sensitive (most likely the case since generic USCIS modus operandi in making available visa numbers and moving dates should be public information) or the person does not care that sensitive info gets leaked. So Googler did the right thing in sharing the info

Also - i dont understand the logic that having this information could risk any good that might be coming our way - its not that googler's source is making any special favors or moving the dates faster than they should....all he is doing is moving dates as per USCIS policy.....so even if USCIS gets pissed off with this person and replaces him - the next incumbent would also move dates in a similar manner (nothing works like "precedence" in Govt).......the only harm coming our way is that we would have lost a good info source



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shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations

1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.

2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.

3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !

4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.

5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)

6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!

Loose ends:

1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.

2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!





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reachinus
02-07 09:01 AM
I can donate 16000 US Airways miles from 2 accounts. Please let me know the process.



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delax
07-14 07:14 PM
Murthy sent the letter after LOGICLIFE declared that something GOOD is likely or on the way.... IV is doing the job and she is getting the fruit (money)by just publishing it. When the lawsuit issue came up she took U-turn saying its AILA's job...

When i first came to US , i worked with a guy who used to Publish the results of my hardwork without even mentioning my name and get promotion. When i went to him for my promotion he said this year's promotion quota has exhausted .

Anyway i left that company and those kind thiefs ( who steal credit for other work) long back but the distressing memory of exploitation hasn't left my mind.


To a few of my misguided friends who seem to not understand the distinction between a lobbying outfit whose goal is to change existing law to better suit reality and a law firm whose goal is to work within existing law. As self-proclaimed proponents of "Gandhigiri" - I see its principles not being applied when dealing with each other. Is Gandhigiri meant only to show USCIS. Would the Mahatma have said the same things mentioned above before asking himself a few questions. I dont think we can question the motives and intention of anybody before fully knowing the facts. As a client of Murthy Law Firm here is a fact:

On her call last week for her clients, she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now.

Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.

If you feel that she does not work for immigrants you have no locus standi to avail of ANY BENEFIT from the lawsuit and as a true proponent of "Gandhigiri" you should VOLUNTARILY exclude yourself from any such potential benefit. :)

I know the Mahatma would have done the same thing.





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greencard_fever
04-06 07:38 PM
Please send him this link
http://immigrationvoice.org/forum/showthread.php?t=24126&page=8

He needs to post it himself if he wants to come back and if the story is true.

We need real people talking about it first hand.

Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.

Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..



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skd
09-18 01:47 PM
This is MUCH worse than Dot-Com bubble, As Dot-Com bubble was just for IT industry, this financial sector, Housing Sector, Insurence Sector. And obviously IT as IT is service industry for all these.
So we don't know what will happen.

It took 3-4 years to recover from dot com bubble........now this is the blast of financial industry so lets see how long it will take to recover....





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NKR
03-17 10:16 AM
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.


EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.



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indrachat_75
06-30 09:57 PM
Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.

Thanks
Indra





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addsf345
11-07 07:24 PM
trying to revive this discussion. Its been more than 6 - 8 months, so what are the updates? Please share.

I am aspiring AC21 wannabe. Appreciate word of advice from those who have successfully used this option.





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abhathakur
03-08 11:30 PM
The last time I managed to ping an admin assistant level person at the Records and Information Dissemination Section at FBI that is responsible for NNCP, she said the analysts were looking at the 2002/2003 files and this was when I called in November 2005 (No amount of cajoling or pleading or trickery would make her say a word beyond that, very intimidating the female!!!). I am not sure if the 2002/2003 was a reference to the receipt date or the priority date, my guess is it must have been the receipt date of the I-485 application.

Considering the receipt date of my application is in Nov., 2004...it is going to be a wait and the India EB-2 Visa availability in the interim for my PD can pretty much oscillate from being available to not and back and I'll still be waiting!!!

Anyway, it was good to know through a privacy act request to the FOIA division of the FBI that the index check in their central name check database produced no hits for me.....now if their NNCP bretheren would come to the same conclusion SOON, that would be something!!! By the way, I spoke with the FOIA liasion at the FBI and he did say that the NNCP department was in the process of making status inquiry possible again...dunno how long thats gonna take though!

On a different note, have made my second contribution to IV and have inspired an impacted friend to do the same and have exhorted others to make a contribution as well....my reason for aligning with IV, I like to fight the right fight not just because it is my fight right now.





inthehole
07-18 12:12 PM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.


Phone Number: 1-800-375-5283
Options 1, 2, 2, 6, 2, 2, 1 (For english)





speddi
07-13 09:25 AM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

Thank you



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