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  • Saburi
    03-03 03:30 PM
    MDix,
    What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.

    I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.


    Thanks.

    I Agree with you, EB3 I will never ever be current unless there is a resolution or releaf passed by Mr Change (Obama) or his lobby, there is no light beyond this tunnel until we see some releaf which does not look getting this year atleast and may be another couple of years.

    Predictions are good to just hear and watch and here predictions are like lovely dreams which will never come true unless untill any big chnage is taken place, and the only person who i have hope with to do something for EB3 I is President Obama.

    But he is kind of busy with other important issues and our issue is not that important for him reason may be we are not his vote bank and will get to the curve of getting the GC when we are very close to our graves.

    This is really furstating and freinds sorry to express my frustration here on this forum but i am done and just look at my PD Dec 2001 for the past 1 year i hear from my lawyer you are just the next badge and should be current in the next bulletin.

    I think we should live everything aside and just do our best at work thats what i am doing and thank god for getting our bread and butter in this economy.

    Sorry if i was too loud and noisy.

    Best Regards

    Saburi




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  • santb1975
    05-29 11:44 AM
    Let us keep this going




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  • Kodi
    05-08 04:15 PM
    Do they always ask for recruitment info or only when they audit the case?




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  • kopra
    05-02 09:43 AM
    yes...it would have been nice if we got the stimulus pakage with this situation of spouse on H4/ITIN. I called my congresswomen and wrote a letter to IL Senator(obama) to let her/him know this issue. I dont expect any action, but since they are aware of this situation, may be next time when they give this pakage( may be 10 years from now) they will include H4's


    Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.



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  • needhelp!
    09-10 08:00 PM
    gctoget, rajamanikannan, hemants




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  • mirage
    08-04 03:24 PM
    I would request everybody to send out the mails ASAP. This will certainly help....
    ----------------
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...

    -------------------------------------------------------

    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072



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  • akv123
    07-20 06:10 PM
    The numbers are assumptions and NOT facts. Most of these numbers have actually been pulled from other places or based on some rationale (for example 750,000 from Matthew Oh site, 5 minutes/EAD based on what need to be done to print out a card and pack in an envelop)
    Workforce of 30 though is a gross assumption. Bigger the number better it is. So we may actually want to question USCIS if there are any resource constraints.

    Outsourcing is a perfect Idea! What do you have in mind Wipro at Banglore? :D

    What about bringing on H1B fresh graduates as Visa Processing Experts with a two days of Boot Camp Training? Anyway, we are forgetting that USCIS processed 25000 applications in 2 days. Please do not undermine efficiency we have seen in last days -- with that rate, I expect everything to get cleared in few weeks. If improved productivity is maintained/sustained to this level, I do not see any chance for outsourcing or bring H1B guys to this country. Best luck America!




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  • ind_game
    05-15 09:53 AM
    Hi ind_game,

    For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.

    Please correct.


    My apologies........Can I correct the thread message now........it looks I cannot.......anyway here is the updated....thanks ak_2006

    Here is the scoop.

    from US Congresswoman's office, an immigration specialist spoke to their liaison at the Nebraska Service Center.

    Liaison confirmed the following:

    1. I-140 approval in September, 2007 (actually 09/04/2007 as I have the hard copy)
    2. I-140 revocation in Feb, 2009 ( he has not provided the day of the month, but from LUD I have it strongly pointing to 02/03/2009)
    I have not told the Congresswoman's office about the I-140 revocation. Just mentioned that it might have happened as I have left the company.

    3. Liaison did confirm that even after the I-140 being withdrawn I am eligible for adjustment thru AC21.

    4. Liaison did agree that if the I-140 was revoked within the stipulated time given in AC21, Nebraska�s decision to deny the I-485 may have been in error. (which in my case is true)

    Immigration specialist at the Congresswoman's office is going to contact the Director of NSC to review this matter with a supervisor

    Unanswered questions:

    1. If the Liaison can see that my I-140 is approved on 09/04/2007, why is that the adjudicating officer is responding with a denial on 09/04/2007 and subsequent denial of I-485?
    2. Are they both not looking at my information with same interface?

    Conclusion:
    Atleast in my case it looks deliberate and intentional.



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  • GCwaitforever
    05-02 09:37 AM
    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�



    Good job Admin2.

    Folks with ITINs,

    Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.




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  • gc28262
    05-13 02:07 PM
    Called all Tier1 Senators and left/passed on the message

    Called Tier2 Senators and left message.



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  • mjdup
    01-02 11:51 AM
    That's very impressive yabadaba, you have excellent writing skills !




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  • bigboy007
    06-04 11:59 AM
    why not ? 140 and 485 can be filed at same time if dates become current.



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  • ganguteli
    07-06 02:57 PM
    You morons, You have spent so much time in useless discussions and anti-immigrants are laughing at your foolishness. Its high time your greencards applications get a denial or RFE. You will come crying to IV to save your status. Or else you will be deported. That is all you can do. You guys have got sub labor or faked your resumes and now you want someone to be accountable to you. First learn to be accountable to yourself and your values.
    Here is what antis are telling you aholes:
    As for you fuckers over at Immigration Voice that caused this temporary outage, keep it up. The more time you waste harassing me, the less time you have to send flowers to politicians, begging for your green cards.

    Give it up, slumdogs. The whole H-1B thing was like a little tryout to see if you scumbags could fit into American society. Since it is clear that the bigoted, misogynistic caste mentality is ingrained in your DNA, we have to send you home. Maybe we will make you wither in limbo for 10-20 years, dangling a green card in front of your eyes, but the end result will be the same. You will have to leave.

    Unfortunately some of you may not live long enough to see that open sewer of a sub-continent again. You may die here in America, in an accident, or by natural causes, or commit suicide like all the techies in India are doing.

    Either way, by death or deportation, you will be gone.

    And Americans can go back into I.T. once again and reclaim the industry that we created.

    STFU you freeloaders




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  • scorion
    01-06 12:07 PM
    I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped

    Hi,

    I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.

    Thanks a lot in advanced



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  • Sakthisagar
    02-24 11:41 AM
    The Congressional Hispanic Caucus has successfully blocked consideration of all immigration legislation until amnesty is brought up for a vote. Unless and until the issue of amnesty is resolved, we aren't going to see anything. On the other hand, if amnesty is voted down, then expect to see just about everything else passed.

    The good news is that the jobs bill is ready to pass the Senate within the next day or two. On Thursday, they are going to have the health care summit. At that point, they will either decide to push the health care bill through via reconciliation, or go into extended negotiations with the Republicans. Either way, it definitely looks like a window might open up for CIR in the next couple of weeks.

    The above is what Ron Gotcher (imminfo.com) says rather gives hope for the future!




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  • thescadaman
    05-10 11:40 AM
    Thanks for your reply. Infact I talked to the manager(Supervisor) at two DMV locations in Houston TX. First one only told me about this rule. At second place, since I insisted they showed me the rule in writing. I also expressed my frustration asking what kind of rule is this? They just washed hands saying they didn't make the rule and put the blame on texas legislature and parliament! Anyways will try your written rejection letter option.
    Suprised to read that you were able to make it in texas. Does your DL has Temporary Visitor Status Expies <Date> stamp on it?

    This is the highly detailed Official Document which (thankfully) does a good job of explaining the various statuses (25 pages long) - the criteria for applying and the validity of the DL.

    http://www.txdps.state.tx.us/DriverLicense/documents/ImmigrationStatusChart.pdf

    aerady - Have you applied for I-485?
    If Yes - then Look at Page 3 of this document

    Applicants for adjustment of status:
    Doc Required: Immigration documentation indicating this status � or Employment Authorization Document (EAD)(I-688B or I-766) with category C09. This documentation can include, but is not limited to a form I-797 indicating a pending I-485 or pending application for adjustment of status.
    Temporary Visitor Status Date: 1 year from date of application.



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  • pd_recapturing
    11-24 05:21 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??




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  • db12320
    03-30 06:04 PM
    here is the IRS link which says all non resident aliens will not receive the check, irrespective if they have a SSN or not. Last I knew every H1 is a non-resident alien.

    http://www.irs.gov/newsroom/article/0,,id=179181,00.html

    Snippet from the site:-

    Q: I know some people won�t get a stimulus payment. How do I know if I�m one of them?

    A: You won�t get a stimulus payment in 2008, if any of the following apply to you:

    *
    You don�t file a 2007 tax return.
    *
    Your net income tax liability is zero and your qualifying income is less than $3,000. To determine your qualifying income, add together your wages, net self-employment income, nontaxable combat pay, Social Security benefits, certain Railroad Retirement benefits and certain veterans� payments.
    *
    You can be claimed as a dependent on someone else�s return. For example, this would include a child or student who can be claimed on a parent�s return.
    *
    You do not have a valid Social Security Number.
    *
    You are a nonresident alien.
    *
    You file Form 1040NR or Form 1040NR-EZ, Form 1040PR or Form 1040SS for 2007.




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  • santb1975
    07-15 09:47 PM
    Let us see if this campaign gets participation from SoCal members who do not visit IV boards on a day to day basis




    gcadream
    02-24 08:47 AM
    Dear Sakthisagar

    As you said that you applied for H1 extn in 2009 and got extended only for 1 yr instead of 3 yrs [as your I-140 was approved], this means that this yr if suppose you have to apply for H1 extn again that means again the employer has to pay around 4000$ for extn and your have to pay again around 500$ for H4 extn correct ?




    andy garcia
    10-01 05:08 PM
    Let us wait for the statement from USCIS

    It is a long wait.

    First the DOS publishes a preliminary report on March/April
    then the final report from CIS is not published until July/August of the following year.



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