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  • Znan
    07-12 11:51 AM
    Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.



    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • lvinaykumar
    07-16 07:40 PM
    Can we sue them for spreading false information





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  • jackrabbit
    07-17 11:01 AM
    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.


    Does anyone know if we can sue them. I am sure that they are a registered organization.



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  • Macaca
    01-18 10:56 AM
    BY THE END OF THE YEAR I WOULD HAVE CONTRIBUTED AROUND $2700 TO IV

    Shame on you if a member plans to contribute $2700 and you have contributed less then 10% (= $270). You are benefiting equally.





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  • varshadas
    01-30 12:22 PM
    This is what I have come up with so far. Please everyone, feel free to modify this:

    Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
    EB3 moved 2 weeks in 10 months!
    EB2 hardly moved in 10 months!

    If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.

    Do you know how this affects you?
    � Frustration of sticking to the same employer and no career growth.
    � Children not being able to get state benefits.
    � Spouses unable to work.
    � The feeling of unsettlement.
    � Above all, tons of mental stress.

    Do you want be in this mess for ever. I am sure you don�t. We deserve better.

    We all have to fight together to fix this broken immigration system and achieve IV�s goals to
    � Remove retrogression
    � Remove backlogs in labor certification
    � Remove backlogs in I-140 and I-485 processing
    � Revise the way visa quotas for highly skilled workers are determined

    Register FREE to become a member today!
    www.immigrationvoice.org



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  • rajuram
    01-25 08:18 PM
    understood.

    This is as per my experience and talking to people who know about letter writing.
    Are you sending these emails with your name, address etc from a genuine email ID? Try sending it from your office ID if you are serious.
    Otherwise all your emails are getting deleted by the spam fileter and you are wasting your energy, time.

    I came to this site while searching on Google to read about investments and buying houses kind of topic and I think those are good threads. They help us increase our knowlege and help in real life in the life of an immigrant waiting for greencard. Most people after getting EAD do not eally care about Greencard like you but care about these issues more. Green card will come anyways for them, sooner or later. You cannot keep discussing about Immigration all the time. Such threads add interest to the site. Who is interested in reading threads like Stamping in Tijuana, H1B denied, Got no FP notice Please help Urgent, etc





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  • rajuram
    01-24 01:15 PM
    What is the next item we are waiting for, it has to be "wait for the economy to get a little better before the congress will do something".

    This chakraview never ends. Please god (or IV) help us ......

    We have no more excuses now.

    1. Elections are over. So all arguments like "wait till the elections are over" do not apply.

    2. We have a pro immigration president now.

    3. Democrats are incharge of the house and the senate.

    This is a good time to act. What is IV waiting for...

    Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)



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  • rayoflight
    06-15 10:02 AM
    I meant can we get a list of all the states the emails have been sent by all the members.

    The mail will only be sent to your US Senators from your state.





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  • pappu
    07-02 10:36 PM
    We need to run a media drive from tomorrow with full speed so that we can communicate this absurd action by DOS and USCIS.

    How can they give 18K greencards in one day? and 60K greencards in one month. Where was the lack of manpower and heavy workload excuses?
    Why did they make the dates current in the first place when they knew they cannot handle so many applications? There are so many questions that need answers.

    This system is broken and needs to be fixed. Let us communicate to all our friends who are affected with this tragedy today so that we can all unite and make efforts to have our voices heard.

    IV release
    http://immigrationvoice.blogspot.com/



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  • dankusam
    12-12 09:39 PM
    Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?

    Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?

    Thanks much!!





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  • GCKaIntezar
    01-30 10:51 AM
    Waiting for the finalized copy of the flyer. Please post it today, I'll review and re-post for others to comment.

    Ajay,
    Let me know when do you want to do it? How about this Friday?

    Cheers!

    I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.

    Did you guys distribute flyers at Metropark?

    Thanks,
    Varsha



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  • perm2gc
    06-11 10:49 AM
    Send the mail ..





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  • little_willy
    10-15 06:14 PM
    Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.



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  • chanduv23
    11-11 03:44 PM
    I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.

    Just show the real numbers to the media -

    Approx 0.5 million people (well educated with decent earnings)
    Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
    Potentially quarter of million buyers for houses, that is a lot!!

    I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.

    Please come up with ideas. Remember - IV core looks at all the posts and get ideas from the forums. You may want to start a thread saying - Lets all put our constructive thoughts about moving ahead with Obama administration here. People can posts their ideas, plans, implementations, strategies ...... and we can all discuss.

    Rajuram - your concern is valid and basically what is happening is - IV now needs some dedicated new generation members who can make a difference. thats how IV has been working from the beginnibg, people come and go - so do admins.

    You can help in this way by opening a thread to share new ideas and strategies.





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  • snathan
    03-10 01:13 PM
    Yes...we need to get the unused visa numbers. But this is not the right time for that. Because of the economy there will be huge outcry and we should avoid the negative publicity.

    In this situation if things are not going bad for us, we should be happy. At least for status quo rather than losing what we have.



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  • perm2gc
    06-11 10:49 AM
    Send the mail ..





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  • eeezzz
    02-14 11:52 AM
    The spirit of US is to united everyone from different countries and races to live together to be loyal to the same country. But truly they don't want too many immigrants from one or two specific country. That is why they setup the country limit rules. So the population for all the immigrants from differnet places grows up about equally in this country. I think this is normal to every country. I believe every country will do the same if they are facing a lot immigrants. If the other day many immigrants from other countries want to go India, Indian gov. will do the same.

    Just to be curious, where is the fight the OP mentioned. Can OP link us or is it just OP think there is a fight?





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  • Green.Tech
    03-03 03:56 PM
    Consider this:
    Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visit dramatically increase if there are newsworthy events affecting everyone is happening.
    So the sample size is NOT 25K but around 500, based on the daily visits.

    This of course is not a whole lot but Idea is not be statistically correct but to feed newsworthy information and here are the facts.
    a) 1 MM people in the line for EB green card
    b) All of them highly skilled with at least bachelors
    c) Average income 75K +
    d) Average family size: Slightly more than 2 .
    e) Life Dream : The American Dream
    f) Bottleneck to the life dream : The long ,excruciating backlogs.

    How about another option for people who are going to buy shortly even though their GC approval is far far away?





    sands_14
    09-23 10:03 AM
    I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX





    dealsnet
    08-22 09:58 AM
    We are not terrorist. Majority are from India, China etc. You are asking for help from terrorists !!!!!!!!!!! (according to you)
    We didn't blow up any buildings. We built buildings, civilized world, literature and technology.
    We have more than 5000 years of civilized history. That time your people and Europeans are nomads and barbarians. We have great universities and Cities during ancient times.

    You are totally ignorant about the world you live. Leave about immigration. You are day dreaming. You thought just file I-485 will give you GC, you need to file I-130 or I-140 before that.

    The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
    Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!



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