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  • ras
    07-02 12:53 AM
    following few more reasons may be added.

    - When a new employee arrives his/her knowledge of immigration matters is quite less and doesn't intend to take risks of going against the employers wishes. This is being exploited by many employers by way of threatening to cancel H1, intimidating that they will have to return back, instilling fear in all ways and means in the employees about the negative aspects. This leads the employee to think and step back in going against the employer.

    Soln : Better educate the new employee about his rights as soon as he arrives. This could be either through forums, websites or even an official supplement from USCIS which should be handed over to the employee when his H1 is approved. ( It could mention and clear all myths officially by USCIS). This instills courage in the employee to question the employer if not go ahead with law suits. Also, this even may reduce threatening by the employer.

    - Further most of the employees want their career slate to be clean without any law suit, dots, etc until their life is secured by way of GC approvals or some form of assurance from the Govt. This makes them step back on taking action against the employer.

    Soln: Well if there could be a system where anonymous complaints/whistle blowers are allowed, they probably may come out. However, rarely employee wants to reveal his identity though he suffers.

    - The immigration matters are so complicated with so many RFE's people are scared to add another their event to their history. Any transaction with USCIS is kind of a risky feel for the employee.

    Soln: This feeling should be removed.

    - immigration decisions are uncertain so people want to be cautious in taking bold steps.
    Soln : There should be assurance from USCIS that provided everything on the candidates side is good that his GC will be approved. If an employee believes that based on his/her good credentials in all respects they should assured be of a GC, they may come forward to fight against the erring employers


    Soln: How do we make employee believe if everything is right on their part, an appropriate decision will be taken by USCIS. People still dont have confidence in USCIS decision making process.

    - And for GC applicants, they fear anything against the employer would affect their GC process. At every stage (Labor, I 140 and I 485 ) they are being exploited in one or the other way. Always it the employee who is at the loosing end. I have never seen an empoyer loosing because of an employee...
    These are some of the thoughts...




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  • gcsomeday
    07-12 04:17 PM
    I am not sure what you mean by dont worry. For me personally paying $4000 out of pocket under my current circumstances is a lot. I agree,the PD may not become current soon unless something weird happens. But I am pointing out the fact that it is not a simple decision for most especially where companies or families with resource limitations are involved.

    I really dont see how people are treating this 'holding' as a sign of good things to come. It may be, but the probability is very small. This move is more to fortify their moves by screwing us more.




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  • sbabunle
    02-07 11:42 PM
    Its a very tough business to calculate the dates or numbers...
    First of all nobody gives an actuall count of cases accurately...
    Nobody know how many cases pending with USCIS...Nobody knows
    how much would be PD based distribution...Nobody knows how many
    people got LC but who cant apply for I485 because of retrogression..










    We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).

    After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...

    But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�




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  • fasterthanlight�
    05-30 11:28 PM
    The 1st of July is about a month from now.

    OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.



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  • When485
    04-01 10:06 PM
    Hi Amulchandra

    Thanks for your reply. Hopefully its for FP or Pre-adjudication :-)




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  • logiclife
    12-09 12:35 AM
    Your list of struggles thru various H1s and GC petitions and writ of mandamus is really long.

    Kind of makes everyone look lucky who havent had to go thru so much as you have been thru.

    Congrats. Enjoy your Christmas gift.

    Your case of the epitome of the broken employment based immigration system in this country.



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  • rajuram
    07-01 12:43 AM
    All that appears on this website is discussions about EAD, AP, buying a house etc. etc...These are very informative and useful.

    But, what about our larger goals? Will we ever get out of this rut? When will the retrogression end?




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  • m306m
    12-13 03:44 PM
    I have contributed $200 to the Omnibus fund drive and intend to contribute a lot more in the coming months. However, I would not have been a member of IV if this were a paid site.

    I prefer that the contributions are voluntary and I am an example of someone who joined IV as a member and then CHOOSE to contribute to the cause. If IV had asked me to become a member by paying $200, I certainly would not have joined.

    I vote to keep the site free and allow free flow of information. By making this a paid site we hurt the cause that IV is fighting for and we hurt potential members who would contribute.

    I want to ask members who have contributed $500 - $1000, if this site asked that much for you to join would you have joined? If so would you continue to contribute after paying this much money? After paying money to a pay site there is a sense of entitlement that people feel. They feel that they have already paid their due and they will not contribute additional funds thinking that they have already paid once when choosing to be a member.

    I urge the administrators and core member to please keep this site voluntary and free.



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  • santb1975
    05-23 10:19 PM
    congresswoman Lucille Roybal-Allard from the list as she is now the co sponsor of all three bills


    what was the decision though?




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  • noone2day78
    07-16 06:31 AM
    Signed earlier :)
    Spouse signed. Does not allow me to sign as it recognizes IP address!!

    Contribution so far:

    $200



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  • chanduv23
    12-03 11:19 AM
    Leo ...you are right, paid membership will drive away ...members who are selfish and got used to free food around ..Let them leave IV ...Paid member ship will stop enemies of immigration to think before posting or registering ..

    Lets do it .. make it Paid membership ..This a noble cause ..IV is a non profit organization ..We need dollars to proceed ..

    We have to target democrats more aggressively !!

    You are right. Many organizations do this. Once they have reached a base, they stop free membership. But from what I understand, a lot of people still don't know about IV and we must make more attempts to spread the word. Many people just don't know or understand the concept of IV. When we want them to join, the get suspecious and cautious and stay away. The idea here is to reach more and more people. IV is better organized now than what it was before and as people start to realise, they will come forward. Remember, IV is a concept and a platform andwill always stay. people may come and go - there will always be people motivated at different levels.




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  • BharatPremi
    07-11 10:47 AM
    If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.[/I]

    --- Your lawyer is mistaken about "Waste o fmoney". There is no waste of money. FIling now will have rejection and thus no money waste. "Waste of time" is also can b ecounter argued as most of the people have already prepared their docs so therr is no additional waste of time and even for second time filing for most of the people, just changing date on forms wouldbe necessary so thus again it would not be a waste of time. My 2 C


    ..



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  • cal97
    07-18 02:54 PM
    Pd: June 2004
    Category: EB2
    Reached NSC: 7/2 8:46 AM
    Rejected: Don't Know




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  • indrachat_75
    04-28 07:53 PM
    Made by contribution of $100. You guys are doing a stellar job. Hope we all get our Green Cards soon :)

    Indra



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  • chanduv23
    05-24 12:58 PM
    http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809




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  • number30
    01-28 11:05 PM
    one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.

    Anyways let us wait and see.

    Is it Attorney or the Nice officer ?



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  • october2001
    12-04 10:27 PM
    my I-485 was pending from 2001 and then my case was transfered to NBC I had an interview and then I got the I-797 Welcome Notice welcoming me as a permanent resident of the United States and it said on the notice you will get your green card in the mail in about 3 weeks and then checked my online status it said we ordered the card for production
    ok at this point everything is looking good
    and then after 5 days check my status online
    found the following :
    ##################################################
    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on November 29, 2007, and are now reviewing our earlier decision.
    #################################################
    am I in trouble?!!!!!




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  • eb2_immigrant
    04-30 03:18 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels (I do not know what it means though). Note: AFAIK, this is also not required, and besides, you should have the chance to do this while applying for citizenship.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (But, as InTheMoment points out below, the issue becomes moot if you invoke AC21.)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck

    Good post I like it and I probably may follow most of these eventually but, if I think about it, it seems to me lot of stress. Maintaining records from past ten (GC)/fifteen (Citizenship) years is certainly a stressful activity. Except education certificates I never cared for anything in my home country. In spite of taking care of all this, if you get involved in an unfortunate event everything GC/Citizenship goes into vain and back to square one.

    I am not trying to discourage or depress any one. It�s just a thought.




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  • sc3
    08-11 02:35 PM
    Sorry for ignorance, but what would you fetch from these voting results? There were already more than 100's threads before and as of now, if I am correct never seen any estimate data from any of us.

    Its just sheer waste of time in calculating estimates. USCIS has its own rules and no one can predict them.

    Just a thought. Please post the estimate data if you ever get, something?

    Best of luck.

    I guess it has less to do with estimates, and more about looking at the landscape. If there are significant portion of responses are above your date, one might, for example, choose to initiate porting/reclassification process if one qualifies for it.


    Good thread. I am wondering the reasons for lack of response between Jan and March of 2002.




    mhathi
    05-23 03:19 PM
    Agree with original post.

    Numbers USA people are angry right wing citizens.

    Calls from legal aliens who can't vote won't move lawmakers one bit. Money and votes are the only 2 things that matter to politicians.

    Pressure groups and lobbyists have far more reach and influence. IV as a group can use lobbyists and other influence to get a lot more done. Individual phone calls are a waste.

    DBCD

    So you think its just coincidence that two of the lawmakers from Congressional Hispanic Caucus have decided to cosponsor the three lofgren bills at the same time that 200 of us have called? Despite the fact that the CHC has gone on record saying they will not support legal immigration reform unless it also has amnesty provisions, and the three bills are solely for legal immigration ?




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    07-16 07:25 PM
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