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  • glus
    05-25 08:58 PM
    Paper filed EAD renewal at TX lockbox delivered on 5/17/2010. Check cashed 5/25/2010. No receipt yet.





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  • Totoro
    03-31 04:57 PM
    Here are the examples I presented (lightly edited). Anyone wanting to meet with lawmakers should feel free to use as much of these documents as needed.

    Examples

    Case 1 (Waiting 10 years):

    - i left a very well-paid job after 5 years in multi-nationals before coming to US in 1999.
    - Did dual Masters from a top engineering school + business certification
    - Brought into US $25000 from savings abroad for my studies; Took $25K More as a private loan and have paid it off long back.
    - Never considered myself underpaid in USA. My compensation is amongst the best.
    - Have owned a house since 2002 and raising two US born kids, of course paid taxes for 9 years.


    Now,
    - it is the quality of life AND the quality of PEOPLE that i wanted to work with: one of the reasons why i came to US.
    - Would like to buy a larger house and can certainly afford it today with a credit score over 800.
    - Would like to start my own company, or try to do something different & more strategic for a job function.

    However,
    i have been in the EB3 queue since 2004, with no respite in sight. All is clear except that there are no visa numbers available.

    The issue as you all agreed to - is that this is painfully slow and everyone like me is stuck with one employer and the same job.

    As employers and their lawyers often decide when and in which category a candidate can apply, the employee is left at their mercy. It is understandable if an employer is sponsoring, they must benefit for their investment. Question is how? is 5 years of 'must-serve-us' good enough, or 10, or 15? When can an employee have the mobility?

    Why is it that someone with equal or less qualification / experience can become a US citizen 5 to 10 years before me? Just because they were born in a different country? Because their employer decided a faster EB category? Because they married a US citizen?

    I love America and remain grateful for the opportunities it has provided.
    However, I have trained a lot of US citizens / GC holders who have gone far ahead in career, and I am still doing the same.


    Liberty seems only a statue at times.

    Case 2 Engineer (Waiting 15 years):

    I have been in this country for more than 15 years and still waiting for the GC...I have never been out of status all along...Here is my story...

    I came to US in 1994 fall to attend graduate school and started working from 1997 as transportation engineer. I applied for green card in 1998, but unfortunately the rules were different and the goal post seems to change every time.

    During that time all engineering fields were clubbed together (computers, mechanical, civil etc.) under one generic field for labor certification purposes and therefore the wage requirement was much higher than what a typical transportation engineer would make at that time. Therefore my labor was denied. After talking to my immigration lawyer I was left with two options...Pick up a job that paid the asking labor certification wage (which was skewed and next to impossible) or send additional documentation and references to convince the dept of labor that transportation engineers do not make that much money and that I am being paid more than the prevailing wage for 'transportation engineers'. . After I send additional paperwork to dept of labor based on the suggestion given by my lawyer, what if the dept of labor still denied my labor? I would have been back to square one, and moreover I would have lost a year or two on H1 status. Please note that at that time you had ONLY 6 yrs of H1 visa and it COULD NOT BE EXTENDED EVEN YOUR IMMIGRATION PAPERWORK WAS PENDING. The above rule came later (instance of goal post moving), but I had to make my decision based on what the rules were at that time. So I decided to go back to school in 1999 and attended graduate school to get a computer science degree.

    In late 2000, I joined a company in CA and resumed my paperwork for the green card. My labor was approved and filed for 140 and 140 was also approved in 2002. In 2005, my spouse started to work full-time and started the green card process. We finally applied 485s in 2007, but are still waiting for the approvals. It took CIS almost A YEAR to get our EADs! That too after many calls, letters and contacting the local senator! What an inefficient bureaucracy!

    When the economy was good, I was helpless with CIS rules and its bureaucracy. By the time I received my EAD, the economy is in shambles now...In the process, I had nothing to show for the past 5 yrs!

    Few years back there was a pilot program at TSC where they issued FB green cards under fast track. I personally know someone who applied for their parents, and they got their green cards within 60 days! Their parents never visited US before and during their first ever visitor's visit, they have their green cards? Here I am, came to US in 1994, attended graduate schools, paid tuition, contributed to research, paid my taxes, never was out of status and most importantly, played by the rules, but I am still waiting in this mess!

    Case 3 Partner (Waiting 14 years):

    I've been here for 14 years now; and my wife for 9, legally for every single day. We have two US graduate degrees each. We have paid over $100,000 in federal income tax alone, in each of the last few years. We own our home. Our child was born here. I am a partner at my firm. And we have many wonderful friends here. But we continue to wait indefinitely for our green cards. Citizenship seems an impossible dream at this point.

    Any provision that would bring us closer to citizenship (such as "citizenship fastrack for those who've legally been in the US for more than 10 years" and/or "paid taxes for N years" and/or "earned US graduate degrees" etc) would be very welcome.





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  • vxg
    09-14 04:11 PM
    The USCIS will send you a summons for your fingerprints. You will have to go to wherever they mandate. The fingerprints only have a fifteen month validity.

    The medical exams are usually a two day event. One day to do the exams and then they write up the report when they get your blood work results from the lab.

    While you are waiting you can work on developing the patience of Job.

    You must arrange a Birth Certificate from your country if you do not have one. Sometime it could take a while.





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  • immigration1234
    05-03 02:58 PM
    No approval yet



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  • indian111
    05-05 10:32 AM
    Hi shantak,

    I hope I dont get biometric appt as well this time and get the approval directly.
    Or else I would have to waste one half day for that.
    Hopefully your wifes EAD will also be approved shortly.Keep us posted.

    Mine is TSC and yes I got the biometric appointment last time. Also good thing is that this time they have given the start date of from the expiration date of the current EAD.
    However as I said im still waiting for my wife's EAD (efiled on the same day)





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  • das0
    05-14 07:33 PM
    Thanks - i am not changing the company/job after I file I-485 and after i move from CA to TX.

    Did Address Change work for anyone after I-485 is filed and state to state move?

    my lawyer/para-legal said it is bit risky but possible.

    Any feedback and thoughts?



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  • looivy
    09-25 10:43 AM
    Recapture.
    Recapture.
    Recapture.
    Recapture.

    Please do not make me say "Recapture" a million times to get my point across.

    Spillover is not going to help EB3-I much.

    I read on some posts that an executive order may be sufficient to recapture lost visas.





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  • bsbawa10
    03-20 03:55 PM
    Very nice thread. Can somebody summarize/collect all these things ? These things can be used for all purposes..like to write to Zoe 2. To write to USCIS itself 3. To write to Mr. President. and many other places



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  • vjkypally
    09-03 03:14 PM
    Now thats many approvals today!!!





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  • kramer2005
    07-11 07:10 PM
    stop this stupidity please



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  • cooler
    08-05 08:50 AM
    Please help me...

    I got my USA GC.. i have canadian PR too... what to do ? i want to keep US GC one..

    Appriciate your help.

    Thank you.


    People don't have one PR and you have multiple. What the F@#$.:eek:

    Just Kidding :D. I am glad you have a choice and hope you make the correct one.

    Getting to your original question. I wish I knew the answer.

    Sorry to waste your time with this meaningless post.:D





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  • susie
    06-22 10:42 PM
    CALIFORNIA IMMIGRATION LAW FIRM FILES CLASS ACTION LAW SUIT AGAINST USCIS ON BEHALF OF IMMIGRANTS

    Posted on: 6/20/2008

    FOR IMMEDIATE RELEASE

    Los Angeles � Reeves & Associates, A Professional Law Corporation filed a class action lawsuit today in the U.S. District Court, Central District CA, Case Number SACV08-688 JVX (SHx) on behalf of tens of thousands of immigrant families whose adult children have been wrongfully denied of visas. Attorneys for the families are seeking to compel the United States Citizenship and Immigration Service (�USCIS�) to act in accordance with the provision of Child Status Protection Act (CSPA) that enables children to reunite with their families more quickly.

    Prior to CSPA children who reached the age of 21 were no longer eligible to obtain an immigrant visa with the rest of their family. These children became known as �age-outs.� However, Congress enacted Section 3 of CSPA, codified as INA � 203(h)(3), to keep children together with their parents. Specifically, this provision allowed children to automatically convert the visa petition and retain the original filing date � known as the priority date � after the child had aged out. As such, an aged-out child, who is a derivative beneficiary of the visa petition of his parent, can reunite with their family faster by utilizing their parent�s earlier priority date. As of today, USCIS has not only failed to comply with INA � 203(h)(3), but has also failed to promulgate regulations or issue policy memorandum regarding this provision of law.

    �This case affects tens of thousands of immigrant families,� said Robert L. Reeves, founder and Managing Attorney of Reeves & Associates, APLC. �A child abroad who aged-out is eligible under CSPA for an immigrant visa, and if the child is in the United States, he or she will be able to adjust to legal resident status,� explained Mr. Reeves.

    The class action lawsuit presents two different classes of aggrieved individuals. Nancy Miller, a partner with Reeves & Associates and co-counsel, describes the two classes as �those who filed petitions with requests for retention of the parent�s original priority date whose petitions were denied and those who have received no response at all to their requests for retention of the original priority date.� In both cases parents remain separated from their children.

    Although USCIS has granted some visa petitions and permitted retention of the earlier priority dates pursuant to INA � 203(h)(3) to some, there appears to be no uniform policy from USCIS as a whole. Jeremiah Johnson, a partner with Reeves & Associates and co-counsel, said �the lack of any regulations or even policy memorandum has lead to arbitrary and inconsistent decision-making affecting thousands on a global level.� Joyce Komanapalli, an associate with Reeves & Associates and co-counsel, added �USCIS�s refusal to issue visa petitions with the original priority date is at odds with the language, structure, history and purpose of the Child Status Protection Act.�

    �It is incomprehensible why USCIS would deny these requests given the plain language of the statute and the Congressional history of CSPA.� said Mr. Reeves.

    The class action lawsuit is seeking to compel USCIS to properly adjudicate all cases filed under CSPA, or INA � 203(h)(3), and comply with the requirements of retaining the parent�s original priority date in subsequent petitions filed by the parent.



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  • ramaonline
    05-15 04:38 PM
    GC is a future job offer - and at the time of adjucation of 485, u must have a valid job offer. till that date u can stay in the US even without working for any employer but at the time of adjucation u must be employed in a similar position.





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  • nixstor
    05-15 04:23 PM
    Just had a Q..if the last one in the list is a senator (Robert Menendez), should we ask him to support the house bills? no matter what, I already asked him to...

    You got it. Sen Menendez is a key member. Even though there is NO companion bill in the senate right now, we need his support.

    realizeit,

    Please hold on to the member list on the 1st page. As I said, we do have a reason why we are going with that member list. We will move as we needed.



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  • Totoro
    03-21 08:20 AM
    Hi Totoro, if you would like any or many of us to accompany you to your meetings for bigger impact - you can let us know, we will be happy to fly down even from CA to DC and meet up with the law makers.

    Good luck to us!

    Thanks for the offer, but this is just a preliminary meeting for me to meet some of the people I have worked with over the past year via phone and email. However, since these people have some influence, I also wanted to discuss with them some of the more important issues facing skilled immigrants. I will mention the idea of meeting with more people in the future. I think it is important for them to be more in touch with those who are affected by immigration policies. My sense is that many of them don't understand the issues very well.





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  • zoozee
    01-16 10:56 PM
    I believe the risk outweights the benefit....

    Thanks
    zoozee



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  • 485Mbe4001
    04-06 03:04 PM
    The number of cases approved during 2002-2005 was at least 2-3 times what was being approved now(when recapture was in force)... improving efficiency will not give us any more visas... if there are 100k waiting for a GC they will still keep waiting no matter how efficient USCIS is. The fact of the matter is that they can only approve 3k per category per country. recaptured visas are free of country and category caps. It will not cause divisions or issues and will help unite everyone behind one cause. Other short term issues dont help(multiyear EADs or APs and such)...they just prolong the pain and drain money every year. The queue can only be reduced, by time or attrition or more output... we can all agree which is better.

    Firstly the fact that there are hundreds of thousands of un-used visa's is a clear indicator of poor USCIS efficiency. Even if the recapture visa effort bears fruit and people will get interim benefit it will do nothing to improve the efficiency of processing cases at USCIS which I think is the root cause of this problem. Yes there is also a supply and demand situation but unless USCIS improves the delays and backlogs may not stand a chance.





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  • NVM
    08-23 05:24 PM
    Hi

    I consulted 2 attorneys.
    One said you should be able to travel on valid H4 (which I have) and be back in U.S before Oct 1st without any impact on COS.
    Other one said i need to get H1 stamped in India (which I don�t want)
    I don�t know whom to trust. :confused: If anybody has personal experience regarding this I would really appreciate if you can let me know.
    I have to know early as I need to travel to India urgently.
    Thanks





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  • purplehazea
    05-16 11:38 AM
    You should get a second opinion from another lawyer. If you are in southern california, I can suggest a good lawyer in Encino.





    hebbar77
    04-08 08:02 PM
    I was not aware of these things(EB1 gc for false managers). Smart people all around. In fact sometimes USCIS does checks on approved cases and those do get it by falsifying stuff will go to jail for a LONG time, long enough to get citizenship here in US!!

    We should all report any illegal activity. Keep in mind that we all will be affected by it by USCIS reviewing everyones case too thoroughly... Bcos we all are Aliens!!(short ears, no hair... like in a sci-fi movie)

    Earlier mis-use used to be porting labor... contractor -h1... (as per what I read on forums).. Now GC's? by EB1!! huh!
    All those who falsely got visas on higher EBx categories would prevent spill over to next EBx category, delaying legit candidate waiting with legitimate documents and background.

    Now we all know why we are waiting for our green karrrrrd.





    StarSun
    03-28 09:16 AM
    StarSun...i'll help with both the tasks you mentioned. My lawyer already gives free advice in several LA univs so he might be interested in this.
    My questions...says he is interested...what does he have to do to participate....is there a number to call for the conference call....or a special link where he has to go to join the chat? which thursday of the month is he needed...is this fixed or does it change every month?
    To be honest i never visit the forum page unless i need to search for something and thats very rare....can we put up a link or an Icon with a tiny banner advertising the free lawyer phone call on the home page?

    Thank you for taking up the 2 tasks.

    As for the lawyer conference calls, it has to be on the fourth Thursday of the month consistently. (This month, we ended up with 5 Thursdays, and therefore have no conf calls for the last 2). If we can have 4 free conference calls in a month - free on both ends - it is good.

    When lawyers answers questions from our members, either through the conference calls or in the forums, their contact info will run on the top hand side of every IV page, giving visibility to immigration lawyers in a very targeted market. It is a mutually beneficial program for both members (getting free advice) and the lawyers (visibility).

    Talk to your lawyer, find about his interests and let me know, I will follow up with him/her soon after the advocacy days in DC.