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  • shekhar10c
    07-11 11:25 AM
    The flower campaign has been a spectacular success. Lets not dilute it or confuse it with food or pizza campaign. Lets the free flow of flower campaign contunue.

    There is a symbolism of peaceful protest behind flowers, its universaly understood, what is the symbolism behind sending food, it might be misunderstood. Lets not overdo it.


    yeah u r right. Our aim was to realize them and not irritate them. And sending flowers is wonderful job .I salute to u people. But sending pizzza???:eek: This may backfire. So, now lets sit and watch. And if you want to send more something, then better send more flowers to USCIS,DOS and even to walter's hospital instead of sending pizza!!!!! Or better contribute for IV:)





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  • SunnySurya
    08-07 02:35 PM
    The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
    So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
    Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
    So guess who are the people who are most benefitted by this...

    Ok. I am finally beginning to see your point. If the objective of your exercise is to eliminate alleged non-genuine EB2 jobs, that really don't exist, but are simply advertised just for the sake of porting by unscrupulous companies who stand to gain money by this, then you certainly are making a valid point.

    But I still do not understand how a lawsuit will help? Was the labor-sub elimination the result of a lawsuit? Also, I would be concerned about lots of other valid/genuine companies who really have jobs for BS + 5 years experience ...?





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  • l1fraud
    06-08 08:30 PM
    Hi Guys,

    I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

    Thanks in Advance,

    Srini





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  • CADude
    10-04 12:49 PM
    No one want to waits anymore (it's already 93 days :mad: ) AND no one want to participate in any action to speed-up the process or put more pressure on USCIS to correct their behavior (USCIS will come back and screw your case :) ). Please tell me what you wants. :confused: Either please don't complain and wait till your Check Cashed :D OR organise and do your part, take some action to put pressure on USCIS. Choice is yours. :D



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  • fatjoe
    10-12 04:24 PM
    Hi Kewl:
    So there is a difference between "With an IO" and "Assigned to an IO" , right? So, how do you ask the rep about that? Will they tell you if it is with an IO and assigned to an IO? When I spoke to the second level rep. it appeard to me that my case is with an IO.





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  • 2008FebEb2
    09-11 08:54 PM
    I called Mr.Tom Feeney and left him a message.

    I will call him again tomorrow and will leave him a message. :)



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  • addsf345
    01-15 01:47 PM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.


    Don't loose your heart. I know this is a serious situation but do not become emontional, just stay calm. This is clearly a confusing situation and a bad move by your employer. Have you got a good attorney? Just consult a good attorney and go with what s/he says. This is not your fault and before thinking of going back, fight for yourself and your family. Remember, tough time never lasts, tough people do. Our best wishes and prayers are with you.





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  • JaiHo
    09-24 02:42 PM
    If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
    NACARA program = 40180-5000=35180

    (refer Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
    Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002)

    deduct 15% for consular processing = 29903

    again consider 5 different Chargeability Areas
    such as CHINA mainland born, INDIA, MEXICO, PHILIP-PINES and rest = 29903/5= 5980

    Worst case scenario, USCIS will have 5980 visas available for FY 2010.
    Now, if you compare data published by USCIS on pending cases can we guess
    we should see forward movement for EB3I at least July-2002 by end of FY 2010 ?

    Is it fair assessment?



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  • nish
    06-12 06:36 PM
    Thanks for your reply.

    They have not specified anything like my prior company is fake in any of the communication email.They are asking me come back because they find something wrong about my prior company after four year and i am not able to provide more evidence.During four year i worked in 10 to 15 project for diff client and for each project first they did BG and put me in project.Now they are asking me that provide some more evidence or come back to offshore.
    I know if i come back to india they will give me layoff from company.In this situation how do i fight with my company.

    Please any of guide me if any of member come across in this situation





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  • Nil
    03-10 10:33 AM
    Guys,

    Conflicting opinions are welcome and necessary. However, pls let us eliminate the mudslinging that gets personal so quickly, just because we disagree.

    From a practical point of view, given the situation today, getting doors open for citizenship looks remote: True.

    However, in a land of immigrants, We The Legal, can stress a case for fairness. Just because we were born in a certain country and were classified by the law, the lawyer and the employer, sometimes unfairly, to be in a certain category, does not mean that we'll get into mainstream 15 years after others.

    This is why we are a part of IV. There have been past successes with IV.
    Pls let us TRY.



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  • dwhuser
    10-09 07:25 PM
    B+ve,

    cases that doesn't get approved together in a family takes longer...

    SoP

    Why do you think so...coz I'm in that state. My spouse who is the primary applicant got the card and my application is still in review ???





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  • DallasBlue
    09-13 03:00 PM
    Caught in a Bureaucratic Black Hole
    By Anna Gorman
    The Los Angeles Times

    Monday 10 September 2007

    Applicants seeking US citizenship languish for years as the FBI conducts cumbersome records checks. Lawsuits are a result.
    Seeking to become a U.S. citizen, Biljana Petrovic filed her application, completed her interview and passed her civics test.

    More than three years later, she is still waiting to be naturalized - held up by an FBI name-check process that has been criticized as slow, inefficient and a danger to national security.

    Petrovic, a stay-at-home mother in Los Altos, Calif., who has no criminal record, has sued the federal government to try to speed up the process. She said it's as if her application has slipped into a "black hole."

    "It's complete frustration," said Petrovic, who is originally from the former Yugoslavia and is a naturalized Canadian citizen. "It's not like I am applying to enter the country. I have been here for 19 years."

    Nearly 320,000 people were waiting for their name checks to be completed as of Aug. 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years.

    Applicants for permanent residency or citizenship have lost jobs, missed out on student loans and in-state tuition, and been unable to vote or bring relatives into the country. The delays have prompted scores of lawsuits around the country.

    Already this fiscal year, more than 4,100 suits have been filed against the citizenship and immigration agency, compared with 2,650 last year and about 680 in 2005. The mandamus suits ask federal judges to compel immigration officials to adjudicate the cases. The majority of the cases were prompted by delays in checking names, spokesman Chris Bentley said.

    "There is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd," said Ranjana Natarajan, an ACLU staff attorney who filed a class-action lawsuit in Southern California last year on behalf of applicants waiting for their names to be checked. "People who have not been any sort of threat ... have been caught up in this dragnet."

    In addition to the bureaucratic nightmare that the lengthy delays present, attorneys and government officials say there is a far more serious concern: They could be allowing potential terrorists to stay in the country.

    Fallout From 9/11

    The backlog began after 9/11, when Citizenship and Immigration Services officials reassessed their procedures and learned that the FBI checks were not as thorough as they had believed. So "out of an abundance of caution," the agency resubmitted 2.7 million names in 2002 to be checked further, Bentley said.

    Rather than simply determining if the applicants were subjects of FBI investigations, the bureau checked to see if their names showed up in any FBI files, including being listed as witnesses or victims. About 90% of the names did not appear in the agency's records, FBI spokesman Bill Carter said.

    But for the 10% who were listed, authorities carefully reviewed the files to look for any "derogatory" information, Carter said. Because many documents aren't electronic and are in the bureau's 265 offices nationwide, that process can take months, if not years.

    "It is not a check of your name," said Chuck Roth, director of litigation for the National Immigrant Justice Center in Chicago, which also filed a class-action suit. "It is a file review of anywhere your name happens to appear. It has just created a giant bureaucratic mess."

    Although many of those stuck in the backlog are from predominantly Muslim countries, there are also people from Russia, China, India and elsewhere. They include government employees and Iraq war veterans. Many have been in the U.S. legally for decades.

    In one case decided in Washington, D.C., recently, a federal judge wrote that a Chinese man's four-year wait for permanent residency was unreasonable and ordered the government to decide on the application within three months. Petrovic, who has two U.S.-born teenagers, doesn't know what delayed her application. The only explanation she can think of is that her name is common in her native country.

    She and her husband, Ihab Abu-Hakima, also a Canadian citizen, applied for citizenship in April 2003 and had their interviews in February 2004. Her husband was sworn in that summer, while her application continued to languish. She checked the mail daily.

    When she still didn't hear anything, Petrovic contacted immigration officials, who told her that the FBI had her file and that it was still active. She also contacted her representative and her senator, whose offices asked Citizenship and Immigration Services to expedite the application. She filed a Freedom of Information Act request for her FBI file, which simply showed that she had never been arrested.

    "I have a feeling that the system has broken down," she said.

    Joining a Different Group

    In August, Petrovic joined an American Civil Liberties Union lawsuit filed in Northern California against the federal government. She is waiting to become a U.S. citizen so she can sponsor her elderly parents, who live in Canada and visit often.

    "Every time they leave, I feel bad," she said. "This is their life here, more than there."

    The problem extends beyond the disruption of personal lives.

    In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."

    The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said.

    Though 99% of the agency's name checks are completed within six months, Bentley said, the lengthy delays for some applicants is "unacceptable."

    "That requires a lot of patience on the part of an applicant because they have to wait sometimes multiple years," he said.

    Nevertheless, he said, no benefit will be approved until that name check comes back clear. Security checks have produced information about sex crimes, drug trafficking and individuals with known links to terrorism, according to the agency.

    Carter, the FBI spokesman, said he understands that applicants waiting for answers are anxious, but he said the process is complicated and involves dozens of agencies and databases - and, in some cases, foreign governments.

    "The FBI's No. 1 priority remains to protect the United States from terrorist attack," Carter said. "To that end, we must ensure the proper balance between security and efficiency."

    In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said.

    Mark Krikorian, executive director of the conservative Center for Immigration Studies, said the government needs to make sure that it carefully checks every application. And working with foreign governments is inevitably going to slow the process down, he said.

    "We correctly have much more stringent standards for immigration," he said. "I am not really sure that there is any way to do this kind of deep background check efficiently."

    But attorneys said that because of the inefficiency, the program isn't serving its purpose.

    "Let's say this guy is a terrorist or a criminal," Los Angeles immigration attorney Carl Shusterman said. "Why wouldn't the FBI rush the case?"

    Mervyn Sam, a South African native who got a green card in 1998, has been waiting more than four years for the FBI to complete his name check. Sam said his career has been affected by the delay. He lives in Anaheim and is a project manager at a software company but cannot work on certain government projects because he is not a U.S. citizen. He has sued the federal government.

    "I am not sure what the hiccup is on my end," he said. "It is very, very frustrating."

    Shusterman, whose office is representing Sam, said applicants waste their time by contacting the immigration services agency, the FBI or their legislators.

    "There is only one thing that works, and that is suing them in federal court," he said.

    --------

    anna.gorman@latimes.com



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  • mundada
    07-11 11:18 AM
    http://www.boston.com/news/nation/washington/articles/2007/07/10/indian_green_card_seekers_in_flowery_us_protest/?rss_id=Boston.com+%2F+News





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  • drona
    07-11 01:30 AM
    Posted on Khabrein.info and NewsPost India

    'Gandhigiri' by Indian green card seekers in US by Arun Kumar

    Washington, July 11 (IANS) In an eloquent display of 'Gandhigiri', unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.

    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.

    http://www.khabrein.info/index.php?option=com_content&task=view&id=2103&Itemid=88

    http://newspostindia.com/report-6897



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  • h1techSlave
    03-26 01:59 PM
    I am only seeing only 100% illegal discrimination in these scenarios. Pretty soon, they will stop hiring US citizes of Indian (or Chines or Japanese or Italians ..) origin.

    This is plain stupidity. These employers should first take a good look at an EAD and a GC. As for as work authorization is concerned, both these cards provide us with the same rights. The EAD says �The person identified is authorized to work in the US for the validity of this card� where as the GC says �The person identified by the card is authorized to work and remain in the US�.

    So why does the legal department come into picture here? Is it because of the expiry date associated with EAD�s? If that�s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?





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  • grupak
    03-25 04:01 PM
    Kaiser started this new rule to not hire folks on EADs as of last week.


    Is this rule posted somewhere accessible to public?



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  • GCKaIntezar
    05-27 09:28 AM
    Guys-
    Any benefit in filing 485 on the first week of June versus last week of June? Any FIFO implications?





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  • knsgsuresh
    11-04 11:47 AM
    I-485 Employment-Based Inventory does it include Spouse applications also

    CAN Some Senior members clarify my doubts:
    ==================================
    USCIS release I-485 Employment-Based Inventory countyr wise. Is this Numbers listed every year for the Employment based category include applications filled for Spouse also?

    If it is not included then we need to take in to account that for every 485 application we will bare minimum have 1 spoude 485 application that requires VISA Number.

    Link from USCIS:

    http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf





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  • GCNeophyte
    08-12 11:28 AM
    Congratulations... and Great tracking :):):)


    Priority Date : December 30, 2001
    State Labor : November 12th, 2002
    Federal Labor : October, 2006
    I140 Applied : November 2006
    I140 Approved : February 2007
    I485 Applied : July 24th, 2007
    I485 Receipt Date : September 13th, 2007
    Biometrics : October, 2007
    Biometrics for kids (second one) : August 2009
    3 EADs : October 2007, August 2008 and August 2010
    3 Advanced Paroles : October 2007, May 2009 (never arrived. lost in mail), December 2009.
    One extra Advanced Parole for family in between.
    Employer Changed : April 2008
    AC21 filed : April 2008
    Second Employer Filed I 140 on July, 2009
    Second I 140 was approved on September 19th, 2009
    Opened SR : August 2nd, 2010
    Status : Approved on August 5th
    CPO Mail : August 6th
    Recieved Approval Notice (797 Notice of Action - Welcome to United States of America) on August 11th, 2010
    Center : Texas Service Center
    Permanent Resident Card : Still awaited





    jayleno
    07-10 09:58 AM
    Hi Smitha,
    I hope you will try to be a silent visitor of this website again with all the blessings you got. Please dont assume that all the people on here have to think that India is their home country and India is great!!!...What about people from other countries...Please try to think in a broad perspective....the2005/2006/2007 analysis is wrong too....giving your 2 cents back...thanks but no thanks..
    Jay
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006





    SunnySurya
    08-07 11:28 AM
    Don't know if it is going to be that fast, I need aroung 50 victims. But we are getting there.
    I challange you to file this lawsuit in the month of august.

    Let us see if you really are a man of word and action.



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