santb1975
05-24 11:02 PM
Every time we work on a bill we move a step forward. We have come a long way in the past 2 years. Some bills came and went and did not bring us any relief but that should not stop us from working hard when we see the next window of opportunity.
Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.
Thanks for the information. Bills come and go every year, hard to count how many we have seen go up in the air in the last 3 years.
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ivar
12-11 02:12 PM
There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o
I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.
seahawks
04-25 09:22 AM
I agree, even though its a good idea, we need to be focussed and go with what is achievable. If we get side tracked, we may not get anything accomplished.
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royu
08-23 02:38 PM
I think you need labor, please talk to your company attorney.
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desi485
11-14 04:01 PM
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
pappu
07-29 12:29 AM
First there was celebration by Atlanta center people and BEC people when visa fiasco happened. They rejoiced that since they cannot file I485, others should not be able to do so too as if this is some divine justice. When this was not sick enough, threads started blaming IV not caring for its members. (BTW this thread is started by a member who is anonymous and has been a known heckler and has posted offensive messages about IV in the past). Then there are emails being sent.
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
If you think spamming DOL and others with anonymous emails will help, you are wrong. I am seeing lots of emails from people with sender names like 'big_cat' , 'aabbccddeeffgg' etc etc talking about this 'huge injustice' and saying that Atlanta problem affecting 'millions of people' and that this is 'not what forefathers of America dreamt of'. Not even a single person wrote such emails with their name, address and phone number and a case number for someone to act on it. I hope highly skilled and intelligent people of this community use their intelligence when they write such emails. If you are so scared that you cannot even go and meet anyone, so scared that you cannot even write your name, address and phone number in your mail , do you think anyone will take you seriously? The emails core got from its members are also mostly anonymous and some went to the extent of telling core to only focus on Atlanta Perm because this is the 'real' issue.
If IV core was to take such anonymity approach in our advocacy efforts, IV would have been just a spammer organization and nothing else.
If you like to dwell in the shadows then just support IV and let us do our advocacy efforts. Or join an organization for illegals instead of Immigrationvoice. With our efforts and success 'everyone' will benefit. Have patience and faith.
- Pappu
====================
more...
reddog
03-12 11:08 AM
This is SO wrong. I strongly disagree on this new initiative.
Desperation does not necessarily have to be shown.
Desperation does not necessarily have to be shown.
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mw_immi
01-07 08:37 AM
Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
Finally, BOA approved your loan or not. I am in exact same situation as you & they have denied my refinance.
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amitjoey
07-05 02:13 PM
The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. TSeveral dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
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sam2006
07-19 12:53 AM
thank you :)
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
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reachag
12-19 08:39 AM
Senator sessions was the key due to the lame duck session rules but going forward as i understand a majority can pass the bill..not ever one need to vote for the bill.
Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.
I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.
Money would help core do activities like setting up the web site, faxes, going to DC, educating law makers...nothing comes free in this world.
I am sure core team would like to post the account details on this web site and be done with it. And may be list down the number of hours and money they have spent from their personal accounts too. But there are some issues with that. We can always call them up for details if that is what is holding you from contributing. Its only a phone call away.
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Cheran
07-11 03:23 PM
Let's get this straight, We don't know each other, outside this website I see you as my competitor. Tomorrow you and I could compete for the same job right? Now add in the fact, that by crude luck you get your Green Card in 10 months and I get it in 10 years, how do you think that it is fair on my part?
You are here in Immigrationvoice, because you want your Green Card, so lets not act as if we are saving the world.
I don't want you suffer but at the same time I don't want to suffer so that others could live a hearty life...
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
You are here in Immigrationvoice, because you want your Green Card, so lets not act as if we are saving the world.
I don't want you suffer but at the same time I don't want to suffer so that others could live a hearty life...
I really sympathise with your situation, But your comments are outrageous.
R you saying Just because you suffered every body has to suffer.:mad:
more...
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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arnab221
06-22 11:46 AM
Nothing so far. I keep checking the status of my application every day but its still "In Process"
Hey Kodi , could you tell me how I can check the status of my Labor application ?PM me with the logins if you want .
Hey Kodi , could you tell me how I can check the status of my Labor application ?PM me with the logins if you want .
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Mouns
04-30 03:26 PM
Due to 9/11?
Do you understand the frustration among people who want to make this work and who want to defend the system?
In other way, what good is there to follow the law while illegals have it easier?
Great question!
--- Answer
yes we understand (sure...). Two kinds of backlogs:
1) Processing backlogs, due to the surge and other issues. We try to provide services timely, we understand our responsibility (no info as to what is being done and how this will change in the future)
2) Limitations due to law: (PDs). Demands is greater than the visa numbers (China, India, Mexico, Philipine: You are screwed here!) => 20 years or more of waiting.
Do you understand the frustration among people who want to make this work and who want to defend the system?
In other way, what good is there to follow the law while illegals have it easier?
Great question!
--- Answer
yes we understand (sure...). Two kinds of backlogs:
1) Processing backlogs, due to the surge and other issues. We try to provide services timely, we understand our responsibility (no info as to what is being done and how this will change in the future)
2) Limitations due to law: (PDs). Demands is greater than the visa numbers (China, India, Mexico, Philipine: You are screwed here!) => 20 years or more of waiting.
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pappu
09-12 12:17 AM
Thank you.
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bombaysardar
07-22 04:07 PM
bump
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rajeev_74
04-25 02:44 PM
I just wanted to bring it to the table...I think all of us have the right to voice our opinion & looks like we all have in the case. Now it should be upto the IV to take it or leave it. They are the leaders in this initative & let them make the final call on if it needs to be part of our agenda or not. Thanks
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addsf345
11-24 02:21 PM
If you are beyond 6 years and I-485 denied then applicant is doomed weather you are in H1 or EAD. Only route is MTR. My attorney confirmed it.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
She suggest unless MTR get open. You should not even work to avoid the issues.
So it does depend attorney to attorney. I don't think we have any case examples in either senarios. So bottom-line, do whatever you feel correct and make you happy. :)
Personally, I think RG is seems more logical. If you use EAD your H1 becomes invalid. No one revokes but it happens. Similarly, H1 becomes invalid as underline petition get denied.
Read on some other thread: Only reason why H1B doesn't get revoked immediately post 6 years is not having a full-proof integrated system, and such system may soon be here. I will post any link if I find this again.
seahawks
09-12 12:55 AM
awesome bump thread....
danila
07-25 08:40 AM
As I already stated, it is proven beyond the point that DOL and USCIS has only the ability to count the numbers. They do not even know exactly how much labor is pending by country. The same is true for I140 as well.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
It is mentioned in the Ombudsman report.
There is confusion even about how the count works. When your name is struck at FBI name check, it is not counted as backlog itself by USCIS anymore :( [I vaguely remember someone posting this quoting some reference from USCIS memo regarding reduction of processing times].
This is why in many cases you see the sudden forward movement in PD followed by heavy retrogression. Historically those who got approved when the PD is moved forward are always lucky.
Thanks
It is mentioned in the Ombudsman report.
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