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  • rajuram
    06-09 11:16 PM
    multiple year eads & ap - may or may not happen
    visa recapture - no chance
    visa increase - will not happen

    still contribute??




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  • reddymjm
    09-10 10:28 AM
    Not quite true - this is done at 140 not 485

    Yes. By Law and by the Book. But I just saw in my friend circle. Most of them were US Masters.




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  • mk26
    08-13 08:25 AM
    Its high time for us who are already in US in H1 and struggling to get green card, as I know the tend to come to US in new college grads from India are reduced now..which is a good sign for India and bad sign for this country..now we are the ones who are in middle of ..
    and these morons don't even try to solve the real problem, they should ban this H1 Visa program if this was so badly abused..this is all for vote bank..




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  • indianabacklog
    06-02 10:05 AM
    Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
    Thanks

    No is the simple answer. If the new legislation is enacted his choices are even fewer they will remove the family based category in which you could have applied for him once you get a green card. The future is very bleak for aged out children of EB immigrants. My son is one of these children and we have no answer. Myself and others on this site have asked that IV mention such children in their efforts but to date this has not happened. It is retrogression and labor backlogs which created this so I consider it a fundamental part of the retrogression issue.

    Others reading this who are waiting for their priority date to become current should consider this may be going to happen to them if things are not changed and your family may join the thousands of us already in this situation.

    For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical but it is the only way I can keep him in the United States legally. Although I am beginning to think I should have allowed his visa to lapse then he could have benefitted from the DREAM act.



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  • 485Mbe4001
    01-03 03:59 PM
    good topic and reply.

    Maintaining GC is a big hassle you have to return every year (2years for the first time i think). Couple of Infosys blokes (with GC) that i know had discussed this with the company before joining and the company sent them within 2years on a short term projects to the US.

    If you have a US citizenship then you can opt for a dual citizenship. That might help you get a job directly in India (dont know the rules, just guessing)


    This thread is long time coming, and thank you for starting this. This is a question often discussed in friend circles, but most people I know hesitate to take a position. I think the anonymity of this forum will let us express ourselves more honestly...

    When I came to the US 6 years ago, I had deliberately made the decision not to decide in the first couple of years about staying on or returning back after sometime. I had seen too many friends and relatives who all said "don't worry, we'll back in a couple of years" and never made it back. Marriage, kids, school, house, GC...Citizenship...it kinds of gets on you. And before you know, your kids are making the decision for you. I know of a couple of families with grown up kids who moved back to India only to move back to US because the "kids could not adjust". It's not hard to read between the lines that "we also could not adjust".

    As days go by, it is becoming more clear everyday that I will also return back one day, sooner rather than later. I have some questions that haunt me:
    - if/when I get my GC, and if I return back, is there a way to hold on to the GC status?
    - if someone has a US citizenship, when companies such as Infosys hire them, do they have to get a work visa or something? Is there a concept equivalent of H1/GC for non Indians yet?




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  • ragz4u
    03-08 01:57 PM
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  • GayatriS
    01-05 08:50 PM
    He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?

    Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.

    Learn to deal with the truth whether you are Indian or American!!


    ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
    just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..




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  • rp0lol
    07-11 11:59 AM
    I read this in another thread... May be USCIS wants to collect more money for EAD renewals by moving eb2 date and issuing 1yr approval.

    ===========================
    Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?

    Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.



    How will USCIS decide whether to issue an EAD valid for one or two years?

    USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant�s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant�s priority date is current.
    ==================



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  • LC2002
    01-10 01:22 PM
    Mine was with PD Nov 2002 Non-RIR, still waiting for 45 day letter.:mad:

    My colleages who filed in DEC 2002 got 45 day letter. :confused:




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  • mw_immi
    01-07 01:00 PM
    Has anyone done refinance from BOA on EAD / AOS (expired H1B & I-94)?

    My current home loan is with BOA & I am trying to refinance with them, but they say we can't approve now because of status. I locked in rate in Sept. 2010 & now I am stuck as rates have gone up. After 4 months they have denied.

    I don't know how to proceed further. They are not ready to give any letter & the lending policy. Any suggestions please......



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  • ItIsNotFunny
    10-24 10:21 AM
    Guys,

    Please keep sending emails.




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  • ItIsNotFunny
    10-21 11:06 AM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number

    Guys,

    This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).

    We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.

    I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.

    One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!

    I sent my emails (actually twice ;)).



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  • ss_col
    07-06 11:17 AM
    Just a thought that there are other anti immigrant groups also visiting our website. We are frustrated and angry but all these comments that we are writing are also read by other people and will be used against us to make things harder. Also the general feeling is that American people dont really care or want to understand about GC. For them especially groups like NumberUSA etc want us out. So please stop feeding ideas into people's head without knowing facts. Assumptions are not facts.




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  • amitjoey
    05-14 04:55 PM
    you can still call the senators on the west coast- you got 2 more hours.
    Please call.




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  • gc28262
    03-12 03:12 PM
    ................................................
    .................................................. ..................................

    Core team may not like this but I can understand your point. There is a communication gap between IV Core team and members. Core team wants to hide everything they are doing assuming that anti are reading the forum and they will know what we are doing. On other side members feel uncomfortable as nothing comes out as solid / strong plan of action. There were couple of instances were I personally felt that core talks too much among themselves and release almost zero information to members, it may be good for community overall but not good for an organization where everyone is participating directly or indirectly. By recent posts by Pappu, I think they are improving.

    We need to give them a chance as anyways their act is selfless. They may be lagging in personal management but they are not bad by heart or doing anything for personal benefit.

    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.



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  • needhelp!
    05-28 11:10 AM
    Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
    Contribute so that IV can assign more resources to work on fixing this whole mess!




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  • Green.Tech
    06-11 12:08 PM
    However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.

    ...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!




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  • vandanaverdia
    09-13 11:13 AM
    milind123 & sam2006:
    Hats off to u guys... U r doing a fabulous job!
    All those who havent contributed so far, pls come forward!
    Help IV help you...




    Green.Tech
    06-20 03:19 PM
    Please contribute.




    DDLMODES
    07-06 10:42 AM
    Check OH Law Firm post.
    I'm afraid that the fire has alerady started.

    With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....

    Just what we needed ...
    :(



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