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  • sayantan76
    07-08 03:34 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.

    Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution

    That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.

    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause





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  • msp1976
    10-16 01:23 PM
    Last sentence in this article: "However, given the anticipated difficulty in reaching an agreement on comprehensive reform, SKIL Act supporters likely must find an alternative legislative vehicle during the lame-duck session to pass limited relief for highly-educated workers."

    What alternative legislative vehicle are they talking about?


    Adding a few clauses to one of the appropriations bills maybe...
    The only bills scheduled to get through would be the essential spending bills..





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  • TheOmbudsman
    10-25 11:24 AM
    As far as I know there is no such arranged compromise. In my personal opinion, the tendency is that the Republicans will attempt to stall everything they can and "do the same" to Dems. Here is an expert opinion. I am sorry if that doesn't sound optmistic.


    From Ed Rollins, former White House policy director:
    ED ROLLINS: My sense today is we've got to do something short-term to stop the problem. But as we sit here today, my feeling is that no matter what happens in this election, there's not going to be big enough margins on either side to move the Congress in any way, shape or form to solve these critical problems.

    And I would hope that the two parties do something they haven't been able do for the last dozen years, and that's sit down and say, all right, neither of us can move or address any of these issues. And why can't we come together and why can't we face up to some of these very significant issues, like Social Security, like education, like health care and come up with a compromise?

    Because Democrats aren't going to have enough votes, even if they win back the Congress, and Republicans certainly aren't going to have enough votes if they win the Congress. And we can't have another two years or four years of this chaos.


    If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?

    Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.

    Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).





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  • vikasgarg24
    07-20 02:33 PM
    Freinds

    Do not fight we are EB2/EB3/EB1. This is law and instructed by politicians. Divide and rule.

    Same thing they did and now and you see the result in IV forum where people fight that create below category

    1.Based on educations (US masters/US bachlors/Non US masters/Non US bachleors etc etc)
    2. Based on experience - US experioence non us experience
    3. EB1/EB/2 EB3
    4. L1/H1/b1/b2
    5. Family based
    6 etc etc

    If you count the division you can say based on heights, color, marries and non marries status etc.

    So stop fighting based on politicians category and help IV to goahead and fight for all.

    I personally feel when you fight you have success for one group and no success for other group. So do not feel that EB2 are getting beenfits. I myself is EB3 and expecting GC by 2026



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  • coolcat
    06-12 11:13 AM
    No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?

    Filed on June 1st. Still waiting for receipt.





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  • Zeb
    07-25 01:47 PM
    so were u able to do landing? if yes, then how u did?

    I took my car.Once you get landed immigrant status in canada, everything needs to be transferred with you. They asked me either transfer my car or take it back to USA right away.As I have my family with me, So I argued for a while but no success. So i went to the customs and let them fill up the paper work to get the car transferred.Also they dont let your personal car to list in the things to follow paperwork, if you are driving the same car.I came back to USA after two weeks. But the transfer procedure still require you to get clearance from the USA for which you have to give the 72 hour notice to some agency and then take the car.Also you need Manufacturing clearance recall letter(which can be done both in USA & Canada).
    I did not pay canadian customs a fee which is 209 + tax, as I want to bring the car back to usa. You have 45 days to get all this things done , other wise You have to export the car back to USA. They told me to send the payment or they will send a reminder notice after 10 days, which to date i have not received yet.You have to buy insurance and change the odometer into Km and also headlights should remain on when you start your car. I dont know what gonna happen, but I will sell the car if I have to, and send them the sale receipt.By the way i entered from detriot, and everything went smoothly.



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  • vikasgarg24
    07-20 02:33 PM
    Freinds

    Do not fight we are EB2/EB3/EB1. This is law and instructed by politicians. Divide and rule.

    Same thing they did and now and you see the result in IV forum where people fight that create below category

    1.Based on educations (US masters/US bachlors/Non US masters/Non US bachleors etc etc)
    2. Based on experience - US experioence non us experience
    3. EB1/EB/2 EB3
    4. L1/H1/b1/b2
    5. Family based
    6 etc etc

    If you count the division you can say based on heights, color, marries and non marries status etc.

    So stop fighting based on politicians category and help IV to goahead and fight for all.

    I personally feel when you fight you have success for one group and no success for other group. So do not feel that EB2 are getting beenfits. I myself is EB3 and expecting GC by 2026





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  • diptam
    07-04 07:54 PM
    I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.

    Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)

    Which employer would you call better ?? :)


    Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.

    So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".



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  • sukhwinderd
    02-17 09:52 PM
    here is a report which says there are more than 300,000 GC visa numbers were unused.
    go to page 35 or search pdf for recapture to see chart.
    from the report
    This dialogue is critical considering that when USCIS
    and DOS fail to accurately estimate cut-off dates, visas go
    unused or are shifted to other family or employment-based
    categories. Congress passed legislation permitting the
    recapture of some unused visa numbers from previous
    years.119 Figure 19 presents data on visa numbers �lost�
    between 1992 and 2009 for both employment and family
    preference categories.



    http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf

    recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.





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  • GCStatus
    09-17 02:30 PM
    As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
    It is illigal for an employee to pay for the GC process.

    I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?

    I am utterly confused here.

    Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.

    First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).

    All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.



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  • snathan
    02-09 12:41 PM
    Only five guys so far....pathetic.

    Guys Wake...are you the one want to fix the problem or just another free rider





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  • Vsach
    07-09 09:46 PM
    Let's organize...



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  • jungalee43
    11-19 04:00 PM
    I called senator's offices. One senator's voice mail box is full. I will call them again Monday. Another senator's office directed me to their Atlanta office. Here they handle individual cases only. So the staffer said their is no point in my driving there and meeting them in person. But the staffer gave me his direct e-mail id and asked me to mail him the issues, views, suggestions etc. He assured me that he would forward it to DC office and would make certain that someone calls me from the DC office and hears my views.
    I am going to send him detailed mail tonight. Any suggestions? I will keep following up with another senator too.
    There is no use however talking to our House Rep. though.





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  • khaidhi786
    09-24 04:57 PM
    Congrats Dude !!



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  • stucklabor
    06-27 10:10 AM
    First up, thanks to everyone for resolving this issue on their own, in a reasonable and civil manner.



    In a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh, those are good suggestions that I will take up to the IV team.

    1. The idea of a democratically elected IV goals is a good one but there are huge practical problems. As it stands, the present IV goals are those that most people have indicated are those that the organization should strive for, and from our discussions with Congress/Senate staff, these goals are achievable. With democratically selected goals, the IV core team would have the unenviable task of fighting for whatever goals the populace decides is right, without regard to the achievability of the goals. For instance, if the junta votes on goals, many people would say 'Full portability of GC' or 'Automatic clearance of all pending labor cert applications in the BECs'. Those would probably not fly. Our current talking point is that our goals are small changes to the process; we do not skip any steps; and we do not change the process significantly. A full portability to any job changes the process significantly. Even yesterday, Spgtopper met the staff member of a very powerful House member and the staffer was quite positive on our goals - we do not ask for more green cards, we limit our goals to ones that are reasonable.

    2. IV goals are not written in stone. Name check is definitely an issue but it is an issue that not many of our people face. If our membership's problems changes from retrogression to name check, then we would have to work on that. It may be smarter to anticipate the magnitude of the problem and start work early. If you would be kind enough to partially lead the effort, that would be great. Logiclife is working on this issue on his own, and WaldenPond is also working on this. Please PM them. Logiclife is on vacation so he may take a while to respond.





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  • go_getter007
    12-17 12:33 PM
    You may want to focus on (and be thankful for) what you have out of the following:

    1. Good health (which we often take for granted)
    2. US born kids (at least they are citizens, if that's important to you)
    3. US education (a different experience for sure)
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
    5. Good work experience (this is transferable and more or less ensures a decent future)
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!

    And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?

    Cheers,
    GG_007


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?



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  • mita
    08-11 11:02 AM
    Guys,
    Let us update any developments so that it might help others to know the chain of updates after receiving the magic e-mail.
    Mita
    Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.





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  • sbabunle
    03-09 02:23 PM
    sorry msp1976. You are not alone. I've a slightly different story.

    I came in 1998. Was working with Indian startup. He screwed me
    up big time. ( I decided after that I will never work for Indian employers).
    He kept on telling me now, tomorrow..for starting GC process. Finlly
    he told me to go back to Indian office( In 2001). So I quit.

    I joined with new company. After 1 year they agreed to start
    GC for me. Another Desi in the company already started his GC.
    I had to go with that lawyer, since company doesn't want to deal
    with 2 lawyers. There was something going on between this lawyer
    and this Desi guy. Anyway this lawyer took all papers from me
    and told me everything filed. After one year I came to know that
    he did not do a thing. So in effect I miss the golden chance.

    I had to start again. In 2003 middle they filed again. And
    then the retrogression.....The story goes on....






    After two years in the US, I told my employer that I want to file for GC...
    Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
    July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......





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  • akhilmahajan
    02-26 10:21 AM
    This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.

    For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.

    I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.

    Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.

    But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.

    At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.

    Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.

    I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.

    I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.

    GO I/WE GO. TOGETHER WE CAN.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.





    delhiguy
    07-08 08:47 PM
    macaca, This is really good point


    There could be 3 reasons , which i could think of

    1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.

    2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)

    3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)





    new_horizon
    07-20 02:28 PM
    I would like to pledge $100 towards the core's admin cost reimbursement.
    Thank you core team.



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