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  • viveckj99
    10-10 04:23 PM
    Right,
    looks like USCIS are giving us least priority.They may be thinking we are suppose to file a law suit when Visa are unavailable during July3 to July 16.
    Dont know where they put our application?do we get any rfe or rejection?
    Hi guys,
    it is very frustrating that most of the guys whi have filed between July 2nd -July 16 have been waiting either close to 90 or more than 90 days, just for the sake of the DAMN receipt notices.

    I have been very patiently waiting for the past 84 days (as i filed mine on July16th) and I see that even folks who filed just during the Aug 10th period are also getting their notices and getting their FP done.

    DAMN with USCIS sorting order, as those morons could not even implement a FIFO manner, if they had followed, we would have had our receipts long back.

    Once again, HELL with these stupid receipting process.

    Hope atleast some of you can understand the pain in the whole friggin process.

    FETCH_GC




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  • Madhuri
    02-17 04:52 PM
    Your receipt number for this payment is: 1326-1716-9434-4395.




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  • paskal
    07-08 09:40 PM
    140K GCs are available on Oct 1. But, dates are not current. Based on this, there appears to be a law that prevents USCIS from recieving ALL AOSs. I am guessing that this law specifies a cap on AOSs that USCIS can recieve from lawyers. (This is why I am keen on knowing conditions for setting dates in VB)

    The following argues that it is hard for this cap to reach exactly on the end of every month.

    It is impossible to believe that this cap was not violated in June when it is possible that USCIS got 200K-600K AOSs.


    only 27% of the annual quota is released Oct 1
    the first 3 quarters cannot use more than 27% each
    that is the whole issue
    on the first working day of the month/quarter, where were the remaining 19%
    that should be available by law?
    how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...




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  • sankap
    07-10 04:43 PM
    No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    Now you have come down from legal standpoint to employer standpoint! :D

    The answer to your question is No.
    Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.

    Again, you are mixing H-1B job with GC job.

    Let me ask that question again (because you got confused last time)
    Look at the I-140 application for GC (Page 2, Part 6, Question 5)
    http://www.uscis.gov/files/form/i-140.pdf

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    You still believe that no job is permanent. If so, all I can say, more power to you.

    Have a good day!


    _______________________
    US citizen of Indian origin



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  • PavanV
    09-09 08:16 PM
    Boss,

    Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:

    For people like me with 3-Year degree EB2 is not an option. The only option I see is Investor Route...




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  • camarasa
    07-09 06:06 PM
    Guys and gals when you email people and talk to people of the media etc please stress "LEGAL IMMIGRATION". I've been reading a few messages of late that open with "immigration" but only start talking about legal immigration a few paragraphs later. Please stress "LEGAL" everytime you mention the word "immigration". Thanks.



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  • asdcrajnet
    02-01 04:45 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!




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  • ramaonline
    05-11 12:30 PM
    On h1b u can start any business as long as the investment is passive. (something like investing in stocks, real estate etc) You cannot actively work for your business. The same applies to h4.



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  • EndlessWait
    10-08 03:01 PM
    Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.

    Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).

    Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".

    These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.

    When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.

    So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.

    Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.

    So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.

    Lets do that and also have $5 recurring contributions , if $20 is lot for people.




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  • nmdial
    11-17 03:22 PM
    All the best!!



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  • shreekhand
    02-02 12:52 PM
    Nobody is holding them back and that is the very reason they are planning to go back... got it ?

    Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!

    I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.

    Looking at the numerous corruption scandals and making a hoopla about it or relating it tightly to the ancient family values (that India has) that one can give to the children is quite narrow minded. For that matter I can make a big list of scandals in almost every country. There were numerous scandals in 80's and 90's in India - that didn't affect the kind of right values my parents imparted in my siblings or I. I can say the same for my several friends.

    Things are in constant flux in any country - while the divorce rate, teenage mothers, suicide rate was very low in the early 1900's in the US, it went up by orders of magnitude in the last 50 years. Teenage smoking was rampant in the 70's and 80's it went down dramatically after that.

    People wanted to free themselves from the rigid value system and hence the 1960's and 70's hippie movement - what did they do - drugs, sex and alcohol - didn't go anywhere (remnants of which we still see in the US "culture") ! They turned themselves to service, philanthropy and spirituality and found a new way of looking at things - great things have happened thro' the initiatives of these Americans.

    Having a static view of things is really claustrophobic and is a seed of frustration and negativity. Generalizing everything is even worse.

    To understand the culture of India, you need to scratch deeper and assimilate it.

    I couldn't have agreed with you more...When I meet people and they say Indian Culture is great, India is Gr8, the life here is boring and kind of nonsense I don't understand Y they are here of course for better life and money. Then Y keep on complaining about the things in life..no body is holding back others to stay here.

    I really don't understand what culture they talk about....

    @least here I don't need to bribe of simple things like getting my DL license, House registration, Going and meeting a senator, legislative. I don't need to explain to 10 people around my house if I go out and come home late night. These are just a few... I'm 100% sure I would not spend as much as time I spend with my family now excluding the weekends. I can't imagine going early in the morning at 7.00 and coming back home at 9.00 PM watch TV, eat and get to bed. On top of that go to work on weekends deal with relatives, neighbors, colleagues etc etc. Of course How can I forget the CASTE SYSTEM which is becoming as some people call the nation has developed. I cannot imagine my kids growing i the environment where CASTE SYSTEM is so prevalent.

    Well that is me and everybody have their own opinions. And good luck to all you want to move or stay.




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  • desi3933
    07-10 07:49 AM
    Please post URL of this and others. Thanks!


    Sec. 245.1 Eligibility
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca

    Sec. 245.2 Application
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56



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  • diptam
    06-22 01:39 PM
    I have a electronic mail from them with the 140 receipt Notice (as PDF)
    from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....

    I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.

    But don't you need copy of 140 also?
    Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.




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  • mgautam
    07-03 10:04 AM
    This is a superb idea. I am game for it. Someone in the DC Area will also need to coordiante press releases to media so there is coverage for this.



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  • noriks
    11-18 09:08 AM
    Thanks.




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  • desi3933
    07-10 06:50 AM
    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.

    Total BS. Do you have any reference link for case denials?

    You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.


    .



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  • sayantan76
    03-09 11:18 PM
    And I know a guy (a restaurant waiter from Nepal) got his GC in frikkin 14 months. And this was 5 years ago when I had just applied and now even today mine is still pending and that Nepali waiter who could not speak 4 words in English is now a Citizen and whenever I go to this restaurant for a buffet he keeps laughing at me and he is still a waiter in the same restaurant. I know him for 6 years. I get enraged at this countrys immigration policy. And I have met about 5 cabbies (Somalia, Pakistan, Sudan) etc etc who came here by winning visa lottery. And they are all citizens or GC holders. This is a mockery. This country has finally started to SUCK big time.
    what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......




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  • desi3933
    07-09 11:50 AM
    The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.

    Read again -

    (3) an immigrant visa is immediately available to him at the time his application is filed
    it means that
    At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him

    Also read my other post
    http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103


    ______________________
    Not a legal advice.




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  • samrat_bhargava_vihari
    06-13 08:27 AM
    My 485 application was filed with NSC on June 4th, 2007. I know it is too early to expect receipt notice.

    Who will receive the original approval notice?. Attorney or me?. Who will receive the FP notice?.

    Thanks a lot
    Ram

    I guess both of you.




    ramus
    06-05 08:18 PM
    Like I said in another thred, this message is not for any individual so please don't take it personal..
    Thanks to all who already contributed.. Those who haven't yet please do it now..



    In spite of all the forum spamming, I have contributed, thank you

    And yes, I've sent multiple faxes to every senator.

    And yes, I've visited, phoned and emailed multiple senators and congressmen.

    And yes, I've sent approximately 700 emails to media outlets nationwide

    PLEASE stop spamming the forums




    alterego
    11-21 05:28 PM
    Mehul,

    Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
    If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
    That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
    You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.



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