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  • sri1309
    03-10 10:51 AM
    Dear Sirs/Madams,

    Good morning!! With reference to your previous e mail talking about "living in US for 5 years, pay taxes and get a green card". Also, " living in US for 10 years get a citizenship". It reminds me that a few days ago, from the other forum, I see someone talking about the bill "HR264", there is several items in this bill. However, there is only one section in this bill mentioned about "granting green card to people who have stayed in US for 5 years or more". I do believe the chance to pass this bill is very very small because right now the economic recession is so deep that no one knows when it will be recovered.

    Also, I know some people who have won the diversity visa lottery and get the immigrant visa to US to be the permanent resident and then stayed in US for another 5 years and get the citizenship.

    But some people (for example like my situation) who have stayed in US and fully paid foreign student tuition fees as a foreign student for 10 years (6 years in several degrees then graduate and then back home and then come back to US to study another advanced degree for 4 years and total 10 years as foreign student) still cannot get the green card. After I finish my doctorate degree, I got a company sponsored me the H-1B visa but the quota is full and I pack all things back to my home country until now. So I just wonder when will "granting green card to people who have stayed in US for 5 years"and whether it will be true!!!!!!!!!!!!!!!!!!
    I wonder whether this 5 years only for people who have worked here for 5 years in
    H-1B visa or not?????????

    Good luck to all of you and thanks for everyone's attention!!

    Sad to see how much you had to struggle, but I know and I'm one of them who are here for close to 10 years and paid taxes etc.. If 100,000 of us make the right noise, then we may be heard.
    As someone here is saying, following a GC step before Citizenship makes BS to me. You have done whats needed to be a citizen (dont go by the book, doesnt even appear there is one). They have delayed it for no fault of applicants. So this is the way to correct it.
    Lets say I am 10th grade student who invented a cure for cancer. Will you oppose if MIT gives me a hon. Doctorate. That may be an extreme example but what we are asking for is something much smaller and well-deserved. After 10-15 years, the only rule should be to look at the paystubs and criminal record. Not which company you worked for or how much you were **ed by X employer. The case must just be yours independent on any employer. PERIOD.
    Current economic situation.. SHOW how you can contribute. There is something called timing,. so THIS is the timing to ask for Citizenship so that you can BUY HOUSES AND START COMPANIES.. and thats how you help America to come out of this.





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  • aadimanav
    01-03 12:55 AM
    Source:
    http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723

    Delay In The Age Of Security - Employee Green Card Woes

    Geoffrey Forney
    WolfBlock
    Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.

    Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.

    Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.

    What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?

    Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.

    The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.

    Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.

    As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.

    Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.


    (Part 2 in the next post below)





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  • gjoe
    08-07 10:54 AM
    Sunny and Rolling came out as selfish to the majority of the members because they just focused on their issues first and identified some of the root causes for their long wait.
    I think we should all atleast encourage them in their pursuit for justice. We have nothing to lose. When a specific group works on an issue which is affecting them most they would do the best to get that fixed.
    This would motivate other smaller groups with other issues to take up theirs seperately. The more this happens the more heat it will generate on these 3 agencies DOL, USCIS and DOS.
    Then we as a bigger organization can work much faster on getting the bigger issues resolved which in turn will fix lots of these smaller things in the system.
    These kind of initatives are a win win for everybody. Every small step would help us go move towards our goal instead of trying to take one gaint step and getting bogged down.

    PS: Waiting for miracles is onething for people who trust in God
    But acting on ones own issue can get them closer to that miracle





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  • delhirocks
    06-29 08:37 PM
    Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....

    We must fill their mailbox guys, let tham know this cannot be accepted.

    uscis.webmaster@dhs.gov

    National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)

    I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no career life", "no nothing life".

    Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwards (heard its nice).

    If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...



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  • eb3_nepa
    07-09 06:54 PM
    What you guys are talking about ... Walter reed is the best place for the flowers to go, with all what is going on in there ... the media will eat this news . DO not Cancel whatever you Do do not cancel instead call the media and let them know........... This is even better.

    Can we do a blood drive next as protest! seriously. Donate blood as protest and for media attention.


    Sure lets donate our KIDNEYS next!! This whole campaign sounds more and more ridiculous!!





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  • gsc999
    07-10 07:47 PM
    It seems the popular perception is that this is an Indian effort.
    We need to correct it.

    It seems some of the members who interviewed with the media got carried away with "Gandhigiri" and all things Indian. It sounds ironic, we are craving attention from Indian media while trying to become Permanent residents of USA.



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  • ksiddaba
    07-11 11:04 AM
    Please don't undercut the Flower campaign. We need to give time for this to percolate through the main stream media. Please please please don't start delivering all kinds of things to USCIS. My two cents!

    PS: I did participate in the flower campaign early on so please don't post stuff saying I am a naysayer etc.





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  • illusions
    07-11 11:45 AM
    Guys sending in food is not gonna work. They are not gonna simply accept food like that and would rather just turn em away. We should stick to flora and fauna and i wouldn't suggest anything else.

    If that won't do it, keep sending snail mails, so much so that they will have to hire extra personnel to sort the mails, and maybe backlog them too lol.


    By the way, Thank You, Xiyun for all the Media Coverage, your help is greatly appreciated by us all.



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  • nkavjs
    11-09 02:13 PM
    On the Receipt notice. it says application received on 4 August. Processed on Oct 1, 2007.





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  • peer123
    05-27 05:53 PM
    Friends we all know to get AC21 it takes 6 months from the date of 485/EAD application.

    Suppose you get your EAD and say have an extension on H1B also for 3 years. But you have not completed 6 months after date of 485 application. In the mean time you loose your Job, then can we still retain the EAD... with say new employer....



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  • saimrathi
    07-14 08:32 AM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?campaign_id=rss_topStories

    The Gandhi Protests
    Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest





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  • tanu_75
    04-01 01:03 PM
    India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (http://blog.klaskolaw.com/2011/04/01/indiachina-quota-numbers-update/)

    India/China Quota numbers � Update
    April 1st, 2011 by William Stock
    While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.

    A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.

    It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.

    We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.



    Counting the dates..... Thank you all in IV team; great work

    I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.



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  • trikap
    05-22 06:40 PM
    If you can restart ur app in Eb2, you should be fine dates wise. Unless CIR messes it up.

    Approximately 2 months for PERM and then you can file 140+485 concurrently.
    All the best!

    thanks, I am going to look into that also.

    I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.

    Why is it so difficult and complicated?

    I am losing hope in it.





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  • whitecollarslave
    01-11 02:31 PM
    Guys the race is on! Anti immigrants are onto our campaign. see this link!

    http://www.alipac.us/ftopict-97988.html

    Are you ready for the showdown? Lets send as many letters as we can!!

    I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.

    How is this in conflict? Am I missing something?



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  • thomachan72
    03-10 09:03 AM
    no, the idea is; if you cry for gold you will atleast get silver. When the point is raised that people have been living here legally, paying taxes, ss, owning houses etc etc for 10 years!! What more is actually needed for citizenship?? The idea is to highlight that legal residents (many of them) have been here for ever!! 10 years is almost 15% of an average life span!! If only this thing is highlighted in some strong news papers. Isn't this protectionism at its worst. Us is complaining about labor laws in china???? What the heck is this here??? You pay taxes and ss and medicare etc for 10 years and then you are asked to leave??????????? Isn't this slavery??? Either take of the requirement that workers on visas have to pay the required ss / medicare etc or assume responsibility for having taken their hard earned money and let them in as soon as possible into the society.

    somebody with skills in finding out stuff should research on how much money per year is contributed by the working h1b employees and given the numbers that are sent back how much is actually "stolen" from them. I once again say "stolen" from them. If they are sent back they should atleast be entitled to all the money that was "ilegally" taken from them.





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  • jsb
    09-20 02:55 PM
    Question is that there are so many July 2 filers (including me) who have not got any response yet. Therefore, it is not an isolated case. I don't know if emailing to the Director does any good, as long as USCIS keeps admitting that they have not yet sent all receipts (inspite of weekly bulletins). Until 90 days are over, I guess, USCIS will be unresponsive to individual inquiries.



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  • nish
    06-16 10:09 AM
    Thanks for your reply.
    what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
    Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.

    Please suggest what he can do in this situation.
    If anyone come across in this situation then please reply to my question.
    Appericiate your help in advacne





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  • sc3
    08-20 10:23 PM
    Can you please further explain how the visa flow will work if instead of horizontal flow it is made vertical flow... or you have some other interpretation?

    Quite simply put EB3-ROW << EB2-I,C. So there is a faster chance of EB3-ROW going forward and being current before EB2-I becomes current. Therefore, with all other categories satisfied, it boils down to EB2-I/C and EB3-I/C. Thenceforth, as USCIS has indicated, the longest waiting PDs will be given the roll-over numbers, which is EB3-I.

    So what will be the flow? I guess the following

    EB1-> EB3-ROW (until current)
    EB2-ROW -> EB2-I/C

    Once Eb3-ROW becomes current

    EB2-ROW -> EB2-I/C
    EB3-ROW -> EB3-I/C
    EB1 -> older of (EB2-I, EB2-C, EB3-I, EB3-C)


    Please note, this is not going to be a quick fix for EB3-I. We are lowest on the totem pole, and barring legislative action, the only relief we can have is "earlier access" to numbers. Without a reversion of the complete horizontal spill over, older priority dates will continue to languish because EB2-I is going to remain sufficiently subscribed going forward.





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  • jcrajput
    09-25 09:18 AM
    I am july 2 filer with no activiy in the case. NO RN, NO CC, NO DATA in System.
    I would like to send fax or e-mail to congressman.
    Anyone know here how to find local congressman?
    Anyone has templeate of letter to fax or e-mail?

    We hope for the best.
    Thank you.





    PlainSpeak
    04-04 08:04 AM
    Yes, because there was no other way I could rack up 2300 minus points. I find this game as silly as it is irritating, but letting them know it doesn't work with me anymore. Yeh unka bachpana ka nishana hei.. They're just being kiddish

    You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D





    katrina
    05-10 02:49 PM
    My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if

    >she can file 485 by being in F1 ?

    If you are under H1b and she is applying for 485 together with you then answer is yes she can.

    >Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?

    No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.

    >What will be her status when she starts using EAD if she filed being in F1?
    Once she filed 485 she will be waiting for her status to be Permanent resident.
    her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.

    I'm not a lawyer what I've told and writte has to be confirm with your attorney.


    Also Please see below answer by Attorney Murthy:

    Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?

    Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.



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