We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. Rollingflood on the other hand does not share those qualities with you well. We will not close the thread as long as the discussion remains civil.
While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of chargeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.
Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.
There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.
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Also noticed only 8 Republicans v/s/ 23 Dems.
Although number of republicans so-sponsoring is lower, it's still 25% of the total so there is hope that more will support it when it comes to voting. ;)
Rep. Zoe Lofgren [D-CA]hide cosponsors
Cosponsors [as of 2008-09-10]
Rep. Neil Abercrombie [D-HI]
Rep. Earl Blumenauer [D-OR]
Rep. Michael Capuano [D-MA]
Rep. John Carter [R-TX]
Rep. Henry Cuellar [D-TX]
Rep. Artur Davis [D-AL]
Rep. Thomas Davis [R-VA]
Rep. Lloyd Doggett [D-TX]
Rep. Anna Eshoo [D-CA]
Rep. Gabrielle Giffords [D-AZ]
Rep. Wayne Gilchrest [R-MD]
Rep. Raul Grijalva [D-AZ]
Rep. Michael Honda [D-CA]
Rep. Sheila Jackson-Lee [D-TX]
Rep. Doris Matsui [D-CA]
Rep. Michael McCaul [R-TX]
Rep. James Moran [D-VA]
Rep. Sue Myrick [R-NC]
Rep. Jerrold Nadler [D-NY]
Rep. Grace Napolitano [D-CA]
Rep. Edward Pastor [D-AZ]
Rep. Lucille Roybal-Allard [D-CA]
Rep. Linda S�nchez [D-CA]
Rep. Loretta Sanchez [D-CA]
Rep. James Sensenbrenner [R-WI]
Rep. Peter Sessions [R-TX]
Rep. John Shadegg [R-AZ]
Rep. Jackie Speier [D-CA]
Rep. Fortney Stark [D-CA]
Rep. Melvin Watt [D-NC]
Rep. David Wu [D-OR]
Have you noticed that NOT many co-sponsors from MI/OH/IA/IL/OH/PA/MO/MN/CT/NJ/MA....etc states ? Does it mean something ? Many of them are the hardest hit states...or they are 'FULL' of immigrants....
I resigned from company A (who sponsered by RIR LC, and I-140) about a year back.
Filed I485 using approved 140 of comapny A in July 07, in the485 application we mentioned the details of the current company I am working in. Got EAD and AP approved. (Company A's management is co-operative and supports me to take back)
Also got 3yr H1b extension approved for current company based on the approved I140 of company A.
Now Iam traveling to India. Had an appointment in Chennai consulate . My previous H1B visa expired in 2004.
Will there be any issues with that much gap 4yrs, in getting stamp?
Is it an issue not working for GC sponsoring employer?
If I use AP what are the issues?
If asked at PoE (Newark EWR) why not working with company A? what should be better answer?
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Recently, my friends flow KLM to hyd via JFK. they came back safe. I will let you know the exp once i talk to them.
I don't think USCIS will( should ) worry about the PERM applications/140-approved applications.IMHO that' be fortune-telling business for USCIS, that so many PERM/140 approvals will directly result into so many 485 applications.
I'm know USCIS trumped us before, but If I were to bet, I'd bet that these are straight-record count off their 485 applications.
Do you know how much time it will take to get that status change? What if your PD is no longer current?
How do we organize this flower camaign or anything . Shouldnt a core member start the initiative by listing the action on the headlines.
I am sure people are waiting to see Oct bulletin. But based on information we have, please be assured nothing good can be seen, unless a miracle. Wait for the next bulletin may not be as pleasant in case you are looking for a job (No I am not). Lets all shoot emails to CORE IV now, to request them to start a campaign. I think from our end that shoudl be the 1st step. Unless they get the group together, we will be headless chicken as someone said, writing in doifferent threads,
EB3-India needs to move atleast 3-4 years.
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My 485 was filled in June 2004 and I got married in Dec 2004. NOw I need to file I-485 for my wife. I have couple of questions.Any help is welcome.
1. Can I file her I-485 without medical/Immunization?
2. What will happen if my GC is approved before we can file her papers?
3. What are my options if the 2nd come true?
Thanks in advance.
Given the current volume of changes 350,000 apps, regulations are bound to change, one way or another. Whether you want it or not. If USCIS officers (not the top brass) feel overburdened with EAD/AP work they'll start issuing more, and more, random RFEs, NOIDs etc. to reduce their burden ( passing the burden to you). They also might introduce labor market and other restrictions to reduce the backlog by eliminating all AC21 users. What is stopping them from doing it on their own?
Evading activity under the pretext of imaginary fears will not stop USCIS tommorrow if they decide to pass tough regulations. By requesting the 'right' changes, we are making sure 'wrong' changes don't happen. For that to happen we need to get involved in the decision-making process and influence the decisions in the right direction.
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I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.
Thanks in Advance,
There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc
From their Employee Brochure:
From their Employer Brochure:
From OSC Update newsletter April 2004:
If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.
If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.
In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.
Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.
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some action is better than nothing.
Good Luck. Keep it up.
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Attorney via AILA can make a difference, if he/she wish so. I can't even contact my own attorney. crap company policy.
July 2nd filer and hear nothing.
Faxed congressman’s office yesterday (Tuesday) morning. The immigration staff called back right for more information. She said she would make an inquiry through her channel.
She called me just now (Wednesday morning): my application is lost – meaning USCIS can’t locate me in their system. This is not new. She probably just called the USCIS customer service line but they can’t say crap like call back after 90 to 120 days. The staff was told that USCIS asked to give them a week to do some inquiry into their system and she will call me back next Wednesday.
On Monday, my attorney has sent an inquiry to the local Senator’s office on the 4 pending cases he has filed. Not heard anything back yet.
Given all the crap I have heard from USCIS customer service, I have NOT made a single call. That would have not made any difference on the fact I am not on the system anyway.
Will post back if there is development.
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I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
As per some opinions, H1 also gets invalidated when 485 is revoked past 6 years limit of H1B. Did you also get your EAD revoked?
To answer your question#3, my lawyer said I should be able to retain PD from earlier approved 140 in such scenario. Check with yours.
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Good Luck dude. You should definitely go for it.
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I hope you got my sarcasm
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I had my visa interview in Mumbai on Dec 28th. A PIMS Verfication was required for them to be able to issue me a visa. This is for an H1-B extension of stay - My six years expired in Nov. 2007 and my green card is in process.
I was told the time they are taking for procesing is 48 hours but I still have not received any notification to take my papers to the VFS center.
Has anyone in this situation already received their visa and stamped passport and if so how long did it take?
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USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum
I agree that there is no silver bullet in any analysis. It is a number crunching game.. What is important is follow-up after analysis, which is only possible with IV.
Dems want votes and more Hispanics
GOP want more temps since it is very good for business
Lawyers want more money so they are not interested in solutions. They are in it for money
Individuals want their greencard just in time and not worry about the guy right behind them..
tracker websites need traffic to get money from adds, so they don't want solution..
Thanks I appreciate your follow-up. My response was more for those people whose only objective seems to be to denigrate others (Name calling - Freeloader etc) and divert everyone from the topic.
I hope you got my sarcasm