anu_t
06-20 09:40 AM
navin I am also in the simillar situation. Still couldn't decide what to do?:(
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GooblyWoobly
08-08 04:23 PM
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
amsgc
07-31 09:40 PM
I don't think your mom should overstay the visa - not a good idea at all.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.
BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.
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SirDuke
01-04 10:02 AM
Are Tweening Engines ok to use? TweenLite for instance?
more...
sky7
07-26 11:17 AM
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
lotsofspace
04-04 04:23 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
more...
immigrationvoice1
03-06 03:44 PM
I say EB3 India will move to Jan 1st 2002.
Please provide some more estimates for EB3 India....
Please provide some more estimates for EB3 India....
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speedo
08-14 03:25 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
more...
joeshmoe
09-04 12:44 PM
joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...
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Waitingnvain
02-08 10:01 AM
I will be in transit through Amsterdam, do I need a transit visa and are there any problems with travelling on Advance Parole.
Thanks
Thanks
more...
srinivas_o
09-16 02:41 PM
Thanks to all of you guys. Your responses makes me feel good about travelling to India. Once again, thank you.
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GCcomesoon
01-07 11:07 PM
Hi
First let me tell you that QA jobs are not relaxing & easy as some people think about it.It all depends on whats you aim & where you want to go in your career.There ample of QA-Testing jobs here & in India too.I have been working in QA for last 7-8 years & have worked on 3-4 assignments. I have hardly been on bench for more than 1 month.Its the way you look at things. I have also earned decent money in these years & I still make good money compared to some friends in development.
There are lot of QA-testing tools available from different vendors which you should try to learn , They will give you lot of exposure & demand in the market place.
Remember, Every job has its own value.No job is worthless.
Thanks
GCcomesoon
First let me tell you that QA jobs are not relaxing & easy as some people think about it.It all depends on whats you aim & where you want to go in your career.There ample of QA-Testing jobs here & in India too.I have been working in QA for last 7-8 years & have worked on 3-4 assignments. I have hardly been on bench for more than 1 month.Its the way you look at things. I have also earned decent money in these years & I still make good money compared to some friends in development.
There are lot of QA-testing tools available from different vendors which you should try to learn , They will give you lot of exposure & demand in the market place.
Remember, Every job has its own value.No job is worthless.
Thanks
GCcomesoon
more...
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MissionImpossibleGC
08-24 11:34 AM
You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
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Canadian_Dream
01-18 05:01 PM
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
more...
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GCin2050
07-10 05:33 PM
Great,
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
We need more people going to press and television with stories of how it affects us and then following it up with Senators and Congressman of their district. This will create more awareness with human face and emotion behind the issue. After all this is what illegal aliens did, they took out rallies and ran stories of how families will be separated, they have worked for years, their kid is US citizen but parents are illegal and deporting them is not good, they are hardworking, church going people. We need to replicate that thrust on our issues. I think this should be the next drive of the media campaign - Personal Stories.
We need to highlight how july bulletin affected us and more importantly we were not allowed to file. Also, all of us need to join the class action lawsuit without fear. United we stand, divided we fall.
-----------------------------------------------------
http://www.deseretnews.com/dn/view/0,1249,680197801,00.html
Workers feeling cheated by green-card reversal
By Deborah Bulkeley
Deseret Morning News
A surprise government announcement that there were plenty of employer-sponsored green cards available raised Mehul Kapadia's hopes that his wait for permanent residency was finally over.
But then, a sudden announcement that no new green cards will be issued for highly skilled workers until fall has Kapadia wondering if he'll ever find stability in America.
The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers.
Applicants often wait years for those numbers. Kapadia, an Ogden software engineer originally from India, says he's been in line since Dec. 16, 2003.
For now, he's a legal worker with a temporary visa. So, when he saw he could apply for the green card number, Kapadia underwent the required medical exam and submitted his documentation July 2, the first day it could be submitted.
Then, that same day, the State Department issued an update stating that "sudden backlog reduction efforts by Citizenship and Immigration Services during the past month have resulted in the use of almost 60,000 employment numbers." The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.
CIS had been working since May to reduce a backlog in applications it already has on file, said Bill Wright, spokesman for the agency.
"There's a numerical limitation of roughly 147,000 visas available (annually)," he said. "Once we met that numerical limitation, we requested that the State Department post a brand new, revised bulletin that anything after that is no longer eligible."
The State Department had originally posted the bulletin to ensure that all available visas for the fiscal year would be issued, said Steve Royster, State Department spokesman for consular affairs. Last year, he said, roughly 10,000 such visas weren't issued.
"Processing visas on file with CIS is going to benefit all the applicants in the pool, and this will ensure the entire allotment of visas for 2007 will be used," he said.
But Kapadia now says he feels cheated by two federal agencies that said one thing one day and another the next.
"Nobody knows what happened," he said. "This was kind of a big rejection and sense of being let down, but for what? We still can't comprehend why they acted in this extraordinary manner."
Kapadia isn't alone. Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.
"There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.
AILA's sister organization, the American Immigration Law Foundation, is considering a lawsuit against the two federal agencies, Williams said.
"We've gone back now about 25 years and have never found a situation in which a bulletin was revised after the first of the month," she said.
Neither Royster nor Wright would comment on potential litigation. Wright suggested that anyone who filed an application on July 2 contact their local CIS office to find out the status.
The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.
Kapadia says he isn't worried about the fee hike so much as the freedom he'd receive with permanent residency. He'd be able to travel internationally without restrictions, and establish residency to study for a master's degree. He and his wife would be able to remain in the country if he loses his job, and they'd eventually be able to apply for citizenship.
"It's kind of a golden cage we are in. We are free, we are in America, but we are stopped from doing anything," he said. "I am looking for the American dream, but it is looking like more of a mirage."
--------------------------------------------------------------------------------
Contributing: The Associated Press
E-mail: dbulkeley@desnews.com
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viveckj99
08-24 03:41 PM
Hi All,
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?
more...
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go_guy123
11-23 02:23 PM
Well Said.
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
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conchshell
04-24 08:22 AM
Breaking news on http://www.immigration-law.com :
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
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jcrajput
07-21 03:51 PM
We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?
Can anyone please guide or help?
Thank you so much.
Jignesh
Can anyone please guide or help?
Thank you so much.
Jignesh
lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
milind70
07-18 09:39 PM
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
That is not true right ????
Somebody please clarify !
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
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