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  • alex99
    04-08 09:05 AM
    Thanks for your response BharatPremi .

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  • anilsal
    07-18 12:48 AM
    Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

    Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).

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  • Wendyzhu77
    07-24 12:48 PM
    I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
    Continuing on this forum with more generic title

    Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

    Greg Siskind is reporting the following about July2nd rejection here

    part of above post --
    USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
    USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
    For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.

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  • nogreen4decade
    07-15 01:36 PM
    I think you are in. Good Luck!
    Mine is 3/21/06. So close...yet seems like so far :(
    Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:


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  • StarSun
    02-09 08:21 AM
    I have lived in VA before and know how much of a mess it can be to commute between VA and DC.

    However, for this specific event, would local members or those who have had experience attending advocacy days last year recommend to solely use public transport to get to the DC/Cap Hill area or would renting a car be of any help. I was thinking of just renting a car to just get from airport to place of stay and then use public transport on Mon/Tue to get to DC.
    LOOK FORWARD TO SUGGESTIONS as I need to plan my travel.

    Parking can be a problem near the Hill. It is probably best to use public transportation.

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  • Asian
    11-21 10:46 AM
    I like this posting by tjayant. Very personal and detailed message. Except for one thing. You cannot guarantee 2 years from now for those who applied in 2003 and 2004 till getting GC. That is the whole problem for all of us.

    My PD is in 2003 and I am EB-3 ROW but I don't think it will happen in two years in this pace. I am trying to move on with the new degree I will get during the long waiting period. Just like many people I had worked for my current company two years before starting GC process. Not many company let you do it right away... So stuck almost five years in current company without career progress just for the hope of GC... How screwed am I?

    Back in 2003, my immigration lawyer didn't care much about EB-2 even though I already had a masters degree probably because of the prevailing wage requirement. But they had no clue what was going to happen.

    Here is my advice to folks trying to jump job just for $$$, even if the GC situation is bad , money should never be the only factor in moving for another job, plan long term , actually from what I know only startups have good opening but highly unstable so it is a catch 22 for most of the folks, I would suggest if you are in fortune 500 companies and the job is boring and salary is bad stick with it for 2 more years , if you cannot get the GC in the next 1-2 years I dont think you will ever get it, this is applicable for folks who applied GC during 2003/2004, 3+2=5years , for folks who has applied for GC after 2004 you can do what you want !!., here again look for favorable environment, Govt's change and policy change so make hay while the sun shine !!, so if the policy is favorable even if the job is bad but you can get the GC in 1-2 year i would stick with that company, because you will never know what will happen after 2 years , It looks to me like we might be in a cusp of policy change similar to 1999/2000, if you miss this boat you may have to wait for another 6-7 years. But again if my understanding is correct America is like a ocean and there is room for everyone , so no one need to be scared of GC etc, every one will get it in some form or other eventually , it is only a matter of time. As far myself iam still waiting for LC, but never really bothered about GC during my 9+ years stay , I just did what I wanted , but after 9 years I would like to move to a startup but controlling myself with the above logic !!!, But one good thing about waiting for GC is it made me a better person personally in learning ton's of stuff valuable for long run. so there is always pluses, everybody wants to be a Pirate (do what we wanted like jump job's at the fist obstacle/temptation $$$) but sometimes it is good to be controlled by external factors to get the best of ourselfs.


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  • alias
    06-10 01:21 PM
    EAD is not tied to an employer/company, it is your application. You may apply for EAD but not work at all, if you wish.

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  • nixstor
    07-18 12:58 AM
    Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)

    Exactly, I posted the same on Greg's blog as a response. How ever, you should be calling USCIS if you do not receive a Receipt number in 30 days or if your checks are not cashed. There are not many AOS applications filed after first week of July. 3 to 4 weeks time frame is common turn around time. Dont freak out until then.


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  • Jbpvisa
    07-12 11:01 PM

    July 12, 2007

    Michael Chertoff, Esq.
    Department of Homeland Security

    RE: USCIS Decision to Reject I-485 Filings

    Dear Mr. Chertoff:

    It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.

    Purpose of this Letter

    I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.

    USCIS Decision Contradicts its Long Standing Procedure

    In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.

    These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream

    These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.

    USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury

    Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.

    The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.

    The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.

    The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.

    The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.

    USCIS Motive is to Collect Millions of Additional Filing Fees

    Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.


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  • new2gc
    03-10 11:40 PM
    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.

    yes, on CNN, are showing ad saying every year US govt is importing 1.5Million foreign workers.... I wonder where did they got that number.:confused:


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  • Jaime
    09-10 03:53 PM
    By the way, here's a funny (and sad but true) anecdote. I had already been on H1-B status with my current employer for over a year when I engaged HR to start my green card/adjustment of status process. The answer I got from the HR person was "Oh, sorry, but we don't sponsor"...I was frozen! Did not know whether to laugh or cry out loud! "But dear, you already have sponsored me!" I told the poor lady.....


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  • crystal
    07-16 05:52 PM
    H-1Bs have an affirmative action preference ... What a shameful propaganda?

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.


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  • greencard_fever
    04-06 07:38 PM
    Please send him this link

    He needs to post it himself if he wants to come back and if the story is true.

    We need real people talking about it first hand.

    Until then let us stop talking about friend's cases because it causes unnecessary panic. These stories may not be true and just rumors.

    Well said pappu..this friends friend and his friend kind of stories causes unnecessary panic to the people who want to travel to India and may also spoil their trip..once they went to India by thinking about the POE rumours..

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  • pcs
    08-03 01:39 PM
    This guy is the root cause of our problem. Else, we would have got our provisions in Dec'05


    I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


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  • conundrum
    11-07 04:46 PM
    Bump ^^^^

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  • nomi
    12-12 04:09 PM
    I think, we should arrange meeting with DOS and USCIS and ask them about all possible solution of this problem.

    We should find DOS and USCIS main offices first and then ask IV member who live in those States can contact them and arrange meeting and bring this issues on table with DOS and USCIS Official.

    There is nothing to lose by doing this but lot ot gain if we came with some solution. May be there are some ways or something under their control where they can allow us to file for EAD and AP if I-140 approved.

    If this doesn`t happend then we have nothing to lose.

    what do you guys think about it ??



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  • mallu
    02-15 04:25 PM
    What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
    Anything published ? Just curiosity ( not questioning any current laws )..

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  • abhijitp
    03-17 06:52 PM
    Bumping up!

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  • calgirl
    07-20 02:33 PM
    Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
    After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.


    06-11 11:49 AM

    06-15 10:02 AM
    I meant can we get a list of all the states the emails have been sent by all the members.

    The mail will only be sent to your US Senators from your state.

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