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  • desi3933
    07-10 09:08 AM
    Section 245

    8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c




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  • gjoe
    10-08 03:46 PM
    A rich man had a bunch of horses and donkeys. He used some to carry the load and some he tried to breed for participating in races. He was trying something but not very effeciently.

    When we have a mix of people like in this forum, you will see different people, different thoughts, ideas and talent. A leader with patience can put to use more than 90% of the resources (members), if he knows what he/she is doing. No matter how many times you ask some will never go to rallies, some will never participate in state chapters, some will never contribute money, etc. Trying to get everybody to do the same thing is never going to work. Please don't mistake me or take offence. All that I am saying is "Horse should be for races and donkeys should be for carrying the load" In no way the donkey is inferior to the horse or vice versa.
    BTW I work for the goverment and I know a little bit more than what you know about it. I am not saying this to belittle you but just mentioning my opinion


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

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

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

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

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

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

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

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




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  • mmanurker
    02-09 02:03 PM
    Here is my $100 contribution
    Dt: 02/09/09
    Receipt ID: 5524-9117-6391-1389.




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  • diptam
    07-04 09:58 PM
    First of all - Stay away from X ( be it american/russian or whatever company)

    From your post it seems like Y is a kind of better in behaviour, closer to Home
    , wants to help you in GC ( FROM SCRATCH) but you dont want to pay for GC cost of 8000-9000 again ( what you wasted already ).

    I'm not a legal counsel/mentor or lawyer but in mY opinion - You find a company Z which has similar criteria as Y but only additional criteria is they will bear the cost of your GC - Its not difficult to find such Z ( worst case they may ask you to sign a bond of 7-10K if you leave them 1 yr after GC) ....

    After you get GC or EAD at hand you have lots of avenues open to tackle any bond that Z might have made you sign.

    Does this helps ??

    When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
    They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

    I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
    not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
    letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

    Shall I start green card again with company Y ?
    Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.



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  • gcboy442
    09-11 11:01 PM
    Guys
    I got all my receipts today (Mine and my wife receipts)...My case is
    Received by J.Barrett at 10:25 AM at NSC, Case transferred to TSC on 08/05/2007 (Based on LUD). Notice Date is 09/04/2007.
    My I-140 is from TSC. I know what I went through this whole 70 day process, but as the saying goes 'There is light at the end of the tunnel'.
    Thanks IV...I owed that I pay some money towards the rally and will do that now.
    Thank You all and Good luck to those who are still waiting.




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  • satyakb
    02-21 09:38 PM
    Contributed $50.00

    Transaction ID for this payment is: 1JR0904727135042B

    Immigrationvoice.org support is very appreciated.



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  • akhilmahajan
    02-27 09:06 AM
    Thanks a lot everyone.

    Grand Total - $2162

    Come on folks lets help IV, to get things done for US.

    IV is I/WE. GO IV GO. TOGETHER WE CAN.




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  • eb3_nepa
    08-18 03:02 PM
    Wasn't that appropriate here? Aren't they use this word in day to day life?

    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here



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  • royus77
    07-06 06:45 PM
    Can we have similar protest in DC coinciding with the west coast one ?Any takers ???? This should be done may be next sat/sun before the issues goes back into the hoistory




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  • diptam
    06-27 11:53 AM
    Point1) makes me perplexed - Can there be agreements with open ended
    time periods.

    But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.

    There are many points on which this agreement can be defended.
    1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
    2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
    3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.

    Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.

    I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.

    Good Luck.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • cjain
    11-02 11:18 AM
    I was confident on this before, you have just made me super confident.

    I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.




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  • manishcp
    09-10 03:25 PM
    Hope very soon



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  • royus77
    07-11 10:27 PM
    Originally Posted by conchshell
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about. :D.......




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  • gcisadawg
    03-06 06:22 PM
    I find the second proposal very reasonable. If anyone is waiting for more than 5 years, then make that person exempt from country quota.

    I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.

    I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!

    Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.

    When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.

    When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.

    I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
    I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......

    -G



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  • agadre
    07-02 09:34 AM
    USICS has hired the hollywood actors in order to clear backlog. Now most of those celebrities have lots of experiences of giving signatures to fans, uscis has assigned them the mail receiving clerk's duties.

    Thats a good one.:D




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  • REDS
    11-06 01:47 PM
    I too am sailing in the same boat.
    Opened an SR yesterday with USCIS for FP.

    my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.



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  • Can454545
    05-10 08:13 PM
    Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
    Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
    This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
    The point is not to divide the community, but to emphasize on unity! Though we belong to different EB categories, we need to work together and realize the pain of the community as a whole instead of taking it individually.
    Well my hopes are pretty low from this community, infact hopeless. But I did take the pain to create the dummy username to point this bigotry of some of our useless members, who are among us.
    Please don't care for our betterment - we have and would manage without the help of you BS people.

    HHHHHHHHHHHPPPPPPPPPPPPPPPPPP




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  • gc28262
    09-09 10:15 PM
    Please see the following post

    http://immigrationvoice.org/forum/869770-post54.html

    The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.




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  • rsharma
    09-24 08:36 AM
    In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
    (unless the title and job description totally different in 2010 for B)

    By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

    Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

    The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

    EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

    Else it is your fate.. you know better what to do...




    zoooom
    07-19 11:21 PM
    This is great going guys...Lets keep the ball rolling. I am sure we can do it.




    feedfront
    08-26 03:29 PM
    Not sure if I got your question... .

    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.



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