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  • sri1309
    09-14 06:16 PM
    Following is my draft. Any and all suggestions welcome.
    I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -

    Dear Member of Congress:
    Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by
    enacting H.R. 5882, a modest, bipartisan bill that would simply �recapture� employment-based
    immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due
    to government processing delays. H.R. 5882 is a common sense measure that should be enacted
    without delay this year.
    H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim
    Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.

    What is H.R. 5882?
    By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily.
    H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card.
    In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.

    What H.R. 5882 is not?
    H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US.
    It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress.
    It does not take jobs away from US, rather helps keep the job in US.

    It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.

    All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.

    I request you to support the passage of the bill through US congress.

    Jungalee,
    Excellant draft. Please keep it up. I am taking a couple of points from here in my posters. Your "What 5882 is NOT" is also a very good compilation,
    Thanks,
    Sri.





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  • logiclife
    07-09 06:43 PM
    Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.

    That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:

    BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)

    Kindly realize that we know full well that flowers dont change laws and regulations. If that were case, Microsoft would have drowned DC with roses to get H1 quota increase.

    We are not stupid. But the flower campaign does have a purpose bigger than 485 filing. Its called media attention. Now kindly stop complaining, trust IV leadership that has run this org successfully for past 18 months, and please help us by doing your part.





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  • babu123
    03-29 02:40 PM
    My priority Date is EB2 May 2006. I will be current if the dates got moved.
    I will be out of the country for the entire month of May.
    Please let me know if it is acceptable to be out of the country during 485 approval.
    Also please let me know what I need to do at the port of entry.





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  • srikondoji
    06-29 04:45 PM
    legally and ethically and morally and whatnotally, they should accept all applications mailed on July 2nd.

    So near yet so far. If the new visa bulletin comes out on Jul3rd , I wonder what happens to the applications received on Jul 2nd :((



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  • dilbert_cal
    11-23 05:38 PM
    You want to foreclose for a matter of 20K -- I'm really surprised by your thinking process. Based on it, I would assume you had a zero down loan.

    In my opinion and this is my opinion only ( and this is only from a financial perspective only ), taking a hit on your credit report for 7 years for a 20k monetary hit doesnt make sense.

    the moral , ethical part of it -- well there are quite a few folks on either side of it and I'll let them continue arguing for/against it :-)





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  • jsb
    10-05 11:14 AM
    Hi wc_user,

    Now USCIS is on top of July 2nd and 3rd filers, especially for the applications that were transfered from NSC to TSC. You will certainly get your receipt notices with in a week.:)

    Regards,
    IK

    wc_user,

    How do you know that? I am also a July 2 filers, but no action yet !!!



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  • unseenguy
    06-15 06:49 PM
    The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?

    If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?

    Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.





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  • pat123
    10-01 12:07 PM
    cut to short the message is for myself---we are still waiting for the visa number and for mywife ---case is under review. hope to wait and see????

    If your Notice date is in Sept 2007, we need to wait for our turn. Look for the NOTICE DATE on your 485 application.



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  • rcr_bulk
    08-25 03:56 PM
    Ask them to connect you to the head/Senior executive. I did the same thing with my local cable+phone and was connected to a the head of their customer Service. That person connected me to more senior marketing person. That marketing person called me and emailed me to discuss. The company had no idea about Vonage plan and seemed unprepared to have a strategy to stop the exodus of its customers to Vonage.

    All of you can do the same. When more people do it, it will generate market demand and customer demand that money hungry capitalist companies cannot ignore. If you do not do it, then one company will have monopoly over this market.
    I agree.





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  • man-woman-and-gc
    01-13 11:53 AM
    I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.

    I have also sent a personalized hand written letter to the local Congressman. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.

    Parijat



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  • kevinkris
    11-21 03:29 PM
    But haven't got response from NSC or Ombudsman..

    TSC people are thinking smart by sending "Contact Help Desk" letter
    to everyone.. They don't even see what's in the letter and why 100's of people sending same letter. Sigh.. :mad:

    Same here.





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  • PHANI_TAVVALA
    08-25 04:25 PM
    wrong calculation 5000/2500=2. It is 2 cents perminute. Have you used C# program?:)

    Any way with vonage, one can call other friends in all other 60 counties and others part of us too..

    I did not know that Sarcasm is a unknown phenomenon in parts of Brazil....:D



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  • snathan
    08-26 01:32 AM
    I just talked to one of teleblend rep (live chat on their website, very easy to do and I can do this during lunch time from office). The guy said they are working on something but was not providing any time line or details. I told him to hurryup else I will switch. Looks like we need more teleblend customers contact them to get this done faster. Guess they are waiting to see what effect or how many customers actually switch to vonage. Teleblend must offer $20 world plan in order to stay afloat in competition. I say this as they now offers $15 unlimited us-canada Vs. vonage $25 unlimited us-canada plan so far.

    I'm also using teleblend and will call them tomorrow to ask for the deal...Currently their unlimited india plan is $35 + $15 + tax = close to $55.





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  • ilwaiting
    06-20 04:28 PM
    My company has 2 offices. I have an approved 140(software Engineer) from my current firm's branch office located in Iowa, where I would be working after getting GC. My W2 for last few years shows that I'm paying taxes for Iowa state. But my current H1B states the sponsoring employer as the local office in NY(Programmer).

    So on G325A what should I write as my current employer. Sould it be NY office or Iowa office?

    I think it has to be whats in my current H1B because GC is future job. But if anyone could confirm that would be great.



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  • drona
    07-10 12:47 PM
    News from the front line by english_august

    Siva tells me that hundreds of flowers have been delivered already. DHL made a big delivery this morning. Another delivery was made by UPS.

    They have Voice of America and CNN-IBN there recording video and taking pictures. Reuters TV might show up soon.

    Kudos to everyone who kept the faith.





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  • sundarpn
    01-20 09:47 PM
    This is an excellent point. DOS publications claim that PIMS has all the information since 2004. Please mention your approval dates too. There could be a delay pattern pertaining to the approval date.

    Anyone with H1B after 2004 has seen any delay???

    This forum has provided an incredible amount of information for ignorants like me. Please keep on updating this thread with your experiences and details. Mention your approval dates also.

    Thanks

    H1b approval notices are for 3 yrs. So most folks who are going for stamping now will have approval dates much after Jan 2005. So DOS claiming that all cases after 2004 is not correct.



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  • Nil
    03-10 08:44 PM
    BTW guys,

    Thanks for those who think the idea has merit.
    i suddenly see a red dot against my username for trying to think out of the box:
    "please dont be foolish and waste everyones time with ur insane proposal? thanks"

    It is OK - whoever wanted to go this length. FYI, 'have been a member of IV and a donor since inception. Is anyone from the core who thinks this idea is insane?

    Like-minded folks - let us work on it
    How about having a list of action items and getting an opinion from the IV core on them?





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  • MCQ
    11-12 12:18 PM
    For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
    gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
    I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
    I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
    How wrong we were.
    I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.

    The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.

    That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
    They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
    As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.

    Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
    We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.

    The things for anyone to take away from my experience are.
    1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001

    2. Document everything - to prove that you acted in Good Faith throughout the process.
    Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)

    3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.

    4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.

    Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.

    GOOD LUCK





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  • virtual55
    08-07 09:57 AM
    Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.





    lost_in_gc_land
    02-16 01:31 AM
    Hi all,
    I am planning for a trip to india and get my first visa stamping done some time in may. My visa was approved in july 2007. Does anyone think that this issue will prolong till may? Or will all these database updates for the PIMS verification checks be complete by then? Any inputs will be highly appreciated. Thanks.

    Hi Bhagyesh,
    From what I have gathered in the PIMS ruling is that cases approved after the PIMS ruling implementation will be put in the database first followed by cases that were approved prior...
    Anyone else gather this from the PIMS ruling please let me know...and correct me if I am wrong.





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