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  • GTGC
    09-19 09:03 PM
    My wife and I got involved with IV activities/volunteering about 2 months before the rally....and we are very glad we did!

    Its been a very rewarding and learning experience....after meeting with the lawmakers- it has fortified our belief in IV and renewed our enthusiasm about the process. After reading Logiclife's post I am convinced that active participation is the key to achieving success!

    We plan on continuing our efforts - turning sceptics into believers - it is especially needed in the DC/VA/MD!

    Cheers!!




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  • needhelp!
    02-12 11:35 AM
    Thanks for your hard work!

    There were some glitches in my plan last evening and I couldn't be around for as long as I anticipated.

    After the last weekend drives in NorCal, my own tally rose to 150.

    Actually anyone can spend an hour or two on this, and see how easy it is to score at least a hundred!




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  • Zil
    09-19 01:44 AM
    Yes, a plumber occupation would not qualify as a Highly Skilled occupation, it isn't on the list of in demand occupations. So - are you EB3 category? You need at least a 3 year degree for that (or if you don't have a degree, you need 3 years of experience for each year missing - so 9 years experience - depending on your unspecified "equivalent qualifications" - NVQ may or may not count, but I'm only guessing that this is what you have)

    If you've been waiting 2 years, you have roughly 4 more years to wait imo, but to be honest, based on the info i have, I have doubts whether it would be feasible. If you can't get an H1B because your job wasn't applicable, getting an EB green card will be very tough.



    I think he already cleared LC and I-140 and his case is at the stage of consular processing. Unless the consulate has the authority to question his qualification for an EB3 visa he may get his IV as soon as his PD becomes current.

    Zil




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  • risker
    07-20 04:14 PM
    Subject: Injustice :mad: for people with priority dates in '02, '03, '04 etc. who are still waiting for their labor certs to be processed using the traditional process - we want to file a case against DOL's lethargy - Let us join together and file a case against DOL and bring justice to this unjustified system.

    The manner in which the backlog reduction center have been processing the
    labor certs seems to be very unfair for people like me and others who have been affected. I know of cases with priority dates as late as 2005 that have gone through the traditional process and have been approved already. And there are cases like mine and others with much earlier priority dates that haven't been done. This is very unfair and unjustified. It is like we have been standing in the queue for several hours and a person who came much later than me just sneaked into the queue and got his service done while I am still waiting for my turn. Also the fact that now the UCIS has made the filing of I-485 current adds more insult to the injury that I and others in my position have endured.

    The fact that the I-485 was made current and then withdrawn was made a big deal and people wanted to file cases, whereas the plight of people like me who are still waiting for the labor cert to be cleared has been totally
    ignored, inspite of the fact that people who applied for labor much later
    have been approved through the traditional process.

    We want to file a case ASAP with the DOL or other relevant
    authority regarding this issue and the unfair way of the process that we
    have been subjected to. So can all those folks who have been affected by this join and voice your support? We shoud put up this fight because this is in no way justified. Why would it be?

    The next steps should be:

    - Get all of the support we need from all affected folks ASAP
    - Get in touch with a lawyer who can help us to prepare the case
    - File the case in a court against DOL
    - Make sure we get justice

    Please join and show your support. Please help!!!



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  • alias
    10-26 02:33 PM
    Hi,

    I am just wondering how USCIS can take the GC card back.
    Say for example, I have filed my I-485 and it got approved (with out any regard of whethe my pd is current or not )and a card has been issued. If I take the card for granted and started utilizing it, how am I voilating my status. Isn't this USCIS responsibility to make sure that they issue properly or not. The applicant might never know whether his PD is current or not. In this case how could USCIS can take your card back. If they can, Can't we sue them ?

    and my attorney said "If you were to pull up to a ATM and withdraw $100, but for some reason the machine spits out $1000, what do you do?". Well, you can keep the money and drive away or walk into the bank and give the 900 dollars back. But if you are caught of not returing that money latter then that would speak about your wrong intention by itself. So at that point you may be actioned based on whatever law exists. In this case however it is very clear, USCIS can revoke your green card anytime.




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  • rweworld1
    06-11 01:30 PM
    Hi,

    This is one of my friends case: Please guide him....

    "My wife's employer filed for her GC during 2007 August rush for all of us. Her case is in EB3 with Feb 2005 PD. My labor is approved and filed for I-140 about a year ago and still hasn't been approved. Now, my PD is current based on yesterday's Visa Bulletin. Can I file another I-485 for me with a pending I-485 thru my wife's employer?"

    Thanks in advance....



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  • senglory
    02-14 08:19 PM
    I arrived in the USA on 02/04. By current time I haven't been assigned to to any client's project which my bodyshop promised me. Also he have'n paid me yet even a single paycheck. I started to find another company which could do transfer my h1b. Is it real without any paycheck at all?




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  • justice4all
    07-21 09:09 PM
    Hi All,

    Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.

    Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?

    I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.

    I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.

    One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?

    So please let us start acting now: The list of next possible steps (in no particular order) are:

    - Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
    - Get the support of IV core team for this
    - If no other alternatives are available then consider filing a case. Consult an attorney for this
    - Raise more awareness about this and get allt he support we can
    - Raise some money towards this cause


    So please please provide more inputs so that we could start making some real progress. Thanks!!


    Hello Risker,
    After going through all postings, it is wise to consider the following actions in order:
    1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
    2. In the meantime, Get the details of peoples whose case are still in backlog centre.
    3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)


    P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.



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  • Totoro
    05-21 01:33 PM
    That is really great NEWS. at least, some are benefiting from the left outs. How did that happen so quickly. What are the hurdles in getting it for legal immigrants (for example, H4 dependents)?

    It happened because of relentless canvasing of the media until the story got out and embarrassed the government. "Supporting the troops" is a no-brainer for a politician wanting to score political points. Most Americans could care less about immigrants or other citizens who are married to them. So there is no political urgency to solve that "problem." Although the media has reported that the exclusion of legal immigrants was "unintended," my sources say that the exclusion was intentional.

    I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.

    The next phase is to focus on legal options.




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  • karanp25
    06-30 05:05 PM
    Did you apply in EB-1? If not, then .....


    I don't want to scare you, but this could be pose problems for you down the line. Check Murthy bulletin....Murthy explicitly asked USCIS to revoke this earlier decision of GC approval for a client whose PD was not current....a case very similar to yours...as they anticipated lots of issues down the line. The topic of the bulletin if i remember correctly is "when GC approval is not good news" or something.

    This was a USCIS error and there's a high probability will be cought sooner or later, at which point USCIS will revoke their earlier decision.



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  • desi3933
    02-25 01:59 PM
    desi3933,
    I completely agree what you said and what is interpreted in the law.
    BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.

    ......

    Read this pdf
    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
    that will answer your question.

    ______________________
    Not a legal advice
    US citizen of Indian origin




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  • storm
    07-09 02:11 PM
    Lawyers can't be trusted in immgration area ... I wrote in the other post too.

    Could you ask him for a PROOF and that the package actually reached there and USCIS actually rejected it without opening ??

    3. Other Issues like July 2nd Filing/ October Visa Bulletin, Etc.

    Cases Filed on July 2, 2007 - No USCIS Receipts So Far for

    Q. Have you gotten any receipts or rejections for cases filed before the Revised Visa Bulletin announcement was made?

    A. So far, the USCIS has not yet issued either receipt notices nor have rejections arrived on any July 1st or 2nd, 2007 cases filed at USCIS to the best of our knowledge.

    SOURCE: MurthyDotCom



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  • grupak
    06-27 10:30 AM
    Call




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  • karanp25
    06-30 08:41 PM
    USCIS has absolutely no info about labor till the employer files a I-140 with a certified copy of LC. I would seriously doubt if that's the case, unless your old employer filed the I-140 using the 2004 labor and the I-140 was approved.

    For your own good, you should get things corrected....the short term excitement may lead to more trouble later...just my 2 cents.

    No its I-485 I just cut and pasted the two emails I received, first at 10am then the second at 3 pm check online and the system had same messages. If its true I am having a party wow man thanks I did come to US in 1997. I do have a labor which was approved under RIR PD date 2004 but the employer refused to file I-140. Then again filed PERM in 2007 under EB2 and filed I-140/I-485 based on this PERM



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  • nousername
    06-30 12:59 PM
    FYI..
    I received my second AP renewal within 30 days of filing. It was paper based filing. In the process I lost 2 1/2 months of my previous AP approval, which was valid till August '09.
    Seems like they are processing AP very quickly.




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  • gk_2000
    03-28 05:55 PM
    Was hoping people could take this post in a lighter vein, apparently not:)
    If it helps any...("nahi bola tho suntha nahin?")
    YouTube - Hyderabadi Mushaira comedy (http://www.youtube.com/watch?v=7qEoCinCkK0&feature=player_embedded#at=272)

    Sense of humor? You out of your mind? Here people lack in sense, then where will sense of humor come from?



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  • gsc999
    07-17 08:11 PM
    Please understand that your older PD is much more important because u would get ur gc that much earlier compared to 2005-07 people. Just because ppl are able to file 485 does not mean that they are going to take a number out of the quota for that year. The numbers are only taken during approval and hence they would all still be stuck in the same queue and you would have gotten an oppurtunity to file and possible get your GC too...take a deep breath, relax and think about this with a cool mind. I definitely do feel bad for you. My labor was stuck in BEC too and i left my company and joined a new one and restarted all over again. Been on H1 for seven years without ever getting any chance to file 485 until now...
    -
    Exactly!

    Only if people stop complaining when they see how they don't loose out even if others can "apply" for I-485.

    I guess, there is lot of frustration and anger which maybe clouding judgement.




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  • franklin
    09-07 02:19 AM
    Got IV tshirt?
    Check!
    Got plane ticket?
    Check!
    Got hotel?
    Check!
    Got motivation?
    Check!
    Got the will to make a change?
    Check!

    Got greencard?
    ...




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  • pmmo
    07-02 02:45 PM
    I could not believe it either. My PD is August 2003 and EB3 from India. I have read many stories where people seem to have got GC when their PD is not current. In some cases, it appears they keep quiet about, but in some cases people seem to have corrected the situation to avoid any future complication, for example, if one decides to become U.S.Citizen at any point. It is just frustrating to think that I probably need to spend a lot of money on an attorney and go through the mental stress in resolving this because of probably an error some foolish clerk at USCIS made.




    fromnaija
    09-04 04:32 PM
    I would love to attend the rally. However my financial condition at this time does not permit me. I could have booked a ticket on my credit card but all my cards are max out!
    You want to know why I am in this financial deep hole? Well, I have two sons in college and paying out of state tuition, that is over $17,000 per semester for both of them.
    My wife on H4 could not work until now that she has an EAD. It is retrogression that I should blame and I would love to do all in my power to obtain relief or bring the issue to the attention of the American public.
    In my own way I have contributed to IV both in cash and in kind. I have told me story in countless media interviews. I only wish I could do more for IV financially but alas I am not able to do that at this time.
    I would be in the rally in spirit....only I wish I could attend in person.

    Please share what's on your mind! What is preventing you from wanting to attend? What will it take to change your mind? A lot of us are willing to work with you, donate money, transportation, housing, etc to get you to attend! Let us know and we will help make your trip easy, painless and even free. We just would love to have you! Please post on this thread or PM, we will make it work for you!!!




    aquarianf
    07-27 12:22 PM
    Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.

    But we will need enough support to gather a critical mass and start things rolling in the right track.

    So can we have a online form where everyone affected can sign in? How do we do that?


    Did you talk to IV core about this issue? What is there position on this issue? Have they raised this issued when they lobby/meet conngressman/congresswomwn/senators regarding other agendas. If not may be you can your help to raise this issue when they meet with lawmakers.



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