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  • Aah_GC
    12-11 12:01 PM
    I 200% agree with you. It does hurt that we are home and yet are treated as aliens. Green card is a symbol of where we belong - and it would nice for Congress and USCIS to understand that we are contributing members of American society who will benefit from becoming an integral part of it. Green card should be given from a test of allegiance not from backlogging.

    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!

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  • wait4ever
    09-26 10:16 AM
    Enough Said - correction required.

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  • conundrum
    10-31 05:59 PM
    Received letter from USCIS regarding the FOIA.


    The request has been placed in the complex track!

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  • dhirajs98
    06-11 02:16 PM
    Sent an email out and forwarded it to 4 friends.


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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.


    This argument is not new. I had started a thread a while back
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.

    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.



    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..

    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,


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  • bheemi
    07-02 07:03 AM
    i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.


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  • gjoe
    12-10 11:11 PM
    even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D

    USA is trying to build a time machine to go back 10-15 yrs and so they can fix the economy. Let us desi and our chinese brothers wait until the time machine is ready. We can then copy it and produce it in china and setup techical support center in India for these time machines. While doing so we will still wait in this GC queue while expecting our people back in our place to use the time machine because if we get on it we will be back in the place were we came from :D
    Instead you can just buy a ticket and board a plane to our place. And you can still monitor the visa bulletin every month and also do prediction in this forum :cool:

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  • zuhail
    04-04 12:48 PM
    I would like to clarify that this thread is not about discussing IV donations.
    Initially I proposed a special fund raising for Recapturing Visa Numbers to pay for the lobbying efforts and all expenses that would incurred by the IV team.

    For people who question why money is needed to do these activities, I recommend doing a google search to understand how bills get formulated and passed, on how lobbying works etc. Or they could open a special thread to discuss these things.

    Can you imagine how this organization could be run, how the IV team could meet with the lawmakers and USCIS authorities etc. Everybody have their family and work commitments/schedules. Sacrificing your personal time to do something that would benefit an entire community is an exemplary and commendable deed. It is always easy to ask questions or type in few comments from the comfort of one's home. Pursuing a common goal and acting upon it with dedication and sincerity is something else.

    Simply put, by making donations we are helping the IV team to achieve our goals in the arena of legal immigration reform. It may not be the most efficient organization in the world, but it has been effective and I have personally benefited by IV's effort since July 2007 and have made regular donations to the IV fund. Of course there would be people like Snathan who would want to kill ideas and proposals. These are to be simply ignored, as we already deal with lot of shit in our lives.

    Saralayar, to help generate statistics I have updated my profile with the important dates now. I will update them with more info later on. Thanks.

    This thread is to discuss efforts to achieve the goal of recapturing visa numbers for EB categories. Any new ideas, proposals, recommendations for the IV team are welcome. It also includes fund raising and ways to pay for this effort.
    The least we could do is to make donations to help achieve the goal.
    If you can contribute some ideas, some money etc, wonderful, great!. Otherwise please don't say anything negative that is of no use to anybody.


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  • singhsa3
    03-04 08:32 AM
    Nope you got it wrong!

    The message is simple, you got the people with right stuff, standing in the line, waiting for their green cards. Their wait is neither good for them nor good for anyone else.

    By the way, nobody is claiming that we all will buy the house, we just are saying that we have the potential. And we want a platform to realize this potential. This is the fact no one can deny.

    Every point you are raising , I have answers for that, what will it take me to convince you now?

    Exactly. An idea is like a spark, but you have to be mindful of what we are pledging. Can someone in one single sentence write down the intent of this poll? If I understand correctly, the idea is to alert the media/USCIS and let them know that hey if you give us GCs, we will buy a house!

    So far people have only voted that they will buy a house when their I-485 gets approved. Yes, but when? The next day, next year, 2010, 2015?

    singhsa3/abhijitp/etc. Just write down the idea in one sentence or at least very clearly what it is that we are saying we will do in return for a GC and by when will we deliver on our promise. And then if the idea seems doable or worth pursuing, all of us can support it.

    In all reality, this is a far-fetched idea which cannot be legally binding so it would be tough for USCIS to enforce it. Flower campaign worked because USCIS knew they had done something illegal. IV has a tough time getting people here to contribute in return for getting a GC and here we are promising USCIS that we will buy a house in return for a GC. Hmmm...

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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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  • abd
    09-23 12:20 PM
    Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.

    Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?

    We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

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  • walking_dude
    10-29 10:22 PM
    I'm surprised only 70 members are interested in accurate prediction of future VB movements, and orderly processing of 485 applications instead of the current random lottery!

    It would help lot of us make informed decisions if we were to know how many are in the queue and how long we have to wait.We can spend much of the wasted Tracking, VB prediction time with our families. Don't you think it's important? And that your time is too precious to be wasted over such pursuits?


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  • logiclife
    04-20 02:22 PM
    I will be coming with my other friend. We are commuting from Tracy / Stockton area. Anybody bringing the banners / hand signs to support STRIVE ACT?

    Maybe no banners or signs because this is a town-hall style meeting and not a rally. I'll let you know if its ok to do that.

    But surely, it would be good if you bring a sign/banner saying "" which would help us get more coverage is its caught by the media.

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  • kaella
    07-13 10:03 AM
    I think it was referenced some where else in this thread , anyways here you go .pdf

    Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
    number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
    for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
    under the 1st, the eighth through the fourteenth under the 8th, etc.)

    Source please... or are you just kidding ?


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  • abcdefgh
    01-18 12:27 PM

    This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.

    Just opinions.


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  • leoindiano
    02-19 09:33 AM
    This bill has no hope to pass as long as it has that free pass for ANYBODY > 5 years.
    Its amnesty when it comes to voting. Who will vote in this tough economy for amnesty....


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  • grinch
    03-07 07:43 PM
    Aw darn!

    It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?

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  • missourian
    07-16 05:19 PM
    Why they are misrepresenting senators, we are not paying TAX!! ?, is that possible for IV to take action about it by counter emailing?.

    Original Poster, Even in IV we have webfaxes, I used to send around 100 faxes to all the senators for all 50 states, so IV has that facility, Kuddos to you by lending a helping hand on programming part if required.

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  • dtekkedil
    07-16 06:18 PM
    Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
    1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
    2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
    Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
    3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.

    Any other thoughts?..

    The only way to counter this is to fax the senators and reps stating the "real" facts!

    12-20 08:50 PM
    Phew! I didn't know that I was out of status for an year. As I dig deep, I came to know how much trouble I am in now. If hope and pray that I wouldn't receive any RFE at the time when IO review my application. I didn't had any problem till now.

    06-08 06:08 PM
    Welcome to the club, China! :D
    What is the status of unused Eb1 /Eb2 visas of ROW?
    Will it spill over or be wasted?