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  • apahilaj
    08-08 03:40 PM
    I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.

    Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)

    Anyways, good luck to all of us here - waiting game never ends!




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  • morchu
    05-04 09:54 PM
    See the post of "vbkris77".

    The specific regulation is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======



    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.




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  • gsc999
    07-07 12:21 AM
    I am impressed with the Chinese!

    Ask the Chinese (and everyone else) to stay tuned (and join) your meet whenever it takes place!

    BTW, thanks for getting rid of msyedy! What a relief without the spectre of msyedy!
    ---
    - Macaca, yes, I will do that.
    - I am thinking about approaching Phillipino organization for their help to gather more attendees. If any Philipino member is reading this or a Registered Nurse, please provide me with a contact in Bay area. Chinese, Philipino and Indians are the most impacted nationalities.
    - Last time in San Jose, during Guttirez meeting, I met a family from South Africa. Please stay tuned if you are reading this.
    - I know we have members from Britain
    - It would be great if we can showcase a multicultural group
    - Please call out if you feel left out and have contacts in Bay area.
    - During the march which is tentative for 14th July, I will have some T-shirts with Immigration voice print. I would like to auction them to provide funding to IV. ( Pappu, please let me know if this is a good idea? If yes, let me have a design print in case you have one handy, otherwise I will go for plain and simple)


    ps: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?




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  • english_august
    07-09 01:01 PM
    I ve sent the pdf to my local newspapers. She is interested in doing the story.
    Pls call & talk to her : kcollins@newsobserver.com

    Feel free to call/talk to her.



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  • ramus
    07-07 09:27 PM
    I am sure we will get more member in DC. We can take a poll and see how many wants to join in DC. IF poll turns out to be large then we can plan.



    We will only come to this forum. We are 100 guys ready in DC.




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  • nixstor
    06-22 01:45 PM
    I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
    If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.



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  • willwin
    07-28 10:54 AM
    This thread was opened for working on Action Item. EB2-I community is giving all stupid reasons to divert us from our Action Item. Please stay focused and lets work on Action Items.

    We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.

    Thanks.

    Send flowers to DOS/USCIS thanking them for holding us at 2001 and thank them in advance for having decided to hold us at 2001 in 2009.

    May be guys in 2001 and 2002 can send them something bigger/better - send them tree saplings.May be you guys will get your GC when those trees yield.




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  • desi3933
    07-08 04:43 PM
    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US.

    Wow! Amazing!

    Please ask your attorney to quote this law when you file for H-1B extension, so that USCIS can not reject extension.

    This law applies to US resident only. Temp worker (yes, on H1/L1 status, one is Temp Worker from legal point of view) can not claim protection citing this law. Reason: your employment is subject to USCIS regulations. It says right there on your SSN.

    .



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  • mygc2006
    08-20 01:19 PM
    Priority Date - Aug 2002
    EAD Renewal Mailed - Aug 5, 2008
    Received by USCIS - Aug 9,2008
    Last LUD - Aug 19, 2008




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  • unitednations
    08-25 03:39 AM
    I am not sure what the writer is trying to say.



    In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.



    Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.




    What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.

    H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.


    these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.

    Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?



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  • ThinkTwice
    07-19 07:00 PM
    UDAMAN!

    count me in also ....




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  • gc_aspirant_prasad
    07-07 09:31 PM
    We will only come to this forum. We are 100 guys ready in DC.
    IF something is planned, we can come to DC from Raleigh,NC.



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  • brb2
    10-18 10:27 AM
    I fully agree with your analysis:)

    Even if the republicans loose heavily but retain control of congress, they will be mortally wounded and so things will be hard to predict. The stock market has betted that control of both houses will remain with GOP.

    That's why I said before;some people are pretty sure that if democrats win, we will be alright. In my view it may turn out to be the opposite. Democrats favor illegal immigration. I think they are less inclined to pass our SKULL bill alone. I strongly believe that that democrats would rather attach our bill to the CIR/illegal alien amnesty bill, which still will be controversial to pass. Even if Sen. Specter and his team manage to flood America with illegal aliens, then we may take a hit from the collateral effects caused by millions of applications at USCIS.

    If Republicans win, we are problably in a better shape.




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  • herndon
    11-17 08:35 PM
    Done



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  • diptam
    06-27 09:54 AM
    Here you go - These are the wordings !

    $$$$
    1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
    $$$$$

    Also there are more sensitive clauses like >>>>

    8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.

    BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
    a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
    b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
    c) AGREES WITH EVERYTHING IN IT;
    d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
    3
    e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
    FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
    IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.

    I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.

    All depends on the wordings of the contract.

    Please consult a good lawyer BEFORE signing any contract.

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

    desi3933 at gmail.com




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  • SunnySurya
    08-18 03:04 PM
    People all Jokes apart!
    We got a real problem on hand....
    Shall we proceed at all or not???. I am more than willing to handover the reign to anyone who wants to take this to fruition....



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  • mygc2006
    08-25 02:43 PM
    PD Aug 2004, EB-2 India
    I-140/I-485 applied - August 2007 at TSC (non-concurrent)
    I-140 approval - March 2008
    Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
    Self EAD applied - August 2008 (received receipt notices)

    Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.

    I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
    Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...




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  • belmontboy
    09-27 04:42 PM
    CO's words have been mostly pessimistic..and upsetting so far...

    It's the reality.




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  • yetanotherguyinline
    07-10 06:00 PM
    --
    Yes, we will finalize by tonight the text for the flyers for posting in the grocery stores. We need volunteers for putting out these flyers. If you want to help please PM me your contact details. There is a conference call t'night at 7:30 p.m. for allocation of duties.

    I already have four volunteers need more.

    I am in the bay area and can help organize this. I have sent an request to add myself on the yahoo group.




    paragpujara
    08-11 09:26 PM
    We got our Cards today along with Welcome notice.



    Yesterday status got updated for me and my wife as below:

    Current Status: Approval notice sent.

    On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Hope I will receive GC soon. Haven't got CPO mails/status yet.




    test101
    08-13 02:25 PM
    EB3 nepa

    I do doubt it. The USCIS is still under the threat of being sued. i do no think they want to do that. however i wonder about the reason of slow processing!



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