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  • reddog
    09-15 10:45 AM
    This is the Indian mentality at work. My EB3 bro whose employer(company policy) did not allow him to file under EB2 even though he had over 7 years of experience and was making 70 bucks an hour when he filed, is not better than his EB2 bro just cos he is EB3.

    That is it. Nail on the head. No, thats not all, look at the support, and these are Indian folks. I live in a small city with 150 Indian families (most of them doctors and other occupations) who have migrated to the US atleast 25 years back.

    These people are just happy that we are here, that they now have a 150 family Indian community that they can call their own.

    And here we are, all the skilled Eb2 guys, who are superior to the EB3 guys not wanting their EB3 non-immigrant men to ever get their Green Cards.

    It is funny that rather than trying to correct the system, fight the inefficiences and amend the laws, someone is tryin to channelize their energies to fight against their own group. And more surprising is that there are a lot of supporters.

    IV, your days are numbered.




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  • bigboy007
    05-15 12:21 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.



    I guess you are now happier than before. You are close to getting your issue resolved.

    No one knows why people who are eligible for AC21 portability are going through this.

    When I discussed this issue at my congresswoman's immigration specialist, he asked me why do you think USCIS is doing this? So - basically no one knows.

    Many people have said that this is a training issue. maybe it is. We don't know




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  • sri1309
    05-06 10:15 PM
    Guys,
    I was very busy till today.
    I'll call all the #s tomorrow and let them know how important is the CIR for legal immigration, and how I am not able to buy a house, or start a company, as I have no greencard inspite of waiting for 8-10 years. Not to forget I am from India and it is severely backlogged. Also we have jobs, so we're not taking away anything.

    I have to be very brief. So please let me know if I'm missing any impo point.




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  • chisinau
    10-05 01:13 AM
    Maybe I am wrong , but I cannot see it on Thomas, among those which passed along with HR 1585. Check it out, and share your opinion.



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  • Libra
    09-11 04:46 PM
    rajan1976, ram_c, sriswam, new_gc_guy and pshah177 thank you guys for your contributions.




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  • alterego
    10-01 09:51 PM
    I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.

    However, if the wastage is more than few hundreds it is definitly not acceptable.

    Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
    We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
    If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).



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  • GC_Applicant
    07-17 11:02 PM
    I am in Orange County. Count Me in.




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  • pbp
    05-24 10:36 AM
    In suport of the view they are totally chaotic: RIR here, priority date is in April 2002, 45-day letter was received & replied to in February 2005 (15+ months ago), heard nothing from them since then. Lawyer started process for 7th year extension.



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  • chanduv23
    09-12 01:56 PM
    These are all good thoughts but what u are suggesting takes some time.
    The issue has two legs:
    Leg 1: Process fix
    Leg 2: Increasing number of greencards

    What I am talking about is leg 1 and what you are talking about is for leg 2
    and both are required.

    Even for leg 1 - unless it is organized, nothing is going to be effective. What you suggest is an immediate action going back and forth based on frustration due to recent happenings - and I say it maybe good but not the most effective.




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  • continuedProgress
    12-28 10:40 AM
    Canceled flight tix and continuing wait for AP filed on 8/2. (receipted on 8/24, if that matters)

    shi120,
    In case you have not seen it, I have sent you a PM.


    Thanks



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  • for_gc
    10-01 04:22 PM
    This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.

    USCIS cannot change the law.

    This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.

    No, thats not the intent of the law which is to restrict immigration in a given category in a given year.




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  • ramus
    09-09 10:50 AM
    k3GC
    Member Join Date: Aug 2006
    Posts: 25




    --------------------------------------------------------------------------------

    Contributed $100.00, a small contribution from my side.



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  • iam_1900
    09-11 11:50 AM
    Google Order #366480709457688

    Good luck with the rally




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  • jonty_11
    07-06 12:29 PM
    Have all those visas made available been used up so far by USCIS? I doubt it.
    They are not coming clean on this...first they said they used up 60K visas, now they are saying they worked over wkend to use 25K VISAS...

    Its a big scandal....Just to prevent us from filing...



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  • Prasad_FL
    09-09 06:36 PM
    I have sent $100 thru paypal today. I had contributed $100 for the rally in August also.

    Pals, Please make our event successful with your generous contributions. IV is taking care of all other pains. At least we can do our part by contributions.




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  • cpolisetti
    07-21 11:59 AM
    I believe this is amendment to reconcillation bill between the house and sentate bill.

    Sorry, I'm still confused, but it is entirely possible its my misunderstanding of American Senate and House of Representatives proceedings. How does a Senator add an amendment to a House of Representative bill?

    Are we talking about 240,000 greencards to recapture or 2,400,000?

    By the way - just because you make the letters huge and bold, it doesn't make it easier to comprehend.



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  • newbee7
    07-05 11:16 PM
    "not entirely completed" = INCOMPLETE

    They clearly broke the law...this is the first time we see the officials at ucsics confirming this and the weekend work. Perhaps, they figured out they need to admit it before they are forced to do so.




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  • saimrathi
    07-05 11:22 PM
    Please digg

    http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled




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  • gctest
    09-13 04:46 PM
    Dost.. tum to bade hi budhu ho.... dawa karao apne dimag ki.... ya ho sakta hai ki tum EB3 ho.

    Needless to say.. u are not very intelligent.

    I will see how you react when the entire 12 million illegals get chance to file in EB3 and your Eb3 bulletin dates goes to 1968.




    I guess you are from NumbersUSA trying to create diffs between EB2 and EB3. Nice try, its not going to work.
    If you are not then you need a vacation.




    Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).




    swede
    04-07 09:30 AM
    Wow. That must be a record...:eek: Maybe you should call Guiness World records, and claim the title "slowest Green Card process in history". ;)

    My PD Oct 2001. 45 letter received October 2005. No news at Apr.5 2006:o



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