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  • obviously
    11-06 10:00 PM
    Dear Friends,

    It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.

    Here are some ways to frame 'thought provoking' discussions regarding retrogression:

    Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!

    - In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
    - In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
    - In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.

    - In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
    - From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
    - Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
    - Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
    - Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.

    Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.

    I would urge everyone to send a personal email/ message.

    1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
    2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
    3. Take each of the above points and customize it to fit your needs
    4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
    5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
    6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
    7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.

    Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.

    There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.

    Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.

    It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)


    P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.

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  • gsc999
    07-11 05:35 PM

    Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

    Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

    Enough said from me on this issue.


    Your time and effort is much appreciated.

    Thanks for removing trash talk from this forum.

    Om Shanti, Shanti, Shantih

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  • trojan
    05-02 03:23 PM
    There are several things that can save you a bit!
    You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
    So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
    You can also take loan on your existing car for close to 5%.

    I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.

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  • BeCoolGuy
    04-16 09:46 AM
    EAD/AP is personal choice. Employer can only govern what he has under his control - which is LC and I-140. He cannot chose to not allow EAD or AP, and you are not obliged to inform him. Good employers sponsor everything and the rest dont. But legally (i am not a lawyer though), they cannot do anything with you if you apply for EAD and keep it as a backup. Yes, if you chose to use your EAD to do extra work in addition to your employer's it may come against company policy. But if you intend to just keep it as a backup, there is nothing wrong..

    Go to USCIS efile website and file it on your own (EAD and AP).



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  • GCOP
    03-30 02:36 PM
    Sorry to learn your situation and wish you good Luck to pass the exam, next time when you will the chance of re-entry. Hopefully you will get that chance very soon. Also thanks for sharing your story. Once again, Good Luck to you.

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  • chanduv23
    07-17 10:39 AM
    Thank you Ganguteli and Elaine for your responses.

    It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.

    Thank you once again for your replies.

    Congrats - there was no need to go through this. Unfortunately the system has been this way and in some way or the other most of us get into these situations.


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  • peer123
    07-18 07:25 PM
    Hi Friends,
    I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
    The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
    Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
    Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
    My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..

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  • indianindian2006
    07-26 11:54 AM
    My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

    The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

    My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

    I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
    What is the total number of employes your company.


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  • kanshul
    05-07 07:03 PM
    I agree..

    Having one document is (almost) as good as a conditional GC...

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  • Michael chertoff
    11-21 11:01 AM
    In EAD Renewel
    Q. 14 : Manner of last entry(hib, student etc.)

    If i used my AP to enter US, then what should be the answer. i have H1B status.


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  • casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.

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  • newbie2020
    06-12 07:11 AM
    Now as mentioned by multiple people some things are not clear

    Here is my situation:
    a. H1 Expires Dec 31 2008
    b. Perm applied 02/2008 and approved 04/2008
    c. I-140 applied and pending since May 2008

    As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.

    Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??

    given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.

    Any thoughts...


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    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D

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  • jonty_11
    07-23 04:45 PM
    It mentions that in any of the incorrect filing, cases will be rejected...

    does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
    any rejection is subject to PD becoming current again


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  • EkAurAaya
    10-19 10:50 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.

    With the A# they can pull up your record (which should in theory include all your applications)...

    Will they give you your 140 status?
    Answer: You will find out when you call 'em up :)

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  • sam_hoosier
    02-06 04:22 PM
    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country..He is working for company B...

    You can continue using your old H1B visa (from company A), with an I-797 from company B as long as the H1B visa is valid. Same applies for H4 visa.

    But both H1 & H4 visa holders would need new approvals (I-797s).


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  • kasanski33
    02-23 08:44 PM
    I will be there

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  • pathmaker
    09-22 08:56 AM
    Anybody has information to offer for such a case ?

    write the following on the envlope using marker

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

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  • wonderlust
    08-08 05:27 PM
    This is correct. I went to USPS a couple days ago. If I fill out the inquiry form and send it in to USPS headquater, they will track it. If it is cashed, they'll let me know who cashed it. If it is not cashed 60 days from when you first bought the money order, USPS will refund the money to me.

    The problem for us is: given the chaos and delay in the immigration process, we cannot be sure the USCIS cashes the check within 60 days of receiving it. If we file inquiry for the Money Order with USPS, we risk canceling the MO before USCIS can cash it. Then our case is screwed...

    I hate USPS... They should have offered the option to seperat simple inquiry and request of refund... I cannot believe this sh&*&*!:mad:

    Good luck to us anyway. Next time, use your personal check or MO from your bank...

    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.

    May 23rd, 2005, 10:55 PM
    since this i believe is just a test shot i think most of what j said is spot on probably easier to just use a fill flash the 550 digital flash by cannon works great for that outside when you have shadows. in the future i would try composing with your subject off center some or filling the frame more to instead of hide her facial imperfections bring them out in high detail older people are far more interesting when you can see the wrinkles and imperfections of course these are all just my oppinions

    02-11 08:13 PM
    Well another Gandihigiri should be done after witnessing the visa bulletin, along with the the reunion of March 1st, lets send flowers along with a pamplet saying " I want to BUY A HOUSE IN AMERICA"

    PAPU waht do you think? Before the meeting in DC, we should send the flowers along with brochures, can someone in IV take that responsibility, we can pitch in the money. We have to shout our are pain louder as we are dealing with politicians who are suffering from hard to listening medical problem. Please advise.

    ( Not the pink chadi's)

    Good luck

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