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Tuesday, June 21, 2011

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  • Jbpvisa
    07-12 11:02 PM
    We Expect Honesty and Consistency by the Agency Created to Provide �Service�

    We expect integrity, consistency, and transparency in our government and our immigration system. This is more so particularly for the USCIS that was created to provide �service� and serve its fee paying clients/ customers. The separation of enforcement, border protection, and other functions from service and benefits that occurred in 2003 requires the USCIS as an agency within DHS to focus primarily in providing quality �service� and benefits to its clients, as its name suggests. Unfortunately, on July 2, 2007, and the days preceding and until today, the USCIS miserably failed those whom it was created to serve.

    There are allegations of improprieties in the usage of visa numbers for cases that have not yet been approved, contrary to regulation. This allegedly artificially increased the usage of the numbers, allowing the USCIS to use them at a rate that is many times its normal monthly usage. The USCIS claims to have approved an unprecedented number of cases and requested all the remaining (approximately 60,000) visa numbers for the fiscal year within a span of just over two weeks. The net result of this, in addition to the damage already caused, will be litigation against the USCIS. This is costly and resource intensive. We are asking you to step in, and right this wrong. In so doing, you would take a significant step toward restoring the integrity of the system that is in place. People must be able to rely upon the system. In this case, they made decisions, and expended significant time and money, based upon the July Visa Bulletin. They did so because Visa Bulletins have always been reliable and have worked in a systematic, unwavering manner, in terms of governing which cases can be filed in a particular month. This must be restored.

    U.S. is the Beacon of Hope � Our Government Cannot Exhibit Greed and Inconsistency in its Policies

    We are a nation of immigrants. Immigrants come to this great nation in search of freedom and opportunities. I am eternally grateful for the incredible opportunities afforded me in the great nation to maximize my potential, build my law firm and lawfully, honestly and diligently serve those who wish to immigrate here lawfully. This is what sets the U.S. apart from other countries and governments rampant with corruption, greed, mismanagement, and other negative influences. The actions of the USCIS in connection with the events of July 2, 2007, have made many feel cheated, betrayed and disappointed in our government. How can the U.S. do this when we portray ourselves as the beacon of hope and the symbol of integrity and transparency for the rest of the world?

    Request is that You Step in to �Right this Wrong�

    Based on the above, we respectfully request you to undertake the following to attempt to redress the irreparable injury / harm caused to so many, including the reputation and reliability of our own government:

    - Issue a directive to USCIS that this issue be promptly resolved. The USCIS must accept the I-485 filings that it was supposed to accept not just in July 2007, but for a sufficient time thereafter to allow for the proper preparation of those filings, including the need for medical examinations and accommodation for travel plans. This means that the USCIS must accept I-485 filings at the earlier fee and grant a minimum of an additional 46 days (time that would have been allowed from the date of the issuance of the Visa Bulletin on June 12, 2007 until July 31, 2007, the date until when the I-485s could have been filed but for the actions of the USCIS).

    - Investigate the irregularities in the use of visa numbers as explained above. We would ask for you to launch an investigation into the usage of visa numbers for cases that were not approved, and to restore those numbers and make them available during FY 2007.

    - Investigate the expenditures in terms of overtime, contractors and other efforts that were allegedly engaged in as part of the effort to deplete the allocation of visa numbers for FY 2007 before July 2007.

    - Take all necessary measures to avoid any possibility that a similar event could occur in the future.

    We expect you to step in to attempt to �right the wrong�. I believe that you will do the right thing for American employers and hard working immigrants who play by the rules not to lose faith in the integrity of our legal system and in our government. We appeal to you to do the right thing legally, morally, ethically and in good conscience. Our people need to gain back some of the trust in our government, our legal system, and in our country.

    Thank you for your time and anticipated favorable consideration in this matter. Please do not hesitate to contact me if you have any questions.

    Yours truly,


    Sheela Murthy
    President and Founder
    Murthy Law Firm


    Cc: Emilio T. Gonzalez, Esq.





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  • alterego
    07-15 10:30 AM
    Ramba,

    "and the alien must have intended to undertake the employment, upon adjustment"

    That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
    This answer was speaking to that point.

    A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
    With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.

    Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.





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  • rock
    06-23 10:25 AM
    For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
    Yes, you can continue to file and use AD and AP while dates retrogressed. Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
    Any help would be highly appreciated.





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  • greencard_fever
    07-20 11:14 PM
    I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.

    There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.

    They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.

    Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.

    Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.

    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:



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  • immig4me
    02-11 08:57 AM
    /\/\/\/\/\/\





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  • a_yaja
    12-28 03:05 PM
    You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

    Are you sure they wont let you open an account even if the kid is american citizen by birth?

    Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.



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  • pappu
    02-02 02:56 PM
    Donation should be on the way today.

    Thank you





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  • DDD
    03-14 07:03 PM
    well someone issue the challenge. We can pick up where the BB contest was at. Basically a boxing robot or something like that. Not sure if we want to do realism and all that tho. I can pretty much only do it on weekends so a 4-6 week time frame sounds good.



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  • makemygc
    07-05 12:29 PM
    I just contributed my first $100.00. Go IV!
    Thanks map_boiler.

    Today, two of my firends who were stuck in BEC joined IV and contributed. At last I was able to convince them that IV is for all who are suffering due to immigration.





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  • Jaime
    09-12 01:24 AM
    You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!



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  • GreenSeaTurtle
    09-19 12:05 PM
    I have to thank the organizers for making this happen it takes a lot of work. I joined late but felt very happy to be a part of it. This is just the beginning.

    Some observations
    -------------------
    Our numbers should have be in 100 thousands not 1000s. I felt bad that more people did not show up. Everytime we all met each other we never fail to talk about the GC process and where we are and how frustrating the whole process is? If this affects us so much why not do something about it when you have an opportunity...Do you want to suffer in silence or break free?

    Immigration voice should be popularized more. People know of Murthy.com etc. but I think not many people are aware of this site so we have to popularize it more by telling friends, family etc.

    The rally could have done with more publicity to attract people especially i don't see why people in the Tri-State area who are so close did not show up in large numbers. Hats off to folks from California, NY and orther places who travelled especially for this event.

    The next time there is any rally I will personally motivate and bring people this is the least I can do.





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  • addsf345
    12-10 03:31 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.

    I can't help but think about this story after reading your post.

    A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)



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  • delax
    07-13 10:22 AM
    Permit me to call out the grossly misguided emotions I've seen in this thread.

    We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.

    Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?

    This shallowness illustrates the deep void in vision and a decidedly insular world view.

    I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.

    And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.

    However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.

    Cheers!

    Cant agree more - Well said.





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  • newbee7
    07-09 04:32 PM
    You chose to ignore this from your post
    when we were certain the process will be completed very shortly

    certain = 100%

    You are reading what you want to read.


    __________________
    Not a legal advice.
    Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."



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  • met3259
    08-20 11:35 AM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?

    My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.





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  • vin13
    02-11 06:48 PM
    There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.

    Who are you questioning???

    I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.

    We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.



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  • chanduv23
    09-27 10:12 AM
    A common card that can be used for different countries - gives excellent mobility - improves standards - induces competition - this concept looks good and promising.

    Please share some more info if available. Lest discuss pros and cons





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  • virtual55
    07-03 09:11 AM
    with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.

    Anti immigrants will not know our plans if we may this a paid website.





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  • sameer2730
    03-12 10:41 AM
    To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.

    Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..

    This will achieve the following:
    (1) Assured, stable fund collection for IV activities
    (2) Only genuine IV supporters will sign up.
    (3) To some extent, may be, will keep antis away (this is not assured, but may happen)

    ...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...

    $25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.





    fatboysam
    12-25 10:20 AM
    I will like to know if a person on L2 visa with EAD can open new company in US ?





    gcformeornot
    02-03 09:02 PM
    Guru's please check if this employment letter is enough for the above mentioned RFE....


    Dear Sir/Madam

    Re: Employment of Mr. John Doe


    This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.

    Mr. Doe�s compensation package includes medical, dental benefits, sick leave and paid holidays.

    Please do not hesitate to contact us if you have any questions.

    Sincerely yours,
    adding these additional things salary offered in LC is met....... this will not work. Per my attorney salary offered in LC needs to be without any such things.......



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