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  • raydhan
    05-24 02:42 PM
    Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.

    I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.

    I had two conditions that the reporter agreed to:
    1) He would not use my employer's name, and
    2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.

    He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.

    Let me know if I can be of further help.

    Good luck,

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  • rockstart
    01-08 12:27 PM
    this may help also :-

    Alternate Document (

    Birth Affidavit (

    Birth Certificate (

    Birth Certificates Green Card Permanent Residency (

    Thanks patiently_waiting, These are really good links. I have posted these links to IV Wiki as well for future reference. Please add information to Wiki as it can be really useful to folks who are need this info. When you get an RFE you do not have luxory of time and all this info in one place really helps. Thanks once again

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  • stemcell
    03-07 09:44 PM
    Unfortunately it means the 485 will also be denied.....
    unless you can appeal the 1-140 which is a lengthy process.....
    Hopefully luck is on your side....

    again please ask your lawyer as to what the best way to go is....

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  • forever_waiting
    03-06 10:44 PM
    Deadline added to this initiative to decide whether to proceed or not.
    please see post below for details.

    Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
    Also, should we at some point agree on what letter must be written?

    [QUote = ashwin_27]

    As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
    As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
    So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
    The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
    So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
    Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
    As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send the details requested below.
    Please keep following and participating on this thread to show your desperation for this fix.


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  • morchu
    05-21 12:39 AM
    I believe he just meant to say "not possible with one 140".
    He just mentioned it in a confusing way.

    "A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."

    The petition mentioned here is an I140 for EB1/EB2/EB3.

    So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).

    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?

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  • ramus
    06-03 02:52 PM
    You can call or send email with your personalized message.
    What do you think?

    Though I sent webfaxes, But I am not very convinced.
    Its same text in every fax. Its not personalized.

    For senatores it will be a spam kind of thing. So many faxes with just different name but same text.

    I am not also happy about language. Its not very effective!!!


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  • raj2007
    02-20 08:43 PM
    Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
    So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.

    Your status is fine once you files I-485, but travelling can be risky.

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  • glus
    12-16 09:36 AM
    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me? submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?

    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.


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  • ita
    01-15 07:13 PM
    So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.

    Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?

    Thank you.

    Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).

    Your next H1-B will be considered a new H1-B and not a transfer.

    You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.

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  • coloniel60
    08-15 11:50 AM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.


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  • Jaime
    08-06 12:12 PM
    Yeah, why not? As long as Legals ALSO get green cards!

    On The Washington Post today:

    A Less Ambitious Approach to Immigration

    By Arlen Specter
    Monday, August 6, 2007; Page A17

    The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.

    Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.

    So let's take a fresh look and try a narrower approach.

    There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.

    The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).

    This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?

    Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.

    Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.

    It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.

    The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.

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  • pressman
    January 5th, 2005, 04:55 AM
    Rob - this is superb street journalism - the selective colouring adds to the impact. Nice job.


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  • rb_248
    07-23 08:55 AM
    One of my coleagues just got another FP notice yesterday. Did any July 2007 filers got second FP notice this year ? Does it mean that things are moving ?Please share your views.

    Please delete this thread if it generates a lot of negative responses.


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  • kate123
    03-07 01:49 PM
    Hi Smuggymba, very sorry to see you in such a situation...

    It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

    My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

    Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

    All the best

    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.


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  • H1InTrouble
    09-21 02:30 PM

    Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.

    My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.

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  • Chicago Desi
    08-23 01:11 PM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.

    Though its your decision but having EAD and AP in my hand (whether or not to use them) would give me some hope.


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  • sweet23guyin
    11-15 11:08 AM
    I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
    ---may be this bulletin will push me more in getting just an appointment--
    :cool:God bless America:cool:

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  • gccovet
    07-15 04:26 PM
    Regarding first point,
    I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .


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  • VMH_GC
    12-20 12:11 PM
    I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.

    08-10 02:30 PM
    By other poster...

    "Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
    H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
    Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (
    go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
    If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
    Good Luck
    And thanks"

    01-06 01:55 PM
    Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.

    On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.

    You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

    When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

    My advise to you is - take both the copies - you will not regret it.

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