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  • susie
    07-15 11:18 AM
    Hi

    Here is one draft, not sure if it is the final draft and still checking, but this gives you and idea of our thoughts




    Dear Rep./Sen./Readers

    Expat�s Voice: Representing the Expat Community

    We at Expat�s Voice ask for your support in achieving genuinely comprehensive and fair immigration reform.

    Our organization represents thousands of members who have legally immigrated to the United States, including immigrant and nonimmigrant visa holders, and those that are awaiting immigration. The diversity of our membership means we truly understand first hand the problems with the current immigration system.

    We commend the work of the Government in attempting to bring in much needed reform. However, the rights of many, specifically of children and of legal immigrants are being overlooked, and we want to bring the pertinent issues to your attention.

    First, we ask for a much needed compassionate visa. Many of our members, due to immigration related reasons cannot leave the country without repercussions for their visa status. They have elderly Parents and other relatives in seriously ill condition. Similarly, our own families have not been allowed to enter the USA on a compassionate basis. My own husband passed away last year, but my son was refused a temporary visa to pay his last respects because of problems with �immigrant intent.� The US Embassy showed no compassion or common sense. Yet due to the unfairness of the system, many families have to suffer this type of humiliation on a regular basis as a result of the system, largely because of reasons of mere technicalities. This has to change.

    Second, we support all measures that protect children. They are innocent in the whole immigration process whether brought to this country legally or illegally. The US Government has failed repeatedly to bring the Dream Act to fruition. We ask that ALL children, whether having entered the USA illegally or under legal nonimmigrant status, who can bring so much benefit to this country�s future be recognized and protected as soon as possible. There is ambiguity as to whether the Dream Act protects all children the meet the criteria or only illegal children; if it is the latter it needs to expanded to cover legal migrant children, whose Parents have respected and abided with US immigration laws. In addition, the legislation would not prevent certain nonimmigrant dependent (such as E dependents) from aging out at 21 unless they meet certain criteria. Therefore, we also ask for an amendment to the Child Protection Status Act of 2002 (CSPA), if not in the Dream Bill, to prevent these families from being separated when the child reaches 21.

    Third, many children �age out� due to the long waiting periods involved with family-based petitions. The Child Protection Status Act of 2002 (CSPA) was intended to address many of these issues, but the legislation has simply failed in this aim. Many of our members are now stuck in their country of residence, despite their Parents and younger siblings having already immigrated to the USA. The CSPA was designed to ensure children who aged out were awarded earlier priority dates associated with their previous petition to prevent being forced to the back of the line with a new petition and new priority date (and, when taking into account the waits associated with both the original petition and the subsequent petition after aging out, this can cause waits in excess of 30 years). However, the failure of the USCIS to apply this law correctly, because of an ambiguity in the way section 3 (INS, section 203(h)) is drafted, and the fact no visa advisory opinion nor any rules have been issued after four and half years since the CSPA was enacted, means many families remain separated.

    Fourth, many of our members are E2 and L1 visa holders. They contribute millions of dollars to the US economy and provide employment to many American citizens. However, despite being in this country legally and providing many benefits, they are treated like second class members in the USA. Our E2 members have to return to their country every two years to renew their visa, with no guarantee of visa renewal putting their investment and the American employees at serious risk. This is compounded with severe delays in visa processing times, particularly in London. Despite providing these benefits, often for more than a decade, it is very disappointing that our members do not have a direct path to citizenship. What is even more surprising is that despite having abided by and respected US laws, it is the illegal immigrants who stand to directly benefit from the Strive Bill with a direct path to permanent residency and citizenship.

    Our members, many of who are British citizens, feel cheated by the US Government. Much is spoken of our �special relationship,� but in practice it seems the rights of illegal immigrants take priority. Further, many have suffered from poor treatment by immigration and enforcement officials, but we remain patient and respectful. As an organization we are neither for nor against the rights of illegal immigrants. We simply ask that our commitment and duty to this country be recognized with at least equal reward and that you support Rep. Heather Wilson�s proposed E2 Nonimmigrant Investor Adjustment Act of 2007. We do, however, believe the 3,000 proposed figure will create a backlog of investor immigrants and so urge you to remove the proposed cap, or support a larger number and/or also introduce an annual increase to meet market demand.

    In sum we ask you for fair reforms: to recognize the principle of family reunification through amendments to the CSPA; to reward those who abide by and respect US laws to at least the same level as those that don�t; to treat the children with compassion and open arms by giving them an opportunity to remain in and benefit this great country; and to show compassion and prevent humiliation to many thousands of families, by allowing family members to be with their loved one on a temporary basis in their time of need and often in their last moments, both in the USA and outside the USA.

    For more information please also visit us at www.expatsvoice.org. We have also included an appendix discussing the issues more fully with draft amendments and explanations to provide solutions to the above issues.

    Sincerely,



    Mrs. S Ward
    For and on behalf of
    Expats Voice
    www.expatsvoice.org




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  • singhsa3
    07-20 01:05 PM
    You are forgetting spouses , EB-1 and in some cases 18+ years children.
    Also quota in 2001, 2002 and 2003 was 195K and not 65 K
    no. of h1b issued in last 4 years 65kX4= 260k
    even if you double that (which i m sure is not the case), still it come to 500k.
    so ure over estimating it.
    thanks




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  • nyte_crawler
    04-25 11:51 AM
    Maybe highly intelligent people make irrational decisions.:)

    The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.

    We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.




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  • vengaiah
    10-17 05:02 PM
    fromcisombudsman <Cisombudsman@dhs.gov>
    toVengi Mutthineni

    dateFri, Oct 17, 2008 at 2:49 PM
    subjectRE: Please consider the request
    mailed-bydhs.gov


    Thank you for your recent inquiry.

    Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

    Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.

    Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.

    Sincerely,

    CIS Ombudsman



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  • gcadream
    03-01 04:09 PM
    There is a link on immigrationvoie.org website "when can I get my GreenCard" and to my utter shock when I clicked that I got the message that I will get my GC around 2026.
    There is a checkbox for spill over visas also, and I selected that thinking that it will move my dates before...but it got moved only till 2024.

    So does it really mean that I will get the GC around 2024 or is it just plain maths which doesn't goes practically with the changing scenarios.

    Because right now the current PD is Feb'2005 and it looks like withing 2,3 yrs it should reach Dec'2007, but this data is just my guess OR more of intuition, I'm not sure what will happen.

    In this forum there are many experienced people, if they can throw some light on this, it would really help. Otherwise things are sounding very depressing !!




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  • angelfire76
    07-20 03:19 PM
    Kennedy, Clinton voted against this... I dont know what they are thinking..

    What is the proportion of potential illegal vote base to the legal vote base? They are pandering to the Hispanic vote bank.
    Like all, H1B increase was also involved in the killer. :(

    Wrote a strong email protest to USINPAC for their failure in trying to lobby for passage of the bill. :mad:



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  • GCard_Dream
    07-06 05:31 PM
    Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?




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  • tikka
    07-18 02:04 PM
    As a $20 recurring contributor till now, I am upgrading my monthly contribution to $50 from today onwards.


    Good luck to everyone and my wishes to IV CORE.

    Also IV membership just crossed the 21000 mark.

    Threads: 5,912, Posts: 118,961, Members: 21,000 , Active Members: 14,163

    for your contribution.. :)



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  • letstalklc
    12-11 05:09 PM
    My pain is similar to yours buddy mine also took 6 months to file. The VB is now an monthly sadness event, even my wife is waiting for EAD, in the current time its almost impossible to get a job if one needs sponsorship read H1, despite being well qualified and having work experience. Also if we have EAD you probably would not have to go through H1B Extension (RFE's), I had to undergo this as well, fortunately my stamping was smooth. Until our day comes we just have to wait, I think the only chance is the new proposed 485 filing procedure when its implemented.

    Mee too.

    but the proposed 2 tier system has been pushed from this december to next June 2010 (i.e 6 months) as of now, not sure whether they will come up with it at least in June...

    Lot of people are waiting to file their final step....They should start allowing to file 485 at least one year after based on their work load and based on their pre adjudication....




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  • Ramba
    10-21 04:07 PM
    How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?

    There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.

    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.



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  • a1b2c3
    12-11 09:47 PM
    for the first time (in 5 years that I have been tracking them) the visa bulletin looks like it was "made in America". The america of old, the one that is so organized that every official form includes an estimated time on how long it takes to fill it up. The one where every street has a clear name marker, every intersection has multiple stop lights, multiple signs. Where the little cats-eyes on the road are color coded[1] Where lines form automagically when a bunch of people converge on anything. Where you can go to any .gov site and pick up whatever statistics you want on anything from agriculture, to factories, to healthcare.
    This is a nation built on documentation and organization.

    For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.

    USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.

    Kudos to them.

    Things remain bleak, but just to see something so neatly organized and put out was heartening to me.

    P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.

    [1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.

    Nice observations.




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  • abhishek101
    09-01 03:24 PM
    Landed in july 2000

    Changed employer in nov 2000

    Joined a fortune 10 company in aug 2001, they had a policy to wait for 1 year before any GC application.

    Started process in August 2002, Finally labor was filed in March 2003

    May 2004 Company bought another company and in merger my department was closed, Was laid off in October 2004, was lucky enough that a job I had interviewed internally came through. Started with them in October 2004 but with a 20% salary cut :(

    Finally labor was approved in 2005.Got 140 approved in Jan 2006.

    Dates became current in June 2007 but lawyer delayed the filing till July when all dates became unavailable. Due to political pressure dates became current and was able to file for 485.

    Got married in Nov 2008.

    Company bought another company in 2008 and the merger resulted in job loss again in April 2009.

    Was lucky enough again to find another job in the company.

    Within 1 month got another job offer in the company with a promotion. So after 2004 came back to original salary in 2009.

    Still in 2010 I am not making as much money as I made in 2000-2001 when I had just landed.

    Talked to my new manager in Dec 2009 to apply GC in EB2 since it is a VP position with 8 year experience requirement he said a big NOOOOOOOO.

    Finally boss agreed to start the new GC in EB2 in July 2010.

    Talked to lawyer and after evaluation they agreed that my new job is more than 50% different from my old jobs and hence I can use the experience.

    Started the process with the lawyer but since it is a big company all processe take forever to begin :(



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  • DDLMODES
    07-06 10:53 AM
    OK can u explain how this info can be used against us...what the heck did we do?

    We did not do anything but we are in the middle of it as future applicants thay will go through the same process.
    If they decide that this process is a threat to security because they do not check people good enough how would that help us in any way ?

    You know that's all they will care about in this whole process, right ? Once the public and the press gets that idea, is only downhill from there...
    :(




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  • jay1ram2
    08-23 07:12 PM
    If implemented, would this cause audits/additional reviews of already approved I-140s? My 140 was approved in January 2007 in EB2 - Exceptional Ability/Advanced Degree. Hope this does not cause any issues for people like me....

    I am on the same boat, can anyone please clarify?



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  • amitjoey
    07-18 04:29 PM
    I do agree , but I do not see any $20 contribution in google checkout or paypal.We have to mail the checks.I guess we can get more donations if we include $25,$50,$75 contributions in google checkout as well as paypal.Correct me If I am missing some thing.

    This has been discussed before, People can send in checks of whatever denomination or pay it thru their banks - Set it up as automatic payment every month if they like. (for smaller denominations).
    $50 monthly is minimum. In any case, is $50 a big amount? for such a cause?




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  • jonty_11
    01-21 12:01 PM
    AabTuAgaGC and hopefullegalimmigrant Could you advise what date USCIS received your application for Advance Parole? Thanks

    Guys, I dont see how it matters....every case is treated differently as we all know..so why bother wasting time on such questions... Instead please concentrate on the IV led efforts.. LETTERS CAMPAIGN.....

    Please look at the bigger picture, with this being an election year, plus a recession looming large on our heads, we need to get our act together and push for reform.



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  • chisinau
    07-23 03:06 AM
    You are welcome!
    I am not sure about DS230, my attorney did it around 27 - 29 of June.




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  • DCQC
    08-21 04:03 PM
    Hi,

    Can we use the I-485 receipt notice for extension of DL for my wife. She was on H4 which expires Oct 20. She plans to use the EAD card to work and we will not extend her H4 unless EAD does not come before Oct 20. She got a letter from DMV yesterday asking for additional proof for extended stay. Also will EAD suffice as evidence?


    We live in California.




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  • logiclife
    07-05 05:07 PM
    Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.

    Going to meet Congress Congresswoman Eshoo staff next week.

    Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.




    test101
    07-24 04:40 PM
    Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.

    www.cgfns.org




    ItIsNotFunny
    03-04 05:14 PM
    After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.



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