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  • Openarms
    10-16 05:09 PM
    This is one of the most important issue on this forum that ever taken care. I will do send letter with in couple of days.





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  • ramus
    07-02 08:20 PM
    Just 700 so far.. Don't seem like we will be even close to 5000 by 10...

    Members who contributed please ask others to contribute now..





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  • nomi
    12-11 02:23 PM
    Originally Posted by god_bless_you
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??


    Originally Posted by Nomi

    I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong

    I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.

    what do you guys think about it ??

    thx.





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  • meridiani.planum
    07-28 12:11 PM
    This is going to be my last post because I think you are just trying to incite anger. You don't even know what you are talking about. I will recommend admins to note the IP address as they may need to give it to the authorities.

    Can you state your source "It is second highest next to Iraq"

    Your are forgetting the places like Dafur, Somalia etc..

    Dont worry, I got his IP. Its 127.0.0.1. And no need to even inform the authorities. I know a program using which I can wipe his hard drive remotely. Hehehehe. Watch me do this guys. There it goes, bye-bye hard-disk!!

    Hey! hang on! why is MY hard-drive light blinking like crazy?? I think something is goi <DISCONNECTED>



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  • amslonewolf
    11-06 07:28 AM
    NRC2008064127

    I didn't notarize my letter..

    All it takes is a .42 cents to mail the letter and 2 mins of your time.. Please do it..





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  • pitha
    01-16 07:10 PM
    I actually don't think this is the main concern of many people who have not contributed. I have talked with many friends who got stuck with their GC applications regarding IV and urged them to contribute. However, not many of them were very passionate about this. They just simply believed that they could not achieve their GCs faster with IV's effort than without. $20 per month is not a big deal for them. But without any confidence and hope, they did not even want to bother to register and contribute. Most of my friends are EB2 with PD 2004 or later. Some who have filed 485s see no sign for SKIL being passed and are fine with their APs and EADs. Those who have not filed their 485 truly believe that they could file their 485s in about 2 years and got used to this waiting.

    So I think maybe we can let people know what IV has achieved in the past one year(not just how many members or how much money IV has achieved..., but things really matter to people) and inspire them.

    Maybe we are better off without having people with such defeatist attitudes as our members. If you cannot even help yourself how can others help you. Even I had friends with such attitude, I told them about IV and when they started saying IV cannot help blah blah blah nonsense. I just left it at that. If anybody who is interested goes through IV forums for 10 to 15 minutes they will understand what IV has achieved in the last 1 year with meager resources and funds. Lets leave alone such bad apples. On the other hand, I also had friends who went through IV when I mentioned it to them and have already contributed. If we keep trying and spread the word around we will eventualy find the people who have the passion to do something for themselves and join IV.



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  • mugwump
    09-26 05:00 PM
    I understand your point, doesn't make sense to burn bridges. we might need her in the future





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  • hpandey
    10-15 02:25 PM
    I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.

    This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .



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  • grinch
    02-26 02:54 PM
    Hey guys!

    I'm finally back from the beautiful Italy, and I'm ready to start getting back into the battle!

    March 10th sounds pretty good, yet I just might need a couple days or so, depending on how my time goes.

    and soulty, your not going to participate?! Aw hoe come man! I was looking forward to your entry!

    I'm still working hard, almost done!





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  • Znan
    07-12 11:51 AM
    Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.



    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .



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  • alterego
    07-04 08:31 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.


    Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.

    This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
    If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!

    Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.





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  • perm2gc
    01-17 01:51 PM
    Hi Go_Gc_Way

    Can you please modify the AD content.

    Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)

    Members from 6000 to 8000.



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  • logiclife
    04-20 07:05 PM
    Hi,

    Is there something you need to show for entry at the event ?
    Sorry if it is a dumb question..:confused: .I just joined today..

    - Naresh

    No you dont need to show anything. Just be there on time...





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  • AMITAT007
    10-03 03:08 AM
    I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
    Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
    In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
    I have few question
    1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
    2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
    3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.



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  • gc_on_demand
    09-11 09:41 AM
    Any one has idea ?





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  • uma001
    07-29 12:42 PM
    When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.

    If big companies do not have any intention of doing green cards then say it before hiring.



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  • PavanV
    06-08 06:26 PM
    My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:





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  • nozerd
    01-27 11:40 AM
    Well Alisa,
    Do you think its fair to discriminate someone based on their country of birth with all else being equal ?





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  • swamy
    08-21 11:35 AM
    I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
    I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.

    I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
    How do I handle this?
    They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
    I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.

    Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
    I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
    Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?

    sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..





    desi3933
    02-11 12:03 PM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem

    As per this link

    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.

    So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?


    __________________
    Not a legal advice.





    retrohatao
    02-14 10:23 AM
    eb3_nepa,
    FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
    http://immigrationportal.com/showthread.php?t=174845
    It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.

    You will realize how big a problem when you reach there.

    Logiclife,
    This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.

    There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
    Good luck if you guys think it is a "sub issue"



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