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  • akshaya10001
    07-13 03:19 PM
    Few points to add......

    Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
    There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.

    EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.

    The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
    1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
    2> ROW EB3 porting to EB2.

    Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.

    second point is the only negative for spill over numbers.

    Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.

    So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.

    HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.





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  • eb3retro
    01-30 02:33 PM
    Hello all,

    A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.

    Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?

    I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.

    How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.

    i dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?





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  • nomi
    12-13 08:38 AM
    Whats the advice on this from core group?
    can we start mass web faxing USCIS for rule change?



    Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.

    I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.

    All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.

    what do you guys think ??


    thx.

    Nomi





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  • alex99
    10-28 06:46 PM
    Please participate in the Poll



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  • ndbhatt
    02-15 01:26 PM
    now what the hell is ROW and ICMP ?

    ROW = Rest Of World
    ICMP = India, China, Mexico and Phillipines





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  • zuhail
    04-04 12:48 PM
    Hello,
    I would like to clarify that this thread is not about discussing IV donations.
    Initially I proposed a special fund raising for Recapturing Visa Numbers to pay for the lobbying efforts and all expenses that would incurred by the IV team.

    For people who question why money is needed to do these activities, I recommend doing a google search to understand how bills get formulated and passed, on how lobbying works etc. Or they could open a special thread to discuss these things.

    Can you imagine how this organization could be run, how the IV team could meet with the lawmakers and USCIS authorities etc. Everybody have their family and work commitments/schedules. Sacrificing your personal time to do something that would benefit an entire community is an exemplary and commendable deed. It is always easy to ask questions or type in few comments from the comfort of one's home. Pursuing a common goal and acting upon it with dedication and sincerity is something else.

    Simply put, by making donations we are helping the IV team to achieve our goals in the arena of legal immigration reform. It may not be the most efficient organization in the world, but it has been effective and I have personally benefited by IV's effort since July 2007 and have made regular donations to the IV fund. Of course there would be people like Snathan who would want to kill ideas and proposals. These are to be simply ignored, as we already deal with lot of shit in our lives.

    Saralayar, to help generate statistics I have updated my profile with the important dates now. I will update them with more info later on. Thanks.

    This thread is to discuss efforts to achieve the goal of recapturing visa numbers for EB categories. Any new ideas, proposals, recommendations for the IV team are welcome. It also includes fund raising and ways to pay for this effort.
    The least we could do is to make donations to help achieve the goal.
    If you can contribute some ideas, some money etc, wonderful, great!. Otherwise please don't say anything negative that is of no use to anybody.



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  • nc14
    11-03 04:19 PM
    I too got a receipt letter from USCIS about my FOIA request.


    Today received letter from USCIS regarding the FOIA.





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  • varshadas
    01-30 02:51 PM
    After we come up with the final flyer with images and stuff, we should get it reviewed by IV to make sure that we don't have conflicting statements. We have to get color printouts. We can get them at Kinko's.

    Who is good with PPT? Someone can work on the images? Do we want to use IV's existing images or make some new ones?

    Thanks,
    Varsha



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  • BharatPremi
    03-12 04:38 PM
    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?
    Sathyaraj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • wandmaker
    10-10 01:07 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?

    If verified, you would end up in eating ham burger.



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  • desi3933
    07-09 04:42 PM
    Certainty is related 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."

    Would you mind quoting the actual law then?

    Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.





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  • thirdworldman
    03-12 11:01 AM
    Haha, I didn't think anyone would actually pick up on that, Pink. Oh, well. Anyway, thanks for the comments and votes. I think everyone did a great job. Eilsoe, awesome wireframe.



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  • feedfront
    09-21 12:23 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.

    Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

    You can hold your H1 transfer for a week or two till you don't respond.

    I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

    I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

    I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

    Good Luck!





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  • drirshad
    07-04 09:35 PM
    immigration-law.com

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    #
    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.



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  • hopefulgc
    03-13 02:41 PM
    googler .... u were so right... the consular update confirms it in the april 08 bulletin.





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  • Pineapple
    10-26 10:19 AM
    Notarized and mailed my FOIA request last week.



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  • mirage
    02-04 10:50 AM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...





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  • Abhinaym
    09-10 11:09 AM
    I will update here for those who cannot enter chat


    Right now they are discussing
    H.R. 6598
    the "Prevention of Equine Cruelty Act of 2008

    I will update here once HR 5882 starts

    Thanks Chintu! I'll look forward to your updates.





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  • eb3_nepa
    07-05 01:56 PM
    eb3_nepa has a colored , structured presentation layer based on the core ideas that you have... This is probably termed Reusability in IT world :-)

    Take it easy - I'm kidding !

    I love this idea and hinted about it in a more crude way :) :)


    Its not about individualistic ideas, but a collection of all good ideas.

    Make ALL advanced features such as PMing, emailing members on the forums, accessible to paid members. We are not asking for much JUST $10. If a guy cant pay $10 and that too to basically ask questions, then maybe we dont WANT them on the site, hogging bandwidth.





    HV000
    03-19 01:26 PM
    My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO

    Wouldn't they atleast get pre-adjudicated if NOT approved??





    gc_rip
    09-09 12:36 PM
    I get this question every day, what are the hopes for EB3-I, or rather are there any hopes for EB3-I? Are we fighting a lost battle?

    What do people here really think?

    1. There are X % chance that there would be some immigration bill that would help us and we will have GC in next couple of years?

    2. Keep going on with life as is, till the time we can renew EAD every 2 years, and AP every year.

    3. Wait for another X years, and then go back.

    4. Hopefully my son/daughter will be 21 by 2020, and will sponsor my GC.
    --- Hoping family based GC would still be allowed by then

    5. Don't know, confused?



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