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  • greenlight
    08-21 01:32 AM
    Thanks for your response. ;)
    So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?

    Can someone respond to this question, please?
    thanks.





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  • vbkris77
    06-10 12:47 PM
    This if enacted will get all the so called "non-desi" employees/employers. Remember in last one year there was no major employer without layoffs.





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  • supernova
    04-06 08:37 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.





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  • gccovet
    09-10 11:08 AM
    There were discussing the first bill - something about horses.
    They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)

    funny ... but true..

    aliens comes after humans and animals :)



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  • virald
    07-18 11:30 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.

    I guess it looks like we should wait at least a week before calling USCIS.
    Make sure guys that between now and then, your attorney has not received the application (meaning it is still with USCIS).





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  • msadiqali
    09-14 04:13 PM
    what is EVL?

    I also got an RFE asking for my employer letter. I moved to IL from CA.

    I got the letter from employer and submitted to USCIS... waiting for answer..



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  • dreamgc_real
    07-13 08:43 AM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????

    Check out the USCIS site: USCIS - Application to Register Permanent Residence or Adjust Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D)
    You can download the form as well as the instruction to fill out the firm.

    As for filing it on your own - depends on how confident you are in your abilities to follow the instructions!!!!!!!!! Just kidding... Try filling the form on a copy.........





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  • lazycis
    12-21 10:03 PM
    lazycis,

    According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?

    I like your insight into immigration policies and the way you express them.

    Thanks.

    8 USC 1182(a)(9)(B) Aliens unlawfully present
    (ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

    Unlawful presence is different from out of status.
    The period for unlawful presence begins on:
    1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
    2) status violation, determined by an immigration judge, or
    3) status violation, determined by the USCIS during the course of adjudicating a benefit application.

    245(k) allows up to 180 days of "out of status".

    If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
    So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.

    However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".

    http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf



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  • tabletpc
    12-20 04:42 PM
    ..Yes, I did. In fact, many times...""

    Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)





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  • rongha_2000
    08-29 05:37 PM
    I typed that in google and its been searching since, first it searched the web, then it invoked googleearth and now its on googlespace..!! :D :D


    most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?

    What are the steps to be followed and things to watch out for in selecting a desi consultant?



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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    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.





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  • hsingh82
    06-11 09:36 AM
    Reply I received:
    Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.

    If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.

    If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.

    Warmest Regards,
    U.S. Senator John Cornyn



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  • nojoke
    09-17 11:56 PM
    when did i rant..haha, its funny when people are cornered they talk stuff which arent even relevant

    you crack me up, no offence

    You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults





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  • feedfront
    09-20 12:06 PM
    Does anyone know, how much attorney gonna charge to reply RFE?



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  • prince_waiting
    09-27 11:27 AM
    Cultural barriers are not so insurmountable in the US as those in the EU.

    Even with the Blue Card can one work towards the naturalization process in order to become a citizen? In US you can surely do that after 5-6 years I guess.

    US gives citizenship by birth to our children if they are born on US soil, EU countries do not do that. Switzerland goes to the extent of invloving local communities before deciding an applicant's request. Please refer to http://news.bbc.co.uk/2/hi/europe/6992670.stm

    However we can surely make lawmakers aware of the existing competition and argue to reform the EB immigration system.





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  • logiclife
    01-15 11:55 PM
    Immigration Voice is starting a feature for recurring contributions per month. You can sign up for $20 or $50 or $100 contributions per month and a secure paypal transaction will deduct this amount each month and contribute to Immigration Voice.

    The question is, why should you contribute and what are the stakes? We have seen no reform from congress the entire year of 2006, so what is the point now? These are the questions, right? Is it even legal? What is the oversight of funds?

    I will try to answer all these questions below and if you have more, please feel free to ask over the phone or on this thread.



    1. Is it legal to contribute or participate?

    Yes. Absolutely. We have seen that reason as a number one fundraising killer. Everything done
    by immigration voice is absolutely legal. See more here: http://immigrationvoice.org/index.ph...43&Itemi d=48 (http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48)

    2. Is the money well spent?

    Most of our expenses account for lobbying fees. This is a non-profit and
    no one here is out to make money. Everyone here running this is a retrogression/backlog victim. See the bios of
    members and founders here: http://immigrationvoice.org/index.ph...57&Itemi d=49 (http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49)

    If you still have questions, call us at 850-391-4966. We would rather have you call us and question us rather than not call and not contribute. We are not here to run a scam. This organization is registered in New Jersey, and the non-profit tax status is pending with IRS.

    3. Is it worth it?

    Well, do you want a greencard in this life-time? Yes? Then its worth every penny of your contribution. Otherwise you are wasting your time here on this website.

    4. Why cant big businesses, corporations contribute here or lobby on their own?

    Well, do you want to wait for someone to help you out? What if that does not happen and legal immigration reform is dropped again? Do you want to risk it? If you do then you are wasting your time reading this.

    We are trying to get corporate sponsorship for this effort but cannot completely rely on them.



    5. Why lobbying?

    We cannot cannot cannot in a million years do this without lobbying.

    We have retained the help of professional top firm in Washington for our advocacy efforts in Washington, DC. The firm has a strong reputation and value-added experience to help us achieve our goals of solving the backlog and retrogression problems.

    Working with professional advocacy group(lobbying firm) is only one way we are advancing Immigration Voice’s goals. While we are advocating for reform on these important issues in Washington, D.C., we need your help now more than ever – and you can help us in your city.

    6. Why me?

    Well, if you are here checking this website everyday, you are just about as worried about your greencard as the next guy who contributed. If you think that "Others" will contribute and reach goals, that is very unlikely to happen. If it does, and you see this org succeed without your contribution, then congrats to you. But then, for every member or visitor of this website who read forums everyday, wishes good luck, prays for success of Immigration Voice and DOES NOT CONTRIBUTE $$ thinking that "One non-contributor will be barely missed" we have a potential contribution not coming. And that is a majority as of now. Out of 8000 plus registered members and hundreds of more visitors, less than 2000 have contributed.


    7. What's to lose?

    Well, make a $50 contribution/month and that's one month's cable. Make it a $100 and that is 3 dinners outside with your partner. Make that $200 and that is one long weekend out the window. Is that all too much to lose compared to potential failure of immigration voice in raising funds?

    Think about all consequences and make up your mind.

    That being said let me sincerely thank people who have
    already contributed and also mention that a handful of contributors have made over
    $1,000 contributions or more so far in cash on top of volunteering time and effort.

    Let's begin contributing...Click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25)to sign up now.

    Advantages of Monthly recurring contributions for the Organization:

    With recurring contributions, Immigration Voice can plan and make a budget for the advocacy efforts in advance before the actual resources are needed.

    Payments are secured thru paypal. You can stop the recurring payments at any time in future by simply logging in into your paypal account and stopping it. Once you signup, all the details of your recurring payment would be sent to you in email by paypal so that you can save it for your records.

    Payments are processed by withdrawal of funds from your chosen credit/debit card or paypal account once each month.

    Please sign up and strengthen our hands. Click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25)to sign up now.

    The goal is to have a total of 2000 contributors for recurring contributions in the next 1 month. Trust me, this is not difficult given the numbers we have even today. 8400 members, $ 200,000 raised so far. We can do much much much better than that.

    However, do the math. Some people have contributed more than 500. That
    means that with 200,000 coming from 1800 members, some have contributed
    nothing. Well, I understand the fears and apprehensions people have with new
    organizations asking for money and I am going to address all those
    questions and answer them one by one. So that the only reasons left after
    that for not contributing would be excuses. (unless you have another question...in which case, call us at our number 850-391-4966)

    Thanks.



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  • isedkeem
    12-10 01:25 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.

    Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.





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  • vin13
    11-12 03:26 PM
    Guys

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.

    Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.

    I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.





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  • jsb
    03-09 12:27 PM
    This is horrible. Does not make much sense.
    No significant, if any, movement, even though it is supposed be a new quarter?





    tooclose
    07-13 10:54 AM
    Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.

    Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.

    We will get to know early next month. Good luck to all !!!





    BharatPremi
    03-17 12:56 PM
    As far as I know there are atleast 5-6K applicants waiting with PDs before Dec-2003. Considering 3 visas used for each applicant. There'll be a requirement of atleast 15-20K Green Card numbers for Indian EB3 to clear people up to Dec'2003. While EB3 gets a maximum of 3K/Year. My guess is it'll take 5-6 Years to get the EB3 to Dec'2003.

    Including spillover generally EB3-I clears up around 5000 visas per year on average ( Though theoratically stuck at 3300-3500). 3 visas per applicant is at bit high end. I would not assume everybody is married AND have child.. I would put that around 1.75. But, yes, even if select these new parameters than also it would take years..Theoratically, ofcourse:):)



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