Thursday, June 23, 2011

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  • everonh1
    07-22 12:45 PM
    Found another discussion on interim EADs here:-
    http://immigrationvoice.org/forum/showthread.php?p=128691

    If you can get interim EADs,then local USCIS office will be backlogged with numerous applicants after November 07.




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  • amsgc
    06-26 12:55 AM
    In this debate, it is important to consider what "America" really means:

    It is not just tech. companies or the USCIS - it is every big, small and mid-size enterprise, school, hospital, university, firestation, state/federal govt etc. It is the local community in which we live, the neighbors we interact with, the folks at the check out counters, our children's daycare, and ofcourse it is our fellow American co-workers, supervisors and friends.

    In the final cost & benefit analysis, I am just curious to understand how America stands to gain by preventing the free movement of high skilled labor and intellect across the country. How does it benefit by preventing individuals from getting a higher education or a promotion. It is already too late for most of us to give up at this stage of the process, so most of us will wait it out, and eventually get the green card. If it is going to be 5 yrs. from now, then why not now?


    Perhaps the questions should be:

    "What is America gaining by keeping high skilled individuals in this state of perpetual limbo"?

    And

    "What is the cost to America of giving out a Green Card to a high skilled immigrant whose petition to immigrate has been approved by the US govt.?"




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  • pappu
    12-11 12:16 AM
    It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
    In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
    This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.

    I agree. It was interesting to see them use our style of predicting with and without spillover. It seems they have paid attention to the recent report we had published. We should continue to ask questions and provide suggestions to the administration officials.




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  • ngopikrishnan
    10-22 10:48 AM
    Irrespective of the employer decision to revoke I140 or not, I have to send AC21 letters to USCIS. That is the reason I am asking anyone to suggest a good attorney for representation.

    Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.



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  • CADude
    07-04 03:18 PM
    Contact your Senator regarding unprecedented move by the Department of State.


    If you all can then please contact your senator.
    Below is the letter I sent to my local senator.
    You can find your local senator by using this link (Enter zip code and state) - http://capwiz.com/aila2/officials/congress/?lvl=C&azip=75063&state=TX.
    You can also send email from this link.
    It does not matter whether this brings any value or not but there is no harm in doing this, in case you are really frustrated, troubled and sad!.

    Dear Senator :

    This is to bring to your attention regarding an unprecedented move by Department of State with regards to filing of adjustment of status applications.

    On June 13, Department of State announced in its Visa Bulletin for July 2007 that all employment-based categories (except for the Other Workers category) for immigrant visas will be "current," (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) meaning that individuals/businesses going through the lengthy and backlogged immigrant visa or "green card" process can, throughout July, file adjustment of status applications.

    The Department Of State regulations at 22 CFR 42.51 (http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html) and 8 CFR 245.1(g), allows individuals/businesses to rely on and use such information. Historically, they have relied on such information knowing that when they prepare and file such applications, they will be accepted and adjudicated.

    However on July 2, 2007, The Department of State issued a new bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) with an update on July Visa Availability and USCIS (U.S. Citizenship and Immigration Services) started rejecting adjustment of status applications for several employment-based immigration preference categories (http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf), despite the fact that the published July Visa Bulletin shows that visas for these categories are available thereby violating its long-standing policy and the expectations of thousands of people, without any advance notification to the general public or issuing any notification under the Administrative Procedures Act (APA). Such a revision, coming in the same month in which the bulletin is issued, would be contrary to years of practice in which revisions or adjustments to the availability of immigrant visa numbers are made in the following month of before the beginning of the month, not in the same month individuals and businesses have begun preparing and submitting applications for adjustment of status.

    By taking this unprecedented mid-month update, the Departments of State and Homeland Security have seriously undermined the stability and predictability of U.S. immigration law. Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. In addition, individuals have taken the necessary steps to prepare and file applications for adjustment of status, including thousands of dollars of expenses to engage counsel, flights for employees to quickly obtain necessary documents and medical exams for the applications, cancellation of business and holiday travel, changes in family plans to ensure families are in the proper location, etc. This unprecedented action of the government is shocking and disturbing. It has left many in a state of disbelief, frustration, confusion, and anger.

    Pursuant to Department Of State regulations 8 CFR 245.1(g), [i]f the applicant [for adjustment of status] is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available.. Thus, when the Visa Bulletin shows that visas for most preference categories are available for applicants with priority dates on or before the listed priority date, the USCIS must accept those adjustment of status applications for adjudication. Under section 245 of the INA, an alien may apply for adjustment of status if, inter alia, (3) an immigrant visa is immediately available to him at the time his application is filed. The question is what the term immediately available means. The regulation at 8 CFR 245.1(g) defines the term and instructs how to determine when an immigrant visa is immediately available under Sec. 245 of the INA.

    8 CFR 245.1(g) states, An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available. An immigrant visa is considered available for accepting and processing the application Form I-485 i[f] the preference category applicant has a priority date on the waiting list which is earlier than the date shown in the Bulletin (or the Bulletin shows that that numbers for visa applicants in his or her category are current). An immigrant visa is also considered immediately available if the applicant establishes eligibility for the benefits of Public Law 101-238. Information concerning the immediate availability of an immigrant visa may be obtained at any Service Office. (Emphasis added.)

    Reliance on the current Visa Bulletin is well-established. In 1994, the INS (Immigration and Naturalization Service) published a revision to 8 CFR Part 245 in response to enactment of section 245(i) of the Act. In the Supplementary Information provided with that regulation, the INS took the opportunity to revise its definition of immediately available to be consistent with that of the Department of State.

    The INS said: All applicants for adjustment of status under section 245 of the Act must have an immediately available immigrant visa number. "Immediately available" for the
    purpose of accepting and processing the Form I-485 application filed by a preference alien is defined in 8 CFR 245.1(f) as being not later than the date shown in the current Department of State Bureau of Consular Affairs Visa Bulletin. The Department of State, however, defines "immediately available" as being earlier than the date shown in the current Visa Bulletin. This rule amends 8 CFR 245.1(f) to bring the adjustment of status provision into accordance with the Department o f State's definition.

    I request your prompt attention on this matter asking the Department of State for clarification on this unprecedented change which defies years of established process of individuals/businesses relying on visa bulletin to prepare and file adjustment of status applications.

    Sincerely,




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  • kshitijnt
    06-26 12:26 AM
    I just started my GC Process, But I kept a 5 Year time frame to try this out. That is my breaking point.

    Just dont extent the breaking point like H1 visa.



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  • GCBy3000
    07-06 04:49 PM
    What does this statement mean?

    http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf


    per existing policies and procedures, requests for Premium Processing Service will continue to be processed within 15 days. USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.



    Why USCIS suddenly did this press release? Something fishy?




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  • Keeme
    03-04 12:34 PM
    Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.

    Has anyone had a similar experience.

    My PD: Aug 2004
    Cat: EB3 India.

    A soft LUD today 03/04 on my/wife's I-485 application.

    I see lot of cases of EB2-I with PDs of 2005/06 and EB3- I with PDs 2003/04 have recentely received LUDs/RFEs.

    Let's wait what next visa bulletin says !

    Any one else with recent LUDs on their I-485s ?



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  • malaGCPahije
    08-13 03:56 PM
    From Sept 2008 visa bulletin: "The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September."

    I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??

    This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.

    I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?

    Best of luck to you all.




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  • sukhwinderd
    03-10 08:54 AM
    i have friends who had issues with suntrust, boa etc. but they gave references of people who were approved from the same banks while on adjustment of status and they were finally approved. my loan is with Amtrust and did not have any issues, i am on EAD, no H1.



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  • spicy_guy
    08-12 12:02 PM
    He is slamming consultancy businesses. all together, clearly!
    America will pay through the nose for this move.

    +2K. Are they crazy?




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  • Mouns
    04-30 03:15 PM
    Max waiting country Philippines (family based) = 22 years
    if recapture enacted we shortened it for a few months.

    Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!



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  • Raju
    07-06 02:37 PM
    More important is the last 48 hrs where they processed 25000 cases
    AT-WILL.

    Ohh this guy has a good first name - 485 granted.
    Ohh this guy married twice,needs money - 485 granted.
    Ooh this girl doesnt look good - 485 denied.
    Ooh this girl has excellent looks - 485 granted.
    Ooh This couple stayed EUROPE not so loyal - 485 denied.

    and so on and so forth....

    I doubt if anyone was denied. They have to approve anyone and everyone to meet the numbers.




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  • santb1975
    05-23 12:54 AM
    If you have made a contribution and posted on this thread or on the thread we had before your name should be on the list. We do not have an automatic way of updating this list once someone had made a contribution through paypal at this time. Every night I go through this thread, update numbers and names. I could have made a manual error and missed some names but once people have brought that to my attention I have been double checking and responding back to them. I know I am behind on verifying one or two contributions but I will catch up. I work long hours,take classes and I live 80 miles away from where I work. I wish I had more than 24 hours in my day. If you could help us with maintaining an accurate list that would be awesome.

    Hope I answered your query :)

    wondering how yu came up with a list of contributors.......if i provide my transfer confirmations to IV and still cannot find my name in the list then how will I trust the veracity of yur list.....

    ....not for an argument but a query



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  • badluck
    07-06 01:52 PM
    Cmon stop the rumour. Just because some of you sent the application on 2nd doesnt mean that they will honour it. If and if they do , there will be much more serious and valid lawsuit, because they've already issued a revision from 2nd July. Under law they have to give everyone a fair and equal chance.

    So pls stop cooking rumours from your lawyer. He simply doesn't want to pay back your fee and keeping your hope high..

    2 cents

    I think you sent your application after july 2...:D




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  • Jimi_Hendrix
    12-07 09:57 AM
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  • leoindiano
    04-30 03:12 PM
    Stupid king doesnt understand the diff. between this limit and H1 limit.




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  • billu
    09-13 08:22 AM
    i had heard a lot of ppl everywhere talk abt "new numbers will be available from oct.".....due to fiscal year starting.....now that oct visa bulletin is out and there are no EB3 numbers for india as "current"....did they mean november visa bulletin which will release mid october?......or is bridge amendment the only hope for us Schedule A professionals now?




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  • adde72
    07-05 11:13 PM
    http://www.nytimes.com/2007/07/06/us/06visa.html?hp

    Can someone please put this on digg?

    ***
    To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.

    In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.


    *****

    Excellent article




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    DDLMODES
    07-06 08:37 AM
    Guys...digg this one religously..
    For the first time one article connects our needs to what Americans are interested in; Homeland security.


    Guys, not to say that they should approve cases without background check but are you sure this will not turn against us if they associate USCIS being efficient (approving cases faster) with them taking shortcuts and give GC to people who are a threat ??

    Everybody here wants some of those "reserved" (already taken for cases not yet approved) visas to be available again but nobody thinks what this will do to us in the long run because some might read the news and conclude that USCIS just gives green cards to people that might be a threat.

    As for my angle on this, I did not file yet so I have no case pending waiting to be approved....

    :(



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