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Sunday, June 19, 2011

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  • calabor2001
    05-14 06:12 AM
    PD is current now - lets see if it gets adjudicated! I-485 in TSC. Details in signature.





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  • WeldonSprings
    10-17 11:58 AM
    USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.

    This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.

    USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.

    However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.

    This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.

    EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.


    Please refer to immigration-law.com for full message, but here is the part of it:

    The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
    Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
    Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.





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  • chanduv23
    02-15 07:03 AM
    I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.

    Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.

    This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.





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  • prioritydate
    12-21 02:15 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:



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  • vandanaverdia
    09-10 03:34 PM
    You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!





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  • GCKaMaara
    03-12 12:27 PM
    gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....

    btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....

    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.



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  • frostrated
    06-11 04:02 PM
    Why are Harkin and Sanders supporting this bill. They are both children of immigrants. They need to understand the struggle their parents went through.





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  • pcs
    01-16 12:47 PM
    Siva,

    Thanks for listening to the request of lazy guys like me ( who cooled off after making intial contributions )

    I will shoot some more on happy occasions like my Kid's birth day etc...



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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik





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  • Description: Rebel girl dixie



  • royus77
    08-10 09:10 PM
    If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.

    BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way



    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."



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  • pappu
    04-09 03:31 PM
    Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)





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  • Description: Dickies, Girl



  • gimmeacard
    07-12 09:00 PM
    So looking at the demand data used for determining Aug bulletin,

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    how far do you think it'll progress next month?

    AUG BULLETIN is already out, it moved to March06 for EB2,



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  • jonty_11
    02-22 11:39 AM
    c'mon guys...instead of just hoping lets participat ein IV campaigns...it makes no sense that EB2 wud move a lot...just think abt it...there are just too many of...now that everyone jumped from EB3 to EB2...it would have been wise to continue with ur EB3 application.

    We need to get the a comprehensive fix to our problems..
    Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.

    Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....

    Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.





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  • sameer2730
    03-12 11:23 AM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.

    Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
    "Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"



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  • ramus
    07-04 03:39 PM
    bump





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  • neelu
    12-13 12:17 AM
    I'm with you - less talk and more action.
    Also, members should all show support for all goals.
    I am not in the I-485 stage but would certainly fax USCIS.
    In the same way, members should fax DOL to clear up their backlogs.

    the whole point of this forum is united action, so lets show support

    Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.

    At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).

    I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.

    I know many of these suggestions are easier said than done, but better something said than none! :)



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  • varshadas
    02-09 09:34 PM
    http://profiles.numbersusa.com/profile_state.php3?District=NJ

    For other states, use

    http://profiles.numbersusa.com/

    Mike Ferguson whom we met today was pro legal immigration, If anyone is or knows someone in Morris County, please contact Garrett, Scott. I think first we should target the greens (lower immigration intent) and then target the others.
    As you can see the Southern states like Lousiana, Texas have many greens.

    Thanks,
    Varsha





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  • Screen Shot 2 of Girl Portable



  • prioritydate
    12-20 03:59 PM
    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(





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  • nervous-wreck
    03-15 05:51 PM
    what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?

    Honestly, I thought they should have been already processed and gotten their Green cards by now.

    All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.

    If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.

    BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?

    Thanks





    same_old_guy
    07-09 04:38 PM
    newbee7 is right.

    Either the security clearance/FBI name check was COMPLETE or NOT. There is nothing as "would-be-done-shortly-for-sure" !

    Bottom-line, if it can be proved in a court of law that USCIS approved cases without security clearance, there is a solid ground for the suit. It's against the law and it undermines the national security concerns.

    Second, USCIS working in bad faith when they rushed to allocate all the quota just to avoid new I-485 applications. It clearly has "intentional" written all over it.

    Third, I saw somewhere an excerpt from INA law that there is a limit on how many visa number can be allocated in a month. As per that clause, USCIS broke the law.

    Fourth, there is a solid ground to sue USCIS for the expense to say the least. People has to pay a whole lot of things including lawyer, medical, photo etc. Time and effort spent on that is no less.





    champu
    03-09 04:37 PM
    looks like that is Plan B :D:D

    the way eb3 is , I may get it faster if my US born kids sponsor me. He is 8 right now.;)