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  • zuhail
    03-10 03:49 PM
    Of all 4 the proposals made by vbkris77,
    I would just stick with one and only one:
    RE-CAPTURING VISA NUMBERS.

    If we add any other item like re validating H1B inside US,accountability for USCIS etc, the message would bound to get lost. It will get bogged down by the details of implementing the other proposals. The devil is always in the details.

    I think we need to stick to single target of visa re-capturing (with no mention of the word H1B in the legislation). There should be no crap about H1B workers stealing jobs nor granting pardon for illegals. Visa re-capture is for educated foreign-born professionals currently employed in US.

    Many ask if this is the right time. When will be the right time?. Are we asking anything that has not been already granted by the law?. These past visa numbers have been already approved by the law but not used by the USCIS.

    The time is RIGHT NOW.
    It is interesting why IV team is not taking up this one item and start fund raising.
    May be the team has some valid reasons for not doing so. I could only guess.
    But waiting for the right time to take up this agenda of re-capturing visa numbers is not a valid reason. That is totally hopeless.





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  • nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.





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  • Rajeev
    02-01 03:04 PM
    Hi Varsha

    I will attend the conference call but unfortunately I would not be able to come to the temple Saturday. The earliest I can reach temple is 3:00 p.m.





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  • lazycis
    01-18 11:58 AM
    US Code, Title 8 � 1304. Forms for registration and fingerprinting

    (e) Personal possession of registration or receipt card; penalties
    Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

    So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.



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  • solaris27
    07-12 08:33 AM
    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:


    I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
    104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.

    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.


    The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.





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  • apt29
    11-11 05:00 PM
    Is there any IV member in DC willing take up this task, while we work on document?

    The next step is really to get an appointment with the official. We can get signatures/representation much easily.



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  • pv2715
    07-13 10:24 AM
    It is not a contradiction to the previous statement.

    Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
    Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
    Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
    etc...

    Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

    Yagw,

    I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.





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  • vdlrao
    09-10 08:42 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )


    EB1 - all current
    |
    |
    \/
    EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
    |
    |
    \/
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)



    .



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  • EkAurAaya
    09-26 10:09 AM
    I sent an email too and asked the editor to contact info@immigrationvoice.org for more information on why the rally was conducted (to clear up backlog of already filed petitions for green cards and not h1b increase)





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  • ajthakur
    07-14 06:52 PM
    I dont remember any LUD on 140 after it was approved. I didnt pay attention to it. I just know now there is a LUD for 7/13/2008.
    7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?

    if there was a LUD, this is a high possibility that your previous employer revoked I-140.

    This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.



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  • conundrum
    12-08 04:48 PM
    we will have to ask for more pointed info rather than ask for all the info at once.

    My suggestion is for a few of us to ask USCIS for just EB - 2 India, China and ROW and another for just EB-3 India, China and ROW. Maybe we might get a faster response that way.





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  • edgarrecto
    02-21 05:26 PM
    how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?



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  • BlueSunD
    02-27 09:33 PM
    If it ain�t too late... here... http://www.jozvex.com/tutorials/fg.html :)





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  • GCVivek
    03-21 02:37 PM
    Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????



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  • dagabaaj
    09-28 04:39 PM
    Politics is a dirty game and to win one must get hands into the mud to beat the heck out these guys. Durbin and Grassley are not the only ones. They are the most vocal ones. Why are we hurting? Because we have been silent for way too long. It is said that the crying baby gets the most milk. We do need to raise our voice. I think in another thread Mark pointed out that we can raise our voice but be civil about it and that is what differentiates us from the rest.

    The point here is that, is the EU a greener pasture than the US?
    IMHO, No. Language barrier is an issue. Newer countries that have been communist in the past are still struggling to keep up with their richer cousins. There are major racial differences since historically the countries have not been immigrant friendly. Econimically the gains are minimal.
    The only plus is that one stands to grow with the growth of the countries themselves. On a personal level I think I missed th boat of growth in India and now it seems futile to attempt to jump ship which I have already done once by coming here.





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  • voldemar
    06-20 06:01 PM
    its illegal to take color photocopies of driver licences, ONLY send b/wAnd wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.



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  • pappu
    07-26 10:28 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez

    btw law states that domestic violence is a deportable offence. it is taken seriously by uscis. even convicted greencard holders are deported.





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  • kramesh_babu
    07-15 12:49 PM
    People say you can still use your AP to reenter as long as its not expired.

    I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?





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  • techskill
    08-15 02:33 PM
    Nobody is waiting for it now.It is going to be 'U' for all.In fact i think everybody has forgotten about the visa bulletin. They are more worried about their checks being cashed and RDs.





    deepakjain
    06-08 06:38 PM
    You might get your GC while you are at the retirement home....

    Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....

    they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D





    immi_seeker
    04-09 06:32 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.


    EB1/EB2 demand is very low. So numbers should come from there i believe. Number crunchers could jump in and see how this EB4 demand will make a difference