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  • whoever
    04-13 08:23 AM
    I dont think there will be any movement for May and June. July could see a big movement.





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  • bluekayal
    03-09 12:48 PM
    Report back

    Two people from the CA group met the Constituent Services Manager at the Congresswoman's office. The staffer was very familar with Immigration issues, and the functioning of backlog elimination centers. It was a fascinating meeting at a very personal level with good exchange of views. It is good to remember we meet as individuals with our own histories, struggles and successes.

    On IV goals

    There was more agreement on some of IV's goals than others. For example it might be easier to "Automatically recapture unused EB Visa number from previous year." That goal may have better chance to win out. So we may need to move this item up. So in terms of priority, starting with what the staffer agreed with, Iv's priorities would something like this.

    1. Transparency of DOL-BEC and USCIS functioning.

    2. Automatically recapture unused EB Visa Numbers from previous years.

    3.Convert all 1 year extensions of H-1B, EAD, and Travel Document (Advance Parole) of applicants in backlog to 3 year extension.

    4. Ability to file I-485 even without Visa Number availability

    5. Allow applicants with advanced degrees from the US, or who have worked for more than 3 years in the US on H-1B, to automatically apply for adjustment of status without regard to EB annual limit.

    6. Eliminate dependents from EB annual limit.

    7. Increase EB annual limit.

    We shared the Ombudsaman's report and the couple of pages from the President's economic report of 2005. They were both very useful. It was the first time the staffer had seen the Ombudsman's report. The staffer wanted to use these at at a meeting she is attending :) Thank you IV team, especially Berkeley Bee for ferreting out key bits of information.

    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.

    Finally, the staffer will let the congresswoman know our concerns.

    thanks

    Bluekayal





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  • n2b
    12-28 11:05 AM
    Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.


    how do I avoid that scenario?

    If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?





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  • cagedcactus
    04-16 03:17 PM
    The experience would have to be before the labor filing, in order for it to count. I suggest that you should talk to 3-4 attorneys and get the best possible approach.



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  • H4_losing_hope
    02-25 11:01 PM
    my new total 105 ish
    maybe a few more this week.

    If anyone wants about 50 hand addressed envelops to President then PM me.

    May be NORCAL might need them? I will be sending them about 30+ letters this week.

    Cheers!





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  • shantak
    08-23 09:00 AM
    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    How can you be so mean specially at a time when he is under tremendous pressure. IV should try to comfort him and suggest him some alternatives. Contact your attorney ASAP and ask him to try to have a good write up and send the application again, who knows USCIS might accept your application (worst case ur app will come back again), but make it fast dont delay anymore.



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  • BharatPremi
    03-22 12:57 AM
    Gurus,

    Since EB2-India is current, I am exploring the possibility of interfiling.

    Goal: Interfile in such a way that my new application under EB2 (New case
    category) get attached with old case (EB3) priority date (07/2003) and
    thus enable me to take advantage of EB2 current PD as declared in
    April 2008 bulletin.
    GC Application/s history:
    -----------------------
    OLD APPLICATION

    Employer: xyz
    Category: EB3-RIR Conversion-India
    Priority Date: 07/2003
    Labor approved
    I-140 approved
    I-140 approval date: 06/2007
    AP and EAD approved
    485 receipt date: 07/1*/2007

    NEW APPLICATION

    Employer: ZAB
    Category: EB2-India
    Priority Date: 06/2006
    PERM LABOR approved
    I-140 approved
    I-140 approval date:08/2006
    No AP/EAD/485 applied under this application

    Notes: (1) Currently working for company CDE on EAD.
    (2) "A" number on both I-140 are similar and different from "A" number
    on 485 file.
    (3) Occupation codes for both category are "Close" and matches the
    job profile with current employment on EAD

    Question: Is my goal achievable? If yes, then what to do and how to
    proceed?

    Thanks in advance for any help to sort this out.

    - BharatPremi





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  • waitingnwaiting
    05-12 12:13 PM
    That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (http://www.thokalath.com/North-America/Indo-American-Community.php)

    Who is we?
    why not you try to contact them?



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  • ganguteli
    04-19 03:33 PM
    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
    You joined today just to post this?
    Dude you need to first fill your profile details and earn some credibility before you ask people to do something.





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  • genius
    05-02 03:03 AM
    Hi everyone,
    Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).

    Please help!!


    Thanks in advance!!!



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  • Better_Days
    04-29 01:27 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".

    It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.

    If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.

    @kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)

    The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.

    Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.





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  • GKBest
    08-20 03:56 PM
    This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.

    Think of other ways to get even with him.



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  • Macaca
    08-31 05:46 PM
    There is a blog attached to this article. Please follow up. Already, there are 72 comments.

    On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!





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  • makemygc
    07-08 01:41 PM
    Nice coverage by immigration-law on Gandhigiri:-

    07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco

    The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!



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  • nrk
    11-03 12:08 PM
    Hi Shirdibaba,

    Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.

    1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.

    2. Find out from attorney if he charges any fee for this. If so please don't go with him.
    take an info pass and find out the details.
    This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)

    Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.


    Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
    The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...





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  • anura
    04-29 02:53 PM
    Why are we rambling on and on about this? There is absolutely no connection between India buying fighter jets and immigration. That was what the OP wanted to know. If the immigration processes will get affected because India excluded Boeing and Lockheed. There seems to be no connection between the two issues. Period.



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  • dilber
    06-04 05:48 PM
    class action lawsuit?? for using up too many visa's too fast?
    wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D

    Seriously, I would be very very happy they are for a change working really fast so no wastage of numbers this time around. common guys don't you think is it good for us over all. may be we will not see some movement for some time but at least you know that we are not suffering because of USCIS's inefficiency.





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  • meridiani.planum
    06-04 05:32 PM
    Ron,
    "
    E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
    Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
    "
    How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????

    I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]

    Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.

    Well, if they do broke the law, can we do something about it? Like class action law suite???

    Let's see if they did, first.

    class action lawsuit?? for using up too many visa's too fast?
    wow. for once (& only once) I feel sad for USCIS. They are damned if they do, and damned if they dont. Usually all talk of class action lawsuits have been for visa numbers that they wasted by approving too slowly. Now another one for going too fast... :D





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  • mundada
    08-07 05:59 PM
    Can you back date your marriage during marriage registration?





    kaisersose
    05-29 06:02 PM
    With due respect, please refrain from posting pessimistic rants originating from unofficial sources. This may be true, but common sense should tell everyone to wait for such news to come from official sources.

    These are things beyond our control. Best not to get anyone's panties into a bunch over such news. If the GC is not possible, that is still OK. Move back to the country of origin and life will go on - thoug not as planned.

    The last thing we should be doing is whine about our troubles.





    kaisersose
    08-24 10:42 AM
    I still don't get it. There are around 300k AOS applications now pending. Given that there are only 10k EB based green cards for India, and I am sure there are more applications than 10k for FY2008 and still Visa bulletin for Oct indicates a date of Apr 2004. Should it not be "U" for the entire FY2008?

    No.

    There are 2 agencies involved here - DOS and USCIS. Visa numbers and cut-off dates are owned by DOS. 485 applications are held and processed by USCIS as and when visa numbers are released by DOS.



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