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  • looneytunezez
    06-11 12:49 PM
    Sent message to my senators (CA).





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  • tikka
    07-03 10:35 AM
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  • ca_immigrant
    07-13 11:18 AM
    This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

    Indication that EB2 India will get huge numbers...this is just explanation as to why:)



    be ready next month my friend.


    -:)





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  • actaccord
    03-14 05:54 PM
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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.





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  • pappu
    07-03 04:38 PM
    There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.

    If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc

    USCIS does not read our forums and will not take action from a forum post.

    If you see something wrong, and you feel strongly about it, Do not let it happen.

    In hindsight I think we should have done it for labor substitution too.



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  • crazyghoda
    01-30 01:14 PM
    What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?

    I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.





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  • sanju
    04-04 03:47 PM
    if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down

    That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.

    And, even if the bill would do that you have said, how would it help speed up the green card process?



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  • coopheal
    04-11 05:11 AM
    EB3-I won't retrogress back to 2001 again. It will keep moving forward at slow but steady pace.

    And you inferred this from EB3 Mexico becoming Unavailable in month of May.





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  • RNGC
    02-19 11:35 AM
    Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:

    "(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."

    Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.

    So, stop sending those letters opposing this bill, and instead let's support it!!

    well said Jaime...We should support this bill..



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  • abc
    11-20 11:40 AM
    5+ yrs, no promotion, pennies as salary hike(once reduced in 2001).

    I have decided to break this GC CHAKRAVYUHU.





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  • murali77
    08-06 07:38 PM
    Hello Gurus.

    My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

    My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

    Appreciate your inputs.

    Thanks
    Mo



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  • rajarao
    10-30 01:24 PM
    I hope the 70 is not correct. I sent in the FOIA request (notarized) and also mobilized few of my friends. The number 70 is incorrect, because it does not allow me to vote there, otherwise I am sure it would be atleast 71.



    I'm surprised only 70 members are interested in accurate prediction of future VB movements, and orderly processing of 485 applications instead of the current random lottery!

    It would help lot of us make informed decisions if we were to know how many are in the queue and how long we have to wait.We can spend much of the wasted Tracking, VB prediction time with our families. Don't you think it's important? And that your time is too precious to be wasted over such pursuits?





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  • bigboy007
    06-30 06:54 AM
    Good question are u talking about G325A i dont know whether this is the right way but what i did is filled up another form with rest of details in table col as you might need to do this 4 times as they need four copies of same form , dont copy it though as bottom left no.s differ , may be others can suggest a better approach?



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  • dummgelauft
    08-21 02:53 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.

    You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
    You are telling us about this 500.0 lb obese person whom you are "caring for". Let me tell you something, USCIS does not think twice about separating babies from their mothers and wives from their husbands, if they find out that law has been broken, so, say what you want. You are here illegaly and everybody here will tell you the same thing. Get your self back in to Canada.
    Nobody FORCED you to stay here You made a choice, based on compassion on whatever. If that is still your position, then be prepared to pay the price. If you leave now, you can come visit this "family" of yours once in a while BUT if you get deported, forget it. There is 10 year ban on you and even after that, you will NOT be let in to US.

    This is the hard truth, take it or get off this forum.

    Admin, this poster should be deleted.





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  • unseenguy
    05-27 07:57 PM
    I have sent exact size photocopies to USCIS all times, no issues. Never ask for help in Kinkos for photocopy, DIY.



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  • ek_bechara
    10-15 02:37 PM
    I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is XYZ. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.

    Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.

    I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.

    I believe we are educated and sane people, so lets start doing the right thing.

    Enough said.





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  • logiclife
    01-30 04:01 PM
    Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.

    Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.

    Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.

    And yes, desi companies hardly follow the rules and bend/break them every day.

    And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.





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  • abhijitp
    07-25 02:29 PM
    http://www.google.com/answers/threadview?id=559556

    If an applicant for adjustment wishes to take a new job in the same
    or similar occupational classification at the job that was the basis
    of his or her employment-based I-140 AND the I-485 has been pending
    180 days or more, the new employer may be substituted into the
    existing I-485 application without disrupting the application at all.
    This is accomplished very easily - NO new petition and no new fees.
    Step 1: The applicant notifies INS of the change in intent by letter.
    Step 2: The Service should then make a request for a letter of
    employment from the new employer.
    Voila! Done deal."
    http://www.ilw.com/articles/2001,0705-Latour.shtm





    gcisadawg
    03-09 12:45 PM
    China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!

    India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!

    China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.

    EB3 ROW has been retrogressed as predicted in Oh's website.
    All non-India EB3 are at March 03 now....
    Will they keep them at March 03 for few months and give a bump to EB3?

    Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...





    anilsal
    12-13 01:22 PM
    Having a FAQ with links to discussions held in the forums may be the answer.



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