Wednesday, September 21, 2011

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  • lacrossegc
    07-11 02:20 PM
    My details:
    Case # D-05175-8nnnn
    PD : 13th January, 2003
    SWA: WI/Non-RIR/EB3
    Never made to Regional
    45 Day Letter Recd & Replied: 05/2/06
    Job Posted on AJB: 04/12/07
    RI Received: 04/17/07
    Recruitment Period: 04/27/2007-05/28/2007
    Recruitment docs submitted: 06/28/2007
    BEC Online Status: In-Process





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  • nixstor
    07-04 09:33 PM
    [QUOTE=nixstor]Excellent analysis but it does have flaws

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    "Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"

    On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.

    USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...

    Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.





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  • feedfront
    10-05 03:10 PM
    Hi Guys,

    My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.

    Vgayalu: After how many days did you see an update after you sent the response to the RFE.

    Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!





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  • justAnotherFile
    07-24 01:28 PM
    no offense meant..

    .. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)

    I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.



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  • 24fps
    02-19 07:42 AM
    this bill will never pass at-least in the next 2 years! i can give you a guarantee on that!

    these are just bills that the politicians introduce to showcase their views , there are already a few bills in the house that would eliminate extended family immigration etc, never gonna happen

    no immigration bill is going to pass before 2010 ,and even after that it'll fall into election time
    and become a political issue like in 2007

    if there was no recession there would surely have been a serious immigration bill doing the rounds and would have pretty much cleared through ( after GOP figuring out that their screw up on CIR 2007 cost them the elections) but now with the F**K**D Recession everythings gone down the drain

    Bad luck Bad timing





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  • spicy_guy
    07-13 06:38 PM
    August 2010 Visa Bulletin – EB-2 and EB-3 Substantial Forward Movement (http://www.cilawgroup.com/news/2010/07/13/august-2010-visa-bulletin-%E2%80%93-eb-2-and-eb-3-substantial-forward-movement/)
    "
    Forward Movement Is Temporary

    Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.

    Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
    "



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  • nlssubbu
    09-24 01:52 PM
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    PLease advise.
    Thanks

    I do not think that copies of DL is necessary. Please double check with your attoney before sending them.





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  • mariner5555
    03-04 05:27 AM
    Instead of criticizing the idea, please submit your votes!
    Only 300 odd people sent flowers to the USCIS and we know it worked. This site has a lot of one time visitors so don't expect 25000 votes, but it does not mean this idea is crappy. Heck, I want to buy a house myself, but I cannot even think about borrowing 300k+ when I may be asked to leave the country on a day's notice (remember no time between jobs when you are on H1B).
    I agree with the above !! an idea is like a spark ..once one media picks this up others will follow and you never know what it leads to. opposing an idea is Worse than doing nothing. BTW the way things are going ...GC may soon lose its grand appeal (it will still be in huge demand though ). the following article is a must read - if you have few minutes to spare --written by prominent economist. maybe a worst case scenario --but as scary as a horror movie
    http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D&dist=MostReadHome



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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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  • ramus
    07-04 08:20 AM
    Veerug,
    I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.

    Hope this makes little sense.
    Thanks.



    I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.

    I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.

    I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?

    Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?

    Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.

    Veeru

    I will sleep less stupid tonight!!



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  • sathyaraj
    03-07 12:16 PM
    I have sent the required employment letter to my HR. Let me see whrther they will sign it or not. I am hoping for the best. I have waited long to change my employer. It have been with them for almost 7 yrs. I am hoping for a big change.

    The funny thing is that they are doing my H1B transfer, but still worried about this letter. The HR contact I have does not have much idea about these H1b/Gc process. He gets scared for everything.

    Hopefully everything would work out well.





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  • sam2006
    04-05 12:03 PM
    I have done it also
    response were good from the staff members

    5$ per person who calls and posts his message here
    i know all the consultants and IT are busy
    please do it for a greater purpose in life

    5$ per person from today-2morrow



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  • mariner5555
    03-12 01:38 AM
    Please see the following thread
    http://immigrationvoice.org/forum/showthread.php?p=229630#post229630
    Way to go Singhsa3 ..I for one strongly believe that this has the best chance. I guess in simple terms the world functions in the Give and Take theory. the chances of success are more when both the parties have something to gain. at the very least we (immigrants and IV) would get more support (at the minimum donations, ads etc) from builders realtors dealers etc (if they become aware of this) ..even the latest campaign for admin fix would have had more chance of success if the above had been included. let me know if you want me to help in any way ...





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  • stucklabor
    07-24 02:15 PM
    JCmenon,

    No offense taken.

    But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.

    And it is sad that you think that voicing your opinion will get you banned from the IV site.



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  • mallu
    02-17 01:03 AM
    .... African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.

    ...
    A better example would have been the civil rights movement by Dr. King .





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  • sanju
    02-03 05:12 PM
    Guys we need to see the staff of 4 people. Congresswoman Zoe Logfen, Senator John Cornyn , Senator Arlen Specter and Senator Gillibrand. I have spoken to the offices of 2 of these Lawmakers, and they have always shown the understanding of this issue. as you may know recently elected NY Senator Gillibrand mentioned about 'some country people waiting for 8 years', this tells her understanding of the situation.
    I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
    also please suggest on conferencing facilitie..

    Thanks

    Whatever you do, do not ask Senator Cornyn to sponsor anythiong for us this year. He has been our champion in last 2-3 years and he is a great guy. But right now, democratic majority is very pissed off from Senator Cornyn. And anything Senator Cornyn sponsors/cosponsors will never get done in this Congress. Watch the news about Senator Cornyn carefully, and you will know what I am saying. Stay away from him, and if he says he will sponsor anything for us, request him not to, if you want to get anything done.

    And BTW, the folks you are listing have already supported our provisions in the past, other than the incoming Senator Gillibrand. The important thing is to get the support of the Democratic leadership. Without leadership support, it won't anywhere.

    .



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  • saimrathi
    08-15 04:02 PM
    This is already on another thread..!!!

    http://immigrationvoice.org/forum/showthread.php?t=12391





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  • coopheal
    03-19 03:05 PM
    Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.

    I hope this happens. :)





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  • sent
    07-24 04:52 AM
    My Lawyer says there is no need of such letter to be included and filed my papers and confident about getting that approved. I'm much worried and don't know what to do If gets rejected.

    Sent an email to my lawyer again and waiting for his reply.

    Any clue How to handle this?





    kaisersose
    07-14 05:56 PM
    Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?

    Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.

    Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.

    Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.





    neelu
    12-27 11:33 PM
    Also everyone viewing and helping on this thread, please help bring ONE member to IV. I was able to easily add three members in the two weeks since we started this campaign.

    All we need YOU to do NOW is add ONE member.

    Please help in this effort, which in turn will benefit you!

    Thank you.



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