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delax
07-14 08:01 PM
Yes. I VOLUNTARILY exclude myself from any such potential benefit. :)
I am surprised by the defence of this lawfirm in most of your posts on this forum.


And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"

By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".

Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
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Libra
09-26 12:10 PM
No, dont worry about it, it's proved that together we can do anything. so please unite and work for our cause.

She changed the article, but shouldn't we ask her to apologize for misinforming people???
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EB2_Jun03_dude
04-25 04:52 PM
Congrats!
Could you please tell us what those job titles were, starting from the original one?
Thanks

The original LC title was 'software engineer',
first AC21 job: 'Senior Consultant'
second AC21 Job: 'Senior Developer (AVP)'
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Dakota Newfie
07-02 07:50 PM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
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Saburi
03-09 03:25 PM
Hello Friends:

As i was expecting, this happened exactly like that its nothing to be shocked of when some thing does not move for 4 months in a row for EB3 I then what do you expect to get this move so fast looking at the patern right now i think the next month and for the next 3 months atleast it will be the same dates and if we are lucky then it might move and be Dec 2001 after few months.

My PD is Dec 2001 6th Dec 2001 to be very exact so may be after Jul 2009 my PD will be current but look at people who are EB3 I and thier PD is 2003 to 2007 forget about GC this 10 years, unless there is a big releaf given by Mr. Change (Obama) which is unlikely to happen atleast for 2 years from now as he has lot of other important issues to resolve such as terrorisim, Economy, and much more bigger issues.

The only way we can make somebody look at us is having a big protest on the streets of Washington DC and doing some massive campaign such as writing to Obama, just imagine if every one of us writes to Obama about our pain there will be atleast 500000 letters or email he might be receiving with a big rally in Washington, this might make this look like a big problem for everybody even Mr Chnage will have to pay attention to this we are not asking for amnesty or favaouring Illegal immigration and i am sure every body will agree or atleast won't dis agree to the fact of our demands to get more visas or atleast have the recaptured visa make available for EB3 I.

I am not a big time voluntier or have participate in any rallies so far but would not mind to do if this could resolve everybody's problem, as mentioned above my PD is Dec 2001 and would be very soon out of this atleast would not have to wait for years and years for this PD to be current but the cause of doing this is once i get my GC i will be not visiting this site more frequently, and the number people in this forum will be far lesser that what we are now, atleast 500000 people.

If this does not sound a good advice please excuse me but if this does sounds good please if somebody can draft a letters and post it so everybody can email this to the president.

And please do not ask me for any contribution finialcailly as i am broke and tring to recover from my debts, finally have got a secured job but since its a bad economy not getting paid much that i can contribute any dollars towards this nobel cause.

As mentioned earlier please forgive me if this sounds too lenghty and stupid to even read this.

Best Regards

Saburi.
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unknown123
03-12 02:14 AM
I support.. I've contributed earlier and will contribute again.

I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......

Visa re-capture is one (or may be the only one) solution of above problem.

Just my thought
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leoindiano
03-17 10:58 AM
Yes, mine was in Philly BEC too...which was approved in 2007 January.

But, there was quite a few go lucky people whose labor was getting approved in 30 days state, 30 days federal until that time. thats why i took 50-50 probability.
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vdlrao
07-18 11:44 PM
Hi Gurus,

My PD is Dec06 EB2, do you have any guess when I will be current.

Thanks

Assuming you are EB2 India with PD Dec 2006

Best case your case will be current : 4 months
Worst Case your case will be current : 12 months, but not more than that.
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dankusam
12-12 09:39 PM
Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?

Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?

Thanks much!!
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imv116
04-02 03:59 PM
I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.

It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.

Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.

They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.

At the same, contracting, consulting is all about this. When no party likes, they can always let go.

-the116
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fcres
07-24 04:48 PM
Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
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kumarc123
07-18 01:51 PM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


This EB2 movement of 2 and half years is just a first step by DOS.

Vldrao my friend I agree with you on that statement, their might be a small change in dates,it could be stagnant for a mild time. But eventually the dates will move fast, as USCIS wants to avoid any type of wastage of visa numbers and reduce the backlog.

It doest not make sense, that in order to clear the backlog USCIS would need to further retrogress EB2 dates in the future. It is like saying 'take one step forward and then take one step back, end results is you stand at the same place"

I Give you a green dot for it
Thanks
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ramaonline
12-26 01:40 PM
there is no concept of employee transfer after 140 approval. once u get 140 approved u can get 3 year incremental h1 extension due to retrogression- portability is also allowed during these 3 years - so u can join any employer. (h1 transfer) also note that if ur current employer does not revoke the 140 u can retain the PD and use it for a new gc application with a new employer, else u must start the LC-140 etc process once again.
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bheemi
07-24 09:43 AM
IV core team:
Can you please respond to the possiblity of questions raised by rpatel.

thanks
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delhiguy
07-04 08:03 PM
Excellent

I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

Now lets come to July Visa bulletin mess.

Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

 If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

 Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
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GCapplicant
07-02 11:32 AM
Let's try this.
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gcformeornot
03-16 12:52 PM
think IV membership should be vetted. Only way to stop fools like these.
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minimalist
04-03 09:59 PM
tens of people who come out and attack them on why they need money all the time. But they still go ahead and do it. The reason being for every 10 who ridicule the idea, there are 20 who support it.
I really admire the perseverance the core shows in moving forward.

If everything seems to be tied to donations, this is because everything needs money. You know ,keeping up this website needs money. Lobbying needs a lot of money. The other day, some one pulled the info from a public website and said 500,000$ have been already spent on lobbying. I am sure more than 90% is probably contributed y less than 5% of the members. I am not one of those 5% even remotely.

Ignore teli and Sanju. You donot need their express approval to move forward. You know why they pick on you ? Because tyou just come and expect to be welcomed as heroes for any idea you have. You need to earn those stripes, then people will follow you.
Tak one Idea. Do something with it. YOu may not get a positive result in the end , but your effort will be appreciated and people will be more receptive to your next idea.

o.k. ..I will first tell the issues which are preventing me from doing what you say.
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).

everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
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prince_waiting
10-20 03:25 PM
Choose your pick fellow IVians,
On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.
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spicy_guy
07-27 05:29 PM
Guys (and guns),

Need a suggestion on finding a job!

My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.

She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.

From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.

I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.

So what do you guys suggest?

Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?

(I don't see so many job openings for freshers / juniors. Very very limited.)
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dreamgc_real
07-13 08:43 AM
Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



can it be done without the help of an attorney...????

Check out the USCIS site: USCIS - Application to Register Permanent Residence or Adjust Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D)
You can download the form as well as the instruction to fill out the firm.

As for filing it on your own - depends on how confident you are in your abilities to follow the instructions!!!!!!!!! Just kidding... Try filling the form on a copy.........
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