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Friday, June 17, 2011

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  • GCKaMaara
    10-15 01:23 PM
    Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.

    How do we discuss with core team? ItIsNotFunny or GCOP are you chapter or something?





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  • arunmohan
    06-06 05:22 PM
    Enjoy your green life. We don't know when we will see approval for EB3 India.





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  • unseenguy
    08-22 09:03 AM
    luvschocolates: Ignore what everyone has said and do exactly what is written on RFE you got. If you do not do it, your 485 will be denied and you risk deportation if you do not do what USCIS has asked you to do. They are very powerful and I hope you understand this.

    If you are not able to afford it by money there are volunteer organizations that will do the medical exam. The medical exam will cost about 300-400 $ but you can reduce the cost by taking shots at public hospitals/facilities and by taking help from volunteer support organizations.

    Also if the family of the person you care for really loves you, they have to understand that this is the cost of keeping you to take care of the person. So they have to pay. I know you dont want to ask them for money, but talk to them , they might be willing afterall.

    You also need to prove evidence of valid entry. Do you have a copy of your original boarding pass , airline ticket etc? When you entered US through airline, they would have given you a green I-94 W card. A small green card to keep as a proof. Do you have that? If so send in the photocopy of that. If not , for the nerdy institution USCIS is, your chances are slim, so you will need to consult an attorney.

    Again, there are volunteer organizations that help people who can not afford costs. They should have local presence wherever you live.

    Do not listen to the mean attitude of guys on this forum, let USCIS be the judge on your case and not the guys on this forum.

    Now hurry up and start getting the paperwork done. You do not have much time to respond.





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  • coolmanasip
    06-19 03:09 PM
    My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....



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  • diptam
    09-28 10:09 AM
    We have given some our most energetic and productive years of life in this country. We paid taxes,we spent money here,we got set with the way of life and peoples here.

    There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!

    At the end of the day, its comes to ones preferences.

    The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.

    Pros and cons will be everywhere.
    India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.

    I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.

    Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.

    Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.

    I will like to ask everyone one question.
    Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?

    Folks think about it.

    I am sorry if i offended anyone, but this is what i feel.

    I believe in fixing things then running away from them. Thats my take.

    GO IV GO
    TOGETHER WE CAN





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  • McGuffin
    02-23 02:17 PM
    Yeah, I need a set done date, I might not be able to get this one done.



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  • nc14
    10-19 11:03 AM
    Sent mine on Saturday.

    Keep this going folks we need to help ourselves.



    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    11.
    Question: We have a number of date availability questions. They are:
    a.
    What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
    Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
    (OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.





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  • abd
    09-14 03:02 PM
    Here is detail. i changed job based on AC21 portability. Did not file papers.

    Please note that it is imprevative that timely response is necessary to ensure continued processing as visa is currently available for your case.

    A review of service record indicate that a form I-129 peition was filed on your behalf by "Previous Employer COmpany Name" was revioked on September X, 2009 . Therefore it appears you are no longer empployed by intended employer according to form I-140 immigration visa petition filed on your behalf.

    Please submit a list describing your employment history since your last lawful admission to US. This list should include name and location of each employer, job title, and duties, educational /training requirements, dates you held each position and salary/wage paid. The list should be supported by documenary evidence which establishes your employment history.

    Additionaly,you must submit a currently dated letter from your intended permanent employer,describing your present job duties and positioin on origanization, your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.

    Important: if you will no longer be employed by the original form I-140 petitioner, you may still be eligible to adjust the status under the visa portabilit provisions of section 106(c) of the Americal Competitiveness in the 21st Century act(AC21). Public Law 106-313. This legislatin permits certain adjustment applicamts to chnage employers without filing a new immigrant visa petition, provided they are

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a((1)(D)) and
    The application for adjustment has been pending for more thna 180 days and
    the new permanent position is in same or similar occupational classification as original employment.

    If you cliam such eligibilty, submit a letter frm new permanent employer, describing your present job duties and postion in organizatiom your proffered position(if different from current) , the date you beagn employment and the offered salary or wage. This letter should be in original and signed by an executive or office of the organized who is authorized to make an offer for employment.The letter should indicate whether the terms and conditions of your employment-based visa petition (or labor petition) continues to exist.




    :) Working with attorneys to get the papers ready....



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  • spicy_guy
    08-11 05:57 PM
    Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.

    Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
    We need focused efforts.

    Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.

    What say you guys?

    Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.





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  • eb3India
    06-12 06:58 AM
    so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue

    he does'nt even know we exist

    CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,

    we certainly don't need sweeping legislative chance to reduce retrogression



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  • rodnyb
    04-11 01:05 AM
    I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?

    If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?

    Man, we paid for all these, and they even didn't blink...

    Here, DOS has a bigger role than CIS...

    Here is what I think; possible answers/comments. I am not an expert but am thinking following:

    1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.

    2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.

    3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.

    4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".

    The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.





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  • rockstart
    03-10 11:07 AM
    Guru's

    I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.

    The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code

    15-1051 Computer Systems Analysts
    Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.

    But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?



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  • fromnaija
    07-23 05:19 PM
    My lawyer also submitted my 485 without the employer's letter. She maintained that since I currently work for the petitioning employer, it is not required. She only submitted my pay advice.

    Thanks much for your time! We already applied without it.
    Lets see... I don;t have much in my hands other than waiting....





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  • SunnySurya
    07-28 11:55 AM
    This is going to be my last post because I think you are just trying to incite anger. You don't even know what you are talking about. I will recommend admins to note the IP address as they may need to give it to the authorities.

    Can you state your source "It is second highest next to Iraq"

    Your are forgetting the places like Dafur, Somalia etc..

    Have you read that casualties in India is next to Iraq? more than 3000 people died in India due to this. It is second highest next to Iraq.



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  • nixstor
    07-05 03:00 PM
    Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.

    This is a perfect example of how an argument can be twisted and turned around. So you would prefer Pappu or 3 other members to have a funding drive for ever instead of having a constant flow of money? No one questioned the intentions of core members or people who started the website. They not only started this as a place where we can discuss issues, but also as a place where people in similar situations can come together as a community and contribute towards the cause. The contribution is both monetary and personal time. Both grass root efforts and lobbying will bring success. I personally, (who has been vocal on the thread) am not agitated that I am paying and xyz is not paying. People do not see a need to pay for IV because they are getting what they want. Every one on their heart of hearts know what kind of platform we have built here and without $$ it all means nothing. An hour before I spoke with a NPR news reporter and she asked me if I were calling on behalf of IV as soon as I explained the VB fiasco. Its our choice to support through contributions or to undermine the main agenda of the organization.

    Do not try to sell the point that we will lose membership if we make it paid, atleast to me. As I said before, people have come over to IV when hell broke loose time over time. I do not see a reason why they would stop coming. We are highly skilled but not very well endowed financially. What can we do other than lamenting about our personal choice instead of coming together as a community?





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  • 485Mbe4001
    02-20 03:20 PM
    looks like there no hope for EB3 India to move further :(



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  • perm2gc
    01-10 09:28 PM
    http://chat.lawinfo.com/showthread.php/waiting_your_green-16034/index.html?p=28810#post28810





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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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  • vamsi_poondla
    09-26 12:36 PM
    Excellent coordination...





    zen
    03-29 10:32 PM
    Please pardon me for my ignorance but why is that every admin fix will work with money in this country?

    Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)

    I could recall that July '07 fiasco has been fixed without we donate anything.

    Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?

    These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?





    boreal
    07-12 06:00 PM
    the current 485 processing dates for both NSC and TSC are in July'07.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    which means, processing of all the 485's with a PD before July'07 are completed and ready to be assigned a visa number.



    Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?



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