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  • go_gc_way
    01-18 04:20 PM
    we need some more members to keep this effort stay ignited. This effort has helped us get several hundred members in the past few weeks. Pls continue to help. It will only take 15 min of your time.

    Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)

    Several hundred members ... only about 50 posts !!

    That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.

    Extraordinary effort perm2gc and others, please keep it up !!

    Members , give it a thought ... give a free gift, more the members ...best our efforts.





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  • gc_on_demand
    11-11 09:32 AM
    I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.

    Dont forget that we may have Lameduck session soon.. May be 16th.. and it will be very short .. becasue of thanksgiving and holiday seasons coming ahead.





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  • seeker999
    08-11 03:23 PM
    August 15th being Independence day.

    In lot of cities we are having India day celebrations. Especially in Major cities. Senators are being invited. We should take this opportunity to explain and leave a flyer or something. One such example is

    Welcome to India League of America - Michigan... (http://www.ilamichigan.org/events/index.html)

    I will be there and make sure the voice is heard. Do we have any standard document or something.

    I personally know that almost all congress men call and ask the presidents of these organizations what is it that your community needs...so this will be right opportunity to push the presidents and the politicians of these organizations...

    Just my thoughts...





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  • tjayant
    11-21 09:45 PM
    Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485



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  • setpit_gc
    04-22 02:15 AM
    Hi

    I am on H1 and have approved EAD.

    Do I need to send H1 copy or EAD copy along with other documents for AP renewal?

    Thanks for your help!.





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  • pbuckeye
    02-09 10:46 AM
    i guess he is talking about your case a)...
    although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....

    and he does post some useful data (remember the recent backlog data he posted before they officially released it).

    anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)



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  • snathan
    03-10 08:52 PM
    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.

    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.





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  • bheemi123
    10-03 01:33 PM
    My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.

    We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.

    What other options do we have?

    Thanks

    that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....



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  • delhiguy
    07-09 04:05 PM
    Delhiguy,
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.


    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.





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  • god_bless_you
    12-13 07:40 AM
    Whats the advice on this from core group?
    can we start mass web faxing USCIS for rule change?



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  • kshitijnt
    01-31 05:35 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    In case of a dependant 485 there is no requirement to be paid on EAD.





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  • Dhundhun
    07-13 11:48 PM
    I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.

    Unfortunately, i don't have the link, but I will post it if i come across it.

    My case (I485) is with NSC. The e-filed EAD renewal also got LIN number, but (may be due to load distribution) it is being handled by MSC.

    Does this imply everything will be handled by MSC instead of TSC? I think source article is needed to analyze, what is happening.



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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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  • Hermione
    09-26 10:44 AM
    [QUOTE=BharatPremi;173398]Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]

    Yeah, and everyone is out there to get you.

    Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.



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  • desi3933
    07-09 04:42 PM
    Certainty is related to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."

    Would you mind quoting the actual law then?

    Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.





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  • Jaime
    09-10 12:15 PM
    You have contributed 1000s of dollars to Social Security and if you don't fight for it, anti-immigrants will kick you out of the U.S. by frustrating you to the limit, and your Social Security money will go to fund Lou Dobb's retirement and that of others, except yours!



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  • plassey
    07-23 07:00 AM
    You are one of the biggest "CROOK" I have seen in recent times. Just by writting rubbish does not makes u a real senior member. Most of the advise you have been giving to people are simply WRONG. For example in this case two visas?
    If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.


    Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B

    Please clarify





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  • snathan
    04-06 08:23 PM
    right..ok..today at work I heard from my colleague that his friend was sent back from airport

    My colleague's friend's story.
    Went to india for 3 weeks vacation..at POE, officer called his employer and asked "do you need him(a H1B) to work for this position? Cant you find any US Citizen?".

    Apparently, the response from employer ( I think Desi consulting)is, "Yes..we dont need him..can find a USC"..

    The poor guy is sent back.

    Now, I asked my friend to inform his colleague to come forward and post his story at IV..but I doubt if he cares Rat's as** now that he is kicked out.

    hmmm...I have a travel coming up in Nov/Dec...with all adventurous luck going on with me, I have other plans now :confused::confused:



    hmmm...strange. I heard the same story from my colleague. He said his brother was in airport and one guy who returned from India after vocation asked why he needs the H1B. The IO called his employer/client and asked if he can be replaced by USC/GC holder. The employer responded Yes...So he was sent back...

    Is it just coincident or new kind of rumor...I was thinking it might be possible. Afte reading your post...its confirmed. Its rumor.





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  • prioritydate
    12-20 04:12 PM
    "...I dont think you need to worry.. for you knwo what I am saying ..."

    this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o


    May be hilarious for you, not for me. You would understand the situation if you were in my shoes.





    Jaime
    09-10 04:32 PM
    We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!





    jcgc
    02-21 03:18 PM
    Dont rely on tracitt. no one knows how many report there. It is not scientific or true. For right numbers, anlyse the DOS report for each year, if you hva more time.

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Well that is the only available source. The DOS reports will tell you how many numbers have been used up historically. But they don;t tell you what USCIS has on its plate still pending right now by PD. And as far as i know, is the best option.



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