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  • pani_6
    08-21 10:18 PM
    Yes..OCT bullettin holds the key to EB-3..if its bacck logged..then EB-3 call SOS and port to EB-2..none else will work


    I have read it in Ron Gotcher's forum that what Sept bulletin talked about was only for Mexico and people should not mix it with EB-3 India. Also Apr'2001 was the PD given to the asylum(245i) cases by the Clinton administration. But with dates moving to Nov'2001 I believe that hump have gone past. My personal belief is EB-3 India should go around Jun-2002. But In case it remains in 2001, EB-3 Indians should take some drastic decisions. You may call me pessimist but I don't see any help coming from the congress, rather there could be some weird irrational decisions which could leave us paralysed. There are more foes than friends in the congress and lawmakers do what there pupil tells them to do. Right now the under current in US is anti immigrant..





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  • cram
    06-21 01:37 AM
    Endlessloop wrote:

    If an employer files for your green card and you do not work for the employer, it is considered a visa fraud. Also, you have to wait for 180 days after applying for I-485 to be eligible to work for an employer other than the one who filed your labor.

    Since you are in the country illegally, it would probably be faster for you to get permanent residency if the new immigration bill passes.

    Everybody here is on common grounds. We are all in this forum to help each other with only one objective: to obtain our green cards. There is no need to make assumptions to make each other feel bad. With all we have to go through with the retrogressions and whatever comes with it, this is the last thing we need. AND...No, sorry to disappoint you but I am not in the country illegally and I don't intend to commit fraud... is that clear?????????

    When I filed my I-485, the letter/job offer of my employer stated that the job will be open for me as soon as I get my green card. So when I get my EAD in 3 months, what am I going to do with it if I will not be working for my employer yet.

    This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC.

    so ... will this answer my question?





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  • rodnyb
    04-01 12:32 PM
    Teddy, I agree some of your data. Mine would be (90% confidence level)
    EB1 (16K this year, conservative based 12K-24K possibility)
    EB5 (8K, has been consistent)
    EB2 ROW (10K, last year only 9K, and EB2 ROW has been consistent)
    EB2 I/C 6K
    Total 40K

    EB3 porting 6K, ppl missed the 07/2007 w PD b/4 07/2007, 1K

    EB2 I/C inventory at the beginning of Oct. 2010 (since we calculated based on normal EN2 I/C 6K, 5800 exactly). 34K. DOS show 32K while CIS inventory showed 34.8K, and we should have some approvals for ppl filing who missed 07/07 w PD b/4 07/07

    So it looks like it can just clear all 07/2007. WOW.

    I am sure DOS and CIS have better communication now, and they should.
    The Million Dollar question will be
    1. DOS will have to release some visa number early, if they don't want to waste visa, considering CIS can only approve (say 8K per month even with pre-adjudicated cases)
    THAT IS WHY THEY WERE SAYING MAY. And the EB1 trend takes some time for them to declare it, mostly EB1 India bodyship crack down from late 2001.
    2. DOS/CIS will consider those in approvals
    a. There will be new filings EB1 EB2 ROW, EB1 I/C who missed 07/2007 w/ PD b/4 07/07. BUT processing time is about 4 months, so they could and must file in May to get it approved be end of Sept 2011 (fiscal year end of 2011). THAT IS WHY THEY WERE SAYING MAY as well.
    b. After May, they will have good idea of 2a (EB1 EB2 ROW, EB2 I/C) total approvals this year. So in June July Aug. they will approve (EB1, EB2 ROW, EB2 I/C) who filed before end of May, and ALL REST NUMBERS (ALMOST CERTAIN FOR DOS/CIS at that time), AND START EB2 I/C SPILLOVER, maybe divided by 3 MONTHS, or FRONT LOAD
    c. AUGUST, CRITICAL MONTH. HOPEFULLY they still have some numbers left, and DOS has to consider if CIS can approve enough to usa all visa numbers (NO WASTE please). SO they may give some buffer, HOPEFULLY say 9/8/2007. REMEMBER, they learned lesson, so no CURRENT. ALSO, they can take in applicants and don't have to approve in AUGUST.

    I would say PD for EB2/I in SPET/2011 would be
    100% pass 05/31/2007
    80% pass 06/30/2007
    50% pass 07/31/2007
    30% pass 08/31/2007
    0 pass 09/31/2007

    AS FOR FREELOADER THINGS, I have no idea I was banned for posting (just b/c I said one fact before? There is another blog out there?)

    ALSO, all visitors ARE NOT FREELODERS, for god's sake, they may click your ads, ask good questions, write good analysis, share good information (they spend the one most valuable thing in life in those forum, and those time they cannot take back!). IT is a community, there are issues, as all communities, the MOST important thing is to grow and unite, not divide and conquer.

    HAVE a great weekend, and keep the hope. GOOD luck for those warriors in DC!!!! THANKS


    I believe that we will get 14-15K from EB2 ROW, EB1 = 12K (currently) + 6K (Minimum), regular cap I/C 6K. Eb2 row usage is down to 60%.

    Total Numbers = 14 + 18 + 6 = 38K.
    Now total demand is not just 34K demand data we also have porting and new filings especially from May - Jul 2007. My assumption of porting has been 6K out of which 2K have been approved.

    So really its almost an exact match till Jul - Aug 2007. We should wait for the May bulletin thing to come true firts I believe VDLRAO gave a great calculation for that.





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  • veeru123
    02-21 05:35 PM
    My H1-B was extended in October 2007 for three more years. My wife went to India and is going through this PIMS BS now. Chennai Consulte applied on Feb 6th. Some cases listed on this forum are scary as hell. Called the VFS office, all they say is they have not received the pp. After four days got the number for the consulate from VFS. Calling them daily. Same story, with each passing day, I could sense the increasing irritation in the voice of the consulate personnel to my questions. I wish I could talk to them in person and vent out my anger. This afternoon I called the DOS. The number is 202-663-1225 incase anyone needs it. I explained my case and asked her if they are missing any information. The reply: No your VISA looks fine. Then the robotic answer, PIMS verification is under process.

    I think VFS should specify it on their website and warn people about these delays. Warn people about the PIMS BS and suggest that they should not make any travel plans till they are sure this PIMS BS is resolved.



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  • gravi98
    06-21 11:36 AM
    Thanks for the FAQ.

    Quick question:
    I have a EB2 approved I-140 with PD 2006. Another EB2 I-140 from BEC with PD 2005 is still pending and might take another 6 months to get approval.

    Will it be a better a strategy to file based on approved 140 (pd 2006) and later on capture pd 2005, once the BEC based 140 gets approved? Not sure whether interfiling applies for same category.

    Thanks in advance for your suggestions





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  • GCisLottery
    01-24 01:21 PM
    Fortunately I didn't have to go through all your pain before deciding never to fly via London.
    The worst airport, dumb and pointless procedures (before the "invention" of transit Visa) were enough for me to decide. I can't even imagine filling out a form and pay to pass through that horrible airport.

    I pity those who travel with kids. Those kids may never want to fly again.

    Good luck on getting the money back.



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  • permfiling
    01-08 08:13 PM
    I had a pre-scheduled appointment to meet my congressman's rep in his office today. I mentioned to him the issues and gave him the letter. He said addressing the president won't be of much use as it these fixed need to be taken up by lawmakers in the house. He said due to election year nothing will happen until 2009 as it requires legislative fixes and he expressed about the omnibus bill getting declined !

    Sunil
    contributions : $500
    Member of North Cal





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  • new_phd
    06-15 11:28 AM
    Can someone please explain:

    If husband-wife are both on individual h1bs, and they want to file, say, based on the husband's labor/I-140 application, then should they be submitting an employment letter for the husband and copy of his employment letter for the wife? Or, do they need to submit the wife's own employment letter along with his applicaiton since she is also individually employed on an H1b?

    Thanks!

    Edited:


    * Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.



    .. I think Pranju answered this question.... seems like we have to submit the employment letter of the person whose petition is being used to apply for the 485. Thanks!



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  • pappu
    06-22 03:16 PM
    My lawyer said u cannot have 2 485 petitions with USCIS.
    My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.



    Awaiting reponse from my wifes lawyer.
    ask the lawyer about specific issues that can happen if multiple filing is done.





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  • ram_ram
    01-03 12:24 PM
    That is good news.
    Thanks for all your efforts..SunJoshi.
    Guys,

    I got a letter from Cong Tom Price (Rep- GA) saying that the immigration clauses in the Budget Reconciliation Bill did not make it. But he will try to push for those clauses in the immigration bills in 2006.

    I got the same message from his DC staff, when I called to follow-up.

    SJ

    Edited by admin. No personal names please. Only screen names.



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  • Prashant
    09-10 12:04 PM
    Thanks bud!, it changed me from red to green :)


    Let me give you a green buddy and see if it changes something for you.

    Folks please call it all counts.

    .................................................. .
    $470 + made calls to all congressmen/women on the HR5882 list.

    Go IV Go.....





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  • l1fraud
    06-16 10:39 PM
    There are lot of people losing jobs because of L1. I totally agree with L1Fraud that we need to expose this racket and make sure everybody is following the rules, period....People like ganguteli must be on L1 and they will always support to continue this fraud. Bringing people on low wages on L1 is causing lot of pressure on salary and I have seen whole floors being replaced from this so called highly skilled people on L1. I'm not against immigration but against people/companies breaking the rules..

    L1Fraud - Can you post on how to go about reporting this fraud. I know you mention about ICE? Do you have a format of letter and any suggestions on how to kick start the discussions and investigation....


    Go to ICE.gov website or use the below link
    "http://www.ice.gov/about/investigations/contact.htm"

    Please find to which IO office your region is attached, call the investigations office and talk to investigator and they will direct you to the local officer/investigator. Call the local investigator and he'll arrange to have a face to face meeting and he'll direct you regarding all the petition process. Please PM me know if you need any specific details.



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  • 485Mbe4001
    08-22 01:26 PM
    please ignore the dots...the important thing is to make the lawmakers aware of the issue. As mirage mentions we should send a letter to the rep Logfren, (i have mailed the letters), we just want them to be aware that there is an issue, ROWs please send them too, you will also be impacted. Nothing against EB2's or the comments they have passed so far, we dont want to undermine your visas, the idea here is simply to make the lawmakers and DOS/USCIS aware of the problem.

    In a way DOS/USCIS have opened a pandoras box because EB3 as a whole will see slower approvals leading to a larger number of countries stuck in the process across a spectrum of countries. earlier it was mainly india, china and mexico. If visa allotment policy holds then you will see more countries getting retrogessed.


    Some one gave me this comment saying



    Show me where have I undermined IV efforts? And show me nonsensical or counterproductive posts that I have made -- that is, nonsensical or counterproductive to the cause of upholding the law (not pandering to a particular employment category/chargeability area).

    I have done my homework, and I have understood the law properly. I have time and again given logical proof, along with the text of the law, as to why EB3 is eligible get the EB1 numbers at the same time as EB2. On the other hand none of the detractors have provided proof, or material that shows EB3 does not qualify.


    And for all those holier-than-thou EB2, what is about the letter campaign to get NSC/TSC to process application according to PDs (no lawful basis for that), and asking the removal of NSC bosses and what not. You seem to have different standards when you are suffering, and when others are suffering. There is a word in the dictionary for that, look it up.





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  • DianaSteve
    05-09 11:20 AM
    Hi
    My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?

    Any help in answering my question is appreciated.


    Thanks in advance.



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  • PlainSpeak
    04-04 08:18 PM
    He told me EB2 dates might move to the end of financial year 2009 so that would mean Sep 2009. There are you happy now .....

    Now stop this stupid thread

    Aapne lalach ka yeh behuda natak ab band karo

    Think about all those EB3 I out there. Have some shame. How would they feel if you talk about your own GC and get giddy about it in the forum when they have no hope. At least take your rejoicing to a private donor forum.

    Thats the least you can do





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  • feedfront
    09-24 12:34 PM
    Has your I-485 been approved or you have got an RFE?

    Well I got RFE then within a week got Card Production ordered email then within 12 hrs got mail undelivered email..

    I have not replied to RFE yet.

    Contacted USCIS but *** they are telling talk to Post office :eek:



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  • srikondoji
    06-29 04:54 PM
    Let us call rumors as pure rumors, even if they are from individuals here on IV or from aila until the official agency release their report.

    Let us step back a bit and analyse it with just common sense.

    USCIS and whatever that other agency is, is not a fool to release a july bulletin and make everybody current. If they have made all categories current in the hope that they want to utilize all visa numbers then this is the height of stupidity. If that was their intent, they could have moved dates 2-3 months each month starting july till September.

    They should have prepared themselves for the flood of applications starting july 1st, and that is the reason for suspending the premium processing.

    Make PD's current and then goingback in just couple of weeks doesn't make sense at all.
    If someone has done this in haste then i doubt the overal integrity of this organization and its continuity.

    When i started the rumor of possible mid july retrogression, then that was based on the flood of applications that would go by july 2nd week. I am surprised that people are now talking monday or tuesday retrogression and a possible fresh bulleting from USCIS.

    Who would know the fresh july bulletin updates from USCIS other than USCIS and why would they leak that information before hand?
    Why should we beleive aila?

    Do an independent and individual assesment of this issue and go have a beer for the weekend.





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  • vinabath
    07-10 09:46 AM
    Why would they think like that?, USCIS made a mistake. They tried to cover (by making visas unavailable) their ass to save their jobs. Thats why we have congress to help us out.

    For USCIS its a bad publicity.

    I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"





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  • yabadaba
    06-29 07:34 PM
    murthy news flash

    NewsFlash! DOS Expected to Revise July Visa Bulletin
    Posted Jun 29, 2007
    �MurthyDotCom
    We have received news from the American Immigration Lawyers Association (AILA) that they have reliable information that the July Visa Bulletin will be revised on Monday, July 2nd, or Tuesday, July 3rd. This Visa Bulletin is expected to retrogress many of the categories that were announced as being "Current" for July. It is expected that at least some of the categories will become completely "unavailable." The reason for this is that the USCIS apparently engaged in extraordinary efforts to approve cases in June, once there was some forward movement of the Visa Bulletin. They did this to try to avoid the tide of cases expected in July. Each green card approval uses one visa number. If the numbers are all used for the year, then the DOS will issue a revised Visa Bulletin reflecting "unavailable" in the particular category or categories.
    �MurthyDotCom
    DOS Input
    �MurthyDotCom
    While there is no 100 percent assurance about this matter, we at the Murthy Law Firm were given a 95-98 percent confirmation of the expectation regarding the Visa Bulletin by a very reliable source. The most vulnerable categories, of course, are those that are typically the victims of retrogression: EB2 and EB3 for India, China, and (potentially) Mexico. If this unprecedented action should occur, it will mean is that the USCIS will reject I-485 cases based upon the anticipated Visa Bulletin revision, if it should, in fact indicate that visa numbers are not available in a particular category.
    �MurthyDotCom
    Legal Fight Brewing
    �MurthyDotCom
    There is substantial legal wrangling ongoing because of the anticipation of this unprecedented occurrence. The American Immigration Law Foundation (AILF) has announced plans to file suit against the USCIS for any cases rejected due to a revised Visa Bulletin.
    �MurthyDotCom
    Conclusion
    �MurthyDotCom
    It is difficult to formulate words in reaction to this matter. So, for the time being, we will let our clients and readers know that our full sympathies are with them, as they face yet another potential disappointment. We also let them know that we have been long-time supporters and contributors to AILF and we will fully do our part to fight what comes.
    �MurthyDotCom
    Please return to this page for updates on this topic.





    alexa
    05-16 08:14 PM
    Hi,

    I'm in trouble situation, maybe somebody can give advice.
    I can file I-485(Eb3 March 2005). But my wife & daugther basically out of status. Their H4 visas were not extended.
    Before june bulletin I was thinking to go back home with my daughter (she is under 18) and try to get visa in consulate. It was attorney advice. Also he suggest to file for an asylym for my wife.
    Now I'm going to file I-485 for whole family regardless what attorney will tell me.
    Is it good idea to go directly to uscis office and ask them (can I file)?
    And what will happen if their apps gets denied?

    Any ideas?





    eb_retrogession
    01-27 04:56 PM
    1.
    RNC Bows to Bush, Kills Immigration Resolution
    By John Gizzi
    Human Events Online, January 22, 2006
    . . .
    Given the growing chasm between the Administration and GOP grass-roots activists on the issue of illegal immigration, the Pullen measure could well have paved the way for the most incendiary debate at an RNC meeting since the party�s ruling members eight years ago voted down a measure to deny funding to candidates opposed to a ban on partial birth abortion.
    . . .
    http://www.humaneventsonline.com/blog-detail.php?id=11790

    2.
    The Illegal Immigration Lobby
    By Don Feder
    GrasstopsUSA.com, January 17, 2006
    . . .
    Similarly, every call for immigration reform is answered with lusty shouts of racism by the self-styled champions of �immigrant rights.�

    You want to start protecting our borders? You�re a racist. You think illegal aliens are responsible for a disproportionate share of crime, disease, poverty and social disintegration? You�re a racist. You believe America has a national language, and it isn�t Spanish? You�re a xenophobic, hate-monger (even if you�re an immigrant or the grandchild of immigrants).
    . . .
    http://www.grasstopsusa.com/011706.html

    3.
    Threat to Immigration Reform
    San Antonio Express-News, January 23, 2006
    . . .
    Illegal immigration is a hot-button issue these days, and calls for a border fence spark fierce support among some segments of society.

    That support is misplaced; undocumented workers who risk death to cross the border will not be deterred by a wall.
    . . .
    http://www.mysanantonio.com/opinion/editorials/stories/MYSA012306.1O.tancredo3ed.210fd555.html

    4.
    What's FAIR Got to Do With It?
    By Tom Barry
    International Relations Center, January 19, 2006

    The House's approval of the Sensenbrenner immigration reform bill in mid-December was a clear signal that the most virulent restrictionists were in control of the immigration policy debate.

    Sponsored by Rep. James Sensenbrenner (R-WI), chair of the House Judiciary Committee, the Border Protection, Anti-Terrorism, and Illegal Control Act calls for the extension of a fence along a third of the 2,000 mile U.S.-Mexico border, involves local law enforcement and other government officials in immigration enforcement, and denies due-process of law for immigrants. The bill sparked a spate of international criticism of rising anti-immigrant sentiment in the United States , and raised alarm among immigrant communities and their advocates.
    . . .
    http://rightweb.irc-online.org/rw/3053



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