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  • priderock
    07-10 10:58 AM
    I understand each and every part of that DOS statement.

    Peace! Relax! Let's wait and watch!

    I thought so too :) :). Your's was just wishful thinking.





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  • admin
    02-20 02:41 PM
    Can someone explain why it seems harder to find backers in the house than in the senate for immigration reform (even the employment based legal immigration)? If we understand this, maybe it will help us focus our lobbying efforts better. Just a thought.

    arihant,

    The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.

    But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.





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  • jonty_11
    06-21 02:22 PM
    Let me help ArunANtonio here:

    Here are links to similar discussions for the last week or so.

    http://immigrationvoice.org/forum/showthread.php?t=5392&highlight=working+couple

    http://immigrationvoice.org/forum/showthread.php?t=4998&highlight=working+couple

    http://immigrationvoice.org/forum/showthread.php?t=5341&highlight=working+couple

    http://immigrationvoice.org/forum/showthread.php?t=5125&highlight=working+couple

    http://immigrationvoice.org/forum/showthread.php?t=4974&highlight=working+couple





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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.


    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including




    Mike Aytes
    Acting Deputy Director, USCIS



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  • Green_Print
    07-11 03:28 AM
    In such trying times its awesome to find individuals in the media willing to lend a receptive ear to the hardships faced by all of us and write a wonderful news article on it. Its even more significant especially because when people who should be listening to our concerns and who have the ability to address these issues have turned deaf ears.

    She and other media personnel who have helped highlight this issue deserve at least a thank you note.

    Just my thoughts.....

    Dear Non-Indian Members,
    When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
    She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
    I would suggest, that non-Indians, please contact Xiyun @
    email:yangx@washpost.com
    office phone: 202 334 6701

    Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

    We definitely want to make this an universal issue and not just an Indian Issue

    Anand Sharma





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  • brb2
    09-12 09:26 AM
    Finger print will only bring up those names who have a "rap sheet". That is people who were arrested, booked and then charged. A name check will bring out those who are under an investigation directly (main file) or associated with those being investigated. Thus a name check is essential from the national security point of view.

    USCIS is supposed to respond to USCIS OMBUDSMAN report on Sep 11. USCIS has not mentioned about the value it is deriving out of the NAMECHECK process!
    I do not know why USCIS is wasting money and resources in the questionable "NAME CHECK" process while they already have the faster "FINGER PRINT" process!!



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  • grupak
    03-25 03:33 PM
    Those that have been effected by this EAD discrimination, file a complaint with the govt. Otherwise why are we here in IV asking for multi-year EAD?

    So what if EAD has to be renewed. GC also has a expiry date now. Next we will be asked to provide medical history to make sure we do not fall sick at work. EAD renewal is an inconvenience that the employer need NOT worry about.





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  • Mygc200609
    09-14 09:47 AM
    On (9/13), I got the I485 approval emails for me and my wife:

    1.) Priority Date --> 03/09/2006 (Nebraska Service Center)
    2.) 485 Approved on --> 09/13/2010 (SLUD 9/04/2010)
    3.) Pre-Adjucated Yes/No --> Not sure.
    4.) Info Pass Yes/No --> NO
    5.) USCIS Contact Yes/No --> NO
    6.) Congressman Yes/NO --> Yes

    Contacted Congressman on 09/02/2010
    on 09/03/2010 (These cases are currently with an officer. They should receive a decision or other notice of action within 30 days.)

    7.) Service Request Yes/No --> Yes

    opened SR on 09/09/10 "outside processing time"
    Got the Email on (09/10/2010) The status of this service request is:-
    LIN-00-000-XXXXX Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.

    8.) Contact Senator Yes/No --> NO
    9.) Recent RFE Yes/No --> No
    10.) AC-21 (Employer change) NO
    11.)Ported Case(EB3->EB2) Yes/No --> No

    On September 13, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

    For all those who are in line - just hang in there - it will happen.



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  • chanduv23
    10-29 07:26 AM
    Please refer the url, one of the iv member has stated his friends denial case.
    http://immigrationvoice.org/forum/showthread.php?t=21716&page=21

    The authenticity of that case is not clear. Someone claims his friend had issues and we do not have any details.

    I used AC21 few months back and went through the NOID ordeal.

    Our volunteers working on this effort are in the process of identifying authentic AC21 cases that got denials though they did everything to the law and are in process of filing MTR.

    If anyone got a denial and wants to help us in this - please send a PM to IV volunteer pd_recapturing





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  • newtoearth
    06-16 03:33 PM
    They should
    1. not be based on client location (only visit and communicate), must work from sponser's worksite.
    2. not be managed by client. Must be managed by sponser.

    http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    if the work will be controlled and supervised by a different employer

    READ again

    L1B's work will be controlled by the same employer related manager not by client manager. Client manager's are just facilitators there!

    Also please note that there is a difference between
    L1B - Blanket and L1B - Individual



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  • trueguy
    08-21 12:23 AM
    Thanks trueguy!. It took me a while to realize that some people here are trying to misguide and misrepresent. Wish I had not spent so much of my time replying to those inane posts.

    There is no basis for Oct PD to be at or near Jun 2007 PD levels, it is only to lull us into inaction. And I would be more than happy to be wrong about this :o


    And it looks like some one was asked by their teacher to write imposition... and therefore we are seeing repeat dribble of the same post.

    Absolutely, I have seen misleading comments especially from EB2 guys. EB3 have to do something otherwise there is no future for us here. Now EB2 line will never end bcoz all new applications will come as EB2. Hoping for spillover after EB2-I becomes current is just a dream now that never comes true.





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  • smitha
    07-09 08:42 PM
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006



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  • krishmunn
    04-07 10:47 AM
    I guess, we need to hire, one octopus for every months' prediction. That will be cheaper, instead of we put our brain in predictions.

    People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:





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  • ashshef
    09-24 03:12 PM
    You can't divide the quota into 5 categories. Any country is capped at 7% usage(unless there's a spillover). The ROW EB3 will definitely consume more than the X/5 as it is not a country but a collection of countries, with no country reaching the 7% limit. The only reason there are separate categories in for India, China, Philipines, Mexico are that they are the only countries with demand for more than 7% of the numbers in EB3. In case of EB2, it's only India and China needing more than 7%.


    P.S. I did give you a green for the great work you did with the numbers.



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  • ashres11
    09-21 01:34 PM
    See if you can find the director GERALD HEINAUER @ NSC or any senior executive. I will give a call and demand answers.

    www.superpages.com ---> people search





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  • krish2006
    04-04 03:33 PM
    A simple calc to find out how much EB3-EB2 porting going on as of today:

    If you look at Demand data released last month by DOS, It lists
    Prior to January 1, 2007 , EB2- I pending : 13,200

    In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.

    Now if you look at inventory data released on Jan 5 ,2011 ,
    EB2 India Pending Prior to Jan1st 2007 : 13,516
    But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K

    EB2 I demand from the inventory btwn May - Dec 06 = 12K
    But Demand data says EB2-I demand is 13,200

    Diff : 13,200 - 12K = 1200 ( This number has to be porting)

    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 2800/2 = 1400 .

    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)

    EB3 Porting could use up to 8K though, and new filing could be 2K
    and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
    So it is even at most...

    There are lots of uncertain
    1. EB1 is now the biggest uncertainty
    2. EB2 ROW
    3. Porting
    But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
    So After May, from June to August, it is all spill over game for EB2 I/C
    That is why i guess Charles is saying the trend is now, and will start use the numbers in May



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  • iheartindia79
    10-08 01:51 PM
    Here is another case of a person I came across recently. This person was stuck for the past 5 years in Namechecks . He applied for GC in 2001. He got his GC just recently after a long wait and struggle.

    That's a shame. But now he is free to enjoy his life and not think 485 updates.Congratulations to him :)





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  • hpandey
    06-15 10:14 AM
    Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.

    L1fraud - what GC28... is saying is for DilipCr and not for you . Mr. Dilip has been touting himself as a highly skilled individual who is applying for citizenship now and wants that the rules should be made so hard now that no one else from India ( or for that matter anywhere else in the world is able to get EB GC ) . He says that most of the H1's and L1's are not BEST and the BRIGHTEST according to him .





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  • OLDMONK
    06-29 05:18 PM
    Its utter non sense if this rumour is true. I am still counting on this not happening. We need to take a step back relax, its hard on us the employers the lawers and everyone associated.

    I havent heard anything from my lawyer yet. My papers are supposed to be maied sometime next week.

    Trying to keep myself positive inspite of this rumour.





    GCOP
    09-15 12:33 PM
    I already have called all the members of House Judiciary Committee. Some of them, I called second time last Friday.
    On the Senate side, I just called Senator Harry Reid's Office to convey the message to Support " Visa Recapture Bill ".
    Senator Harry Reid, Senate Majority Leader's Phone Number is :
    202-224-3542.





    gcnirvana
    06-15 01:44 PM
    I have a question regarding this whole idea of filing on your own:
    Whats the reason for doing this? Is it because:
    1. Attorneys will be busy during this time
    2. Employer will not file 485
    3. Bad Experience with Attorneys
    4. Anything else please explain

    If 2, whats the guarantee that he will not cancel your LC/140 once he knows that you are filing on your own?

    Sorry about bringing this up. My employer is ready to file 485 but not EAD and AP. He says if we don't renew our EADs on time then we will be out of status and hez seen lot of such cases. Can I file EAD and AP on my own and let my employer file 485?

    Thank you all for the patience!!!



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