Monday, June 13, 2011

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  • gc_on_demand
    04-06 10:34 AM
    Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I dont buy that.

    If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.

    But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.

    Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.




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  • Rockford
    07-16 02:57 PM
    Guys , read the core update on the home page !!!




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  • pappu
    02-18 01:06 AM
    Hello Varsha and NJ chapter members,

    Thank you for taking the lead with the Meet the lawmaker initiative. It is very important for our EB community to be active and vibrant on the issues that are important to us. We cannot emphasize enough the importance of meeting the lawmaker in our home states. As you already know, in campaign like ours, it is the most vibrant communities who ultimately succeed.

    The real question is when would there be sufficient number of community members who would feel the need and the motivation to be vibrantly active. It is the fence sitters that we have to convince so that more number of green card applicants, suffering due to retrogression, would feel the urge to actively participate in fixing their own issues. And your act of sharing your experiences with the community about what you were able to accomplish, is a big step in the right direction to motivate others to emulate what you have been able to do. In effect, today, you helped raise the level of consciousness of the community and prompted a sizeable number of members to think and believe that they could meet the lawmakers and make the difference in this debate. I am confident that most members, who listened to your narration tonight, were convinced that they could do it too. That is the message that we have to send out so that the energies emanating from our frustration due to delays with the system, which are often times visible on IV forums, could be channelized into positive direction. We see that there are many reasons why people do not actively participate in Immigration Voice efforts. A large part of these community members could be described in two broad categories:-

    (1.) Green card applicants who are totally unaware of the current situation and thus they are indifferent towards the reasoning and the depth of the problem causing delays in the system. They think that their individual applications will get approved in "few months" so there is nothing they need to do.

    (2.) The victims of the retrogression come from various parts of the world.
    The members who belong to this group are already disheartened with the delay of their application and have waited patiently for their turn in the line for several years. This long period of wait has made this group of people to lose faith and so they do not believe in themselves. They don't actually think that they can make any difference in this debate to facilitate anything that would change the system. Because they do not believe in themselves, these people do not also believe that others like them can do anything to change the system either. So often times they refuse to participate, not knowing that they are refusing to participate in an effort that will ultimately facilitate the change in the system.

    The positive message, like the one from you on the conference call today will help more and more members to believe that they can actively participate in changing the system to change their and their families' lives. And it is this belief in our own self that will ultimately wake-up this community. I am confident that after listening to your narration on today's call, more and more members will sincerely attempt to meet their lawmakers and will educate other members about their efforts. I believe that this community has a massive potential to make the change. The only question is when would the sizable number of IV members feel motivated enough to get up to actively participate in this process to facilitate the coming change? After today's call, I believe that the answer to this question is, very soon.

    Again, Thank you for actively participating in the effort and more importantly, encouraging others to participate actively. Please continue to help and motivate other members in the organization.


    Regards,
    Pappu on behalf of IV team




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  • va_dude
    11-06 05:24 PM
    This is exactly the piece-meal approach/bill that several people wanted to support.

    But i think IV core is backing CIR.

    My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.

    Need to back this bill.



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  • rjgleason
    September 27th, 2004, 08:57 AM
    Rob, What have you been eating? :D

    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.




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  • aquarianf
    07-19 08:45 AM
    my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com

    wonder why different attorneys have different requirements


    Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.



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  • skd
    01-12 02:17 PM
    Skd, it was nice of you .. I gave you green :)

    God Bless everyone and everywhere.




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  • yanj
    12-14 12:18 PM
    ok



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  • makemygc
    06-14 11:02 AM
    Bump
    /\/\/\/\/\/\/\

    Sorry to bump it. Wish someone could answer my question or could share their experience.




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  • raghureddy
    03-18 07:45 PM
    it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck



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  • LostInGCProcess
    11-17 03:40 PM
    Hello Gurus,
    If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

    But let's assume I don't get it Approved before I leave.

    a) Am I allowed to travel outside USA while my AP is Pending ?
    Yes, You can travel.

    b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
    It is very unlikely they would cancel your AP

    c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
    why did I leave the country while my AP application is Pending ?
    No, you are perfectly alright to get H1B visa.
    Why are applying for H1B Visa while you could have used your AP?
    No, In fact applying for H1B is the right thing to do. Since you want to maintain your H status.

    ...




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  • pitha
    02-27 04:47 PM
    It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?



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  • trueguy
    12-11 01:43 AM
    In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.

    As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.

    The problem with this approach is that:
    - It is not FIFO
    - EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.

    Here is how:

    Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.

    So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.

    When time comes to roll over excess EB2 ROW numbers, two things happen:
    - Already substantial use of EB2ROW numbers make few numbers available for roll over
    - Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.

    The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.

    If USCIS followed FIFO, then the following would happen:
    - USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
    - This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
    - When time would come to roll over numbers not used by EB2ROW:
    - A large pool number of excess visas would be available
    - A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.

    As a result, old cases would be assigned visa numbers and backlog would be reduced.

    Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.


    Very good points. I can't agree with you any more.

    The question is how do we raise it as an issue so USCIS follow FIFO.




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  • franklin
    07-20 02:30 PM
    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

    Sure, but I have been told that you need both EAD and AP to be able to travel, not AP alone. Having H1B and AP is no point.

    But, I've just re-read your answer - I understand about the H1B invalidated stuff now :) My point was more that AP and EAD seem to go hand in hand, I don't really understand why you wouldn't get both at the same time, especially if H1B has nearly expired.



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  • uumapathi
    09-29 01:31 PM
    I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?




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  • rsharma
    07-23 09:49 PM
    I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:

    "...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."

    Many people have said that the July 2nd filers cases have been pre-adjudicated.
    However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.

    Does anybody know what is meant by pre-adjudication ?
    What is difference between adjudication and pre-adjudication?

    Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.



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  • ameryki
    03-17 10:47 PM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks

    ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.

    ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.




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  • ujjvalkoul
    01-18 11:19 AM
    Mine was at Texas Service Center.
    I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.




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  • priti8888
    02-18 06:19 PM
    Maintaining legal visa status is not considered a deductible employee business expense. The IRS considers this as a personal expenditure


    http://www.neidhartcpa.com/deduct.html


    Medical expenses may be deductible but it won't exceed 7.5 % of your AGI so eventually it wont be deductible.




    snthampi
    08-17 12:40 PM
    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

    As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.




    cableching
    10-20 11:44 AM
    You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.

    My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.

    You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.

    I read it somewhere! Just take openion of a good lawyer, before taking such an action.



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