Thursday, June 30, 2011

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  • viveckj99
    10-02 10:16 PM
    Hi Vivek,
    What time was your package delivered on July 16th

    It was reached on July 16, 09:00 AM Lincoln,Nebraska,no RN yet :(




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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.




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  • tonyHK12
    02-14 08:42 AM
    thanks cleopatra, ajay and silveroaks for your contribution.

    yes, we are way behind on contributions.

    Amount raised = $2600.00
    Contributions needed = $47,400.00




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  • abq_gc
    08-20 11:57 AM
    I guess, its fair to assume that all of our applications have been really transferred to TSC. Please keep on updating as soon as you guys get a receipt notice or yur checks get encashed.

    Thanks,



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  • hi_sunny74
    09-17 03:34 PM
    Do let us know incase your receipt numbers start with WAC

    >>>>>

    My receipt numbers started with src




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  • FrankZulu
    08-26 01:14 PM
    CPO today. Case at local office. Had 1 interview where all documents for status and taxes were checked for the past 12 years. Never had a problem or gap in status and IO was surprised why the case came to local office. I was atleast happy that the interview is the worst thing that can happen and I am done through that.

    After 3 infopass appts, 2 SRs in all have the CPO in hand.

    Good luck all.

    Was your Employer (GC Sponsoring) in any kind of trouble in past?



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  • wait4ever
    08-08 11:55 AM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!


    I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
    Thanks




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  • GCard_Dream
    12-11 11:54 AM
    Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.



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  • anzerraja
    07-19 08:36 PM
    Thank you !!!


    Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.




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  • jags_e
    07-07 11:01 AM
    Though they didnot break any law in writing, they had the intent to not give any relief to people who are eligible to apply in july as per the old bulletin.

    The intent itself is ulawful.

    Alos in rushing to use all the visas, they might have given visas prematurely to applicants who had no clearence.




    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..
    I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,



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  • gvenkat
    09-10 07:02 PM
    I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?

    If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"

    I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.

    Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!

    Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)




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  • dontcareanymore
    07-28 12:48 AM
    1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.

    2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.

    3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.

    <Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >

    4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.

    Now that I have the disclaimers out of the way, Here is what I have to say:

    Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?

    What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?

    What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.

    You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
    Will give you an example :

    Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?



    It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.

    If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.

    I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers



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  • pappu
    03-10 11:25 PM
    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
    The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.




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  • kondur_007
    07-26 05:49 PM
    There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.

    But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.

    I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.

    It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)

    If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.

    Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.

    I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.



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  • manja
    02-01 08:56 PM
    Contributed $50.

    Thanks.




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  • pooja_34
    11-17 05:21 PM
    Done ! Go IV Go !!!



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  • fetch_gc
    10-17 11:32 AM
    I'm very glad to hear the news. Let us see when my checks are going to be cashed. By the way, was your 485 packet signed by F.HEINAUER @NSC on July 16th?

    I did called NSC IO yesterday and she said that my packet must have been in caught up in the front log.

    Looks like all our 485 packets have been xfered to TSC from NSC. Hence SRCXXXXXXXXX




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  • gdilla
    03-09 04:31 PM
    Why is the US the be all and end all of your life and career? Is Canada out of the question? It's not always rosey up there, but schools are just as good if not better than US, generally safer and less xenphobic, and they will welcome and appreciate your skills; pay you a fair wage (that through hard work and good relationships you can ratchet up over the years), and welcome your family. CAD is going up. US dollar is going down.

    Did you know that most large, publicaly traded, US hi-tech and financial juggernauts have thriving offices in Canada (to take advantage of high skiled quality workforce)? Intel, HP, Agilent, Cisco, Microsoft, IBM, AMD, etc. Start applying. And guess what, if you really pine for the start and stripes, you can work your way to a transfer back on an L1 visa which may up your EB category and reduce your wait time.

    http://www.cic.gc.ca/english/faq/immigrating-5.html




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  • flthere
    07-22 03:34 PM
    Don't worry EB2 Dude! Nothing is going to happen. You will still enjoy the enhanced status that you currently have. The EB3 folks like myself have far too much lethargy/timidness to do anything. The fact that they are still in EB3 after so many years is proof of that. :D

    Only after USCIS starting publishing the 485 inventory did the EB3s understand that they waited all along in vain and started porting to EB2. And now when EB3 guys want to move up to EB2, their employers are telling them that they too are in a helpless situation coz they can now find American citizens for the same position.




    walking_dude
    10-08 05:22 PM
    So what's your suggestion to fix the issue?

    Since you consider that IV did nothing to reverse July 2 VB, why are you hanging around here? If you credit AILA/AILF why don't you write to them to file Class Action against USCIS to process case FIFO? They might do it or they might just laugh it off


    I would say the reversal of the July 2 visa bulletine didn't just happen because of the flowers the members sent, the law suit AILA wanted to file against USCIS was one of the major reason apart from the California's Lawmakers letter. So please don't try to cut peoples idea by trying to belittle them, if you don't agree with them it is ok, if everyone agreed on the same thing life will be so dull.




    v2neha
    09-03 10:03 AM
    Don't know why my file is still pending (RD 6/18), present EAD expiring in 2 weeks..:)


    My EAD renewal is pending as well - RD 6/18 - present EAD expiring on 9/25. I requested expediting processing on 8/13 and received a letter yesterday saying they are reviewing my request and will have a decision in 60 days : :rolleyes:



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