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Friday, June 24, 2011

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  • survu
    06-20 02:20 PM
    Got GC for me and for my wife.
    It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
    No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.

    Here are the dates:
    I received the card order production mail on 9 June 2008.
    Received the welcome letter on 13th June.2008
    Received the Card on 16th June.

    PD: June 2001 - EB2- India
    I 484 applied on 28 th June 2007 - NSC.
    Finger print on Aug 26 th. 2007- NSC.
    Sep 26 Got EAD. 2007 - NSC.
    Original Labor - Sep 2002, Approved in 2006
    Labor substitution on May 1st week. 2007 - NSC.
    140 approved on May 2nd week. 2007
    Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
    I have not sent AC21 letter.
    No LUD after finger print.
    GC Card received- 16 June 2008, me and spouse.
    Thanks,





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  • Ramba
    07-14 06:01 PM
    Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.


    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate





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  • lord_labaku
    07-11 12:50 PM
    I dont think USCIS intends to take out the visa numbers for them.

    DOS (who publishes the visa bulletin) wants USCIS to take out the numbers....but USCIS sits all day scratching their bottoms & not approving any cases with current priority dates.

    P.S : Pardon my crassness; but people waiting in line would definitely understand frustration.





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  • neelu
    01-02 11:35 PM
    Everyone who is doing such excellent job spreading the word about IV on websites:

    Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.

    That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).

    Please participate and help others participate in the 'Add ONE Member' campaign.

    Thank you.
    Neelu



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  • TomPlate
    10-21 11:40 AM
    Obama is more a talking person. He would have given lot of information during this campaign season. But he will not execute. Everyone in the campaign said he is always on the neutral side. He is not with Yes Or No answers.

    One thing I want to explain about tax decrease plan.
    When the tax decreases for middle class and tax increases for upper class, then the upper class CEO and the business would like to see how they can increase their profit by not increasing the wage of a middle class.

    Obama followed a non american politics giving lots and lots to public. But in reality he may sit quiet and only enjoy his benefit as a President.

    If Obama elected as President, this economic mess is not going to go away.
    Because it is now Global.

    I will say if Obama is elected Health care change he expects may not be executed as per his plan.

    And it goes on....





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  • swo
    08-15 08:14 PM
    It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.

    You can predict to your hearts content but I wouldn't get too hinged on those predictions.

    Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.

    Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.

    The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.



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  • gimme_GC2006
    04-06 06:18 PM
    Sure I will give the link..

    I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).

    Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..

    Nothing can bring them back unless they file a new petition and go for stamping..

    I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..

    its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.





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  • sledge_hammer
    02-13 05:01 PM
    You honestly believe that our problems are comprable to the suffering that the real victims of ethnic cleansing go through?

    Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?


    .



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  • jjava100
    06-10 04:10 PM
    Just sent it. I also sent it to 5 of my friends who are not IV members yet..





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  • chanduv23
    03-07 06:23 AM
    From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.

    It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.

    A good way of invoking AC21 is
    (1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
    (2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.

    A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.



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  • lord_labaku
    11-11 12:54 PM
    is to play the same tune. We should repeat the Obama campaign taglines.

    We should re-iterate that high skilled immigrants are the CHANGE that America is looking for.

    We are going to help generate jobs in America. We are going to keep America in the forefront in technology. We are going to make America competitive again. We the high skilled immigrants are going to restore prosperity to America. We are going to research new energy sources. We will renew Americas promise -

    "It is that American spirit - that American promise - that pushes us forward even when the path is uncertain; that binds us together in spite of our differences; that makes us fix our eye not on what is seen, but what is unseen, that better place around the bend."

    Yes We can.





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  • ivbabu
    10-25 04:24 PM
    My details are as under



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  • Canadian_Dream
    11-17 12:44 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.





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  • BlueSunD
    03-09 08:40 PM
    I�m trying to finish all the work I�ve got so I can finally spend some time to finish my entry. It�s kind of bothering not being able to add all the things you want this time, but soulty�s right, you can do it later. I would like to catch some sleep tonight too... but guess that will have to wait too :P



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  • chanduv23
    11-11 12:59 PM
    IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.

    Shall we start a funding drive? rajuram - can you lead it?





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  • msp1976
    12-13 10:07 AM
    Hi
    I am Mukund From Edison NJ...
    msp1976@yahoo.com



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  • anilsal
    12-10 09:48 AM
    A movement of 15 days in EB3-I is a good movement. Big movement in EB3 without law change is not possible.

    You are correct. In fact, without some legislation or a bill for recapture getting passed, large movement in dates in not possible.





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  • nomi
    12-13 12:21 PM
    I am sure that the IV core has already explored this option. We need some kind of feedback from them.

    ===============
    First they ignore you, then they laugh at you, then they fight you, then you win.
    - Mohandas Gandhi

    Slogan of the Linux community


    Sure... we will wiat for IV Core Team and their approval. I am writing letter to USCIS and then I will paste it here so you guys can also see and we can fix it and add or remove stuff from it and once we make it final then we will give it to core team so they can look and approve it or change it if they want. I will paste it here once i am done. Let keep it moving untill we get some feedback from core team .

    thx.

    nomi





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  • sanju_dba
    09-09 01:50 PM
    This is a big fantasy.

    EB3 is not going to get current in the next 4-5 years you said.

    Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.

    The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.

    I say we stop dreaming and do a rally in DC.

    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 " " 34325
    --------------------------------------------
    " " 51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending left over from above )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)





    Ramba
    07-09 07:44 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.

    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.

    my 2 cents...





    like_watching_paint_dry
    11-18 11:38 AM
    How long can we keep our career on hold..

    I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.

    Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.

    What do you think?

    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )

    I wish you all the best with your life.

    lwpd



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