Friday, July 1, 2011

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  • ksita48
    11-18 10:46 AM
    Sent to VA Representatives.




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  • desi3933
    07-09 11:01 AM
    The above documents should have Condi's (and USCISs) LAW. Googler's last link appears to be the main source for all other links.

    Please note very carefully that we are looking for a LAW that specifies when AOSs will (not) be accepted from GC applicants. We are NOT looking for a law for allocating GC #s to approved AOSs (which is explained in the above links).

    This LAW should explain the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.


    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]
    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.

    ============================

    My points -

    a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.

    b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.

    c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.

    ______________________
    Not a legal advice.




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  • xela
    02-15 08:07 AM
    Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!




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  • acecupid
    09-24 02:06 PM
    The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

    I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

    Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

    This is very simillar to labor substitution...

    It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.

    Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.



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  • gclongwaytogo
    10-11 02:29 PM
    no news today. called uscis. talked to io. same message. they still have lot of applications to be registered. now calling everyday.




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  • akhilmahajan
    02-25 03:52 PM
    Thanks for your insight and observation.
    Do you believe in what IV is doing?

    If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.

    When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.

    So, Thanks a lot for your insight and help IV to help yourself.

    GO IV GO. TOGETHER WE CAN.

    Lack of convincing power that IV will do something. Lack of trust in IV organization. Lack of advertisements. lack of communication.

    How do successful organizations ask people to donate money? There is something to be learned. If the cause is right (we all know it is) then its a matter of delivering this message that will get people convinced. Lot of charities get donations. How? I think that is what we need to learn. Most desis are not even aware about this organization. I bumped into it via google search for my immigration answer. So lets throw some ideas around for better advertisements.



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  • iptel
    06-23 05:16 PM
    Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.

    Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.

    Buddy you reached this thread also. What part you dont understand involving foreign influence can have catastrophic effect.




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  • TheOmbudsman
    06-26 12:20 PM
    I respect your opinion.

    There is no indication that "Republicans" are taking a hit by not passing the bill. In fact, if you go to Congress.org you will polls there showing that Americans prefer no bill instead of "a bad bill". By bad bill they mean, the amnesty one, CIR.

    Folks, what we need to remember is that this country is still a democracy. When you see AILA - which is a reliable source in this case - reporting that 400:1 calls are being placed against CIR, that is a serious business. Looking at results of recent elections, you can tell that there is increasing indication that voters are paying attention to candidates which are strong in immigration records. Sen. Bilbray (R) recently won the election in spite of Republicans poor performance. In my state, Maria Cantwell (D) is showing no gaps against an incumbent, who happens to be Republican. In Utah, Sen. Cannon (R) but pro CIR is fighting very hard against an incumbent. Election results for this will be known tomorrow, but the fact that he is fighting is the indication one needs to believe that representatives fighting against CIR/amnesty are looking good, regardless which party the individual is in. CIR is known mainly is an amnesty bill. Therefore not passing CIR seems to be perceived by voters as a good thing. Also, there are already many laws that if executed, could aleviate the flow of illegal immigration and provide some security to the border until the House gathers enough support to pass a more enforcement only bill. Personally I have hopes that IF the House proposals prevail after the elections in November, then it is when we could see a kind of Cornyn/Kyl bill passed ?

    Now you say, how can the above post help our cause ?
    I think we need to start by having a clear picture of what's going on. If we continue this route of expecting that a bill with amnesty provisions on it will save us, you many need to be prepared for a long wait to see that happening. If it is true that our lobbying efforts are useless and have no chances to leverage a bill of our own cause, so darn, I will just pray, watch, give no donations and wait in a very passive way and see what happens.

    IV has done a great job by making all the contact information with the lobbying group, now we need to engage them to lobby for our bill only. If that's not possible, then I think there is no major reason to donate or take action on this anymore. Just wait and let the big guys (AILA, Catholic Curch, Laraza) battle for CIR and see what happens.


    I find it slightly amusing that your perception is that my perception is distorted. I am not a member of the core team and my remarks are my personal opinion. If I am wrong, well, then I'm wrong. If I'm right, these posts will be buried so far in the thread that it won't matter at that time.



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  • sina
    08-26 11:18 AM
    Hi Gccovet,

    So you mean - I and ajaykk will get the EADs within next 10 days even if our applications haven't been looked at yet? Did this happen to you. I am not too much bothered about this at this point as I am working on H1. But just thought would reply to ajaykk since we had similar experience.

    Sina




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  • mrsr
    07-07 10:31 PM
    if it takes 2 or 3 years to fight this case, what is the use



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  • pani_6
    12-10 08:14 AM
    My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.

    What we need is a interim EB bill.


    The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
    Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....


    If we need to get started on the first day of congress I suggest we start getting organozed now...

    What do you guys think!!




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  • sam2006
    07-20 10:08 AM
    nice job guys

    I think we should extend it till monday atleast



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  • amitkhare77
    09-08 11:18 AM
    EB3 India

    EAD Sent 08/01/08
    ND : 08/07/08

    No LUD's since then.

    Card production Ordered email on 09/05/08




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  • h1techSlave
    09-26 08:08 AM
    I think your idea is good. But this could be very difficult to implement, at least for USCIS.

    Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.



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  • jkays94
    06-22 12:17 AM
    Let's start our campaign for our own bill immediately. There is no motive to wait. We should pay lobbysts and ask them to approach lawmakers using the argument that legal immigrants need a relief without waiting for amnesty bills for illegal aliens.

    The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :

    18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.




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  • gccovet
    08-12 07:39 AM
    GCCovet/Mahujam,
    - How did you find out about the LUD?
    - What is soft LUD vs. hard ?
    - what are possible reasons of an LUD ?

    Thanks in advance!

    Hi,
    (LUD = Last Update Date.)
    You need to register on uscis.gov (case status online), you will need your receipt numbers (you can enter rect. nos. from I-140, 485, 765, h1 ext. etc). You will get an email as soon as your case has been approved/rfe/noid etc.

    When you get an email due to any change and the text changes in your case status it is called Hard LUD, if nothing changes in the case but your file has been touched then it is called soft LUD.

    There can be several reasons for soft lud.
    HTH
    GCCovet



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  • CADude
    08-02 11:04 AM
    Your check will be cashed any day now. :)

    My case was received by NSC on Jun 25th. No word yet. My I-140 is from Texas. Very worrying situation,




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  • Canadian_Dream
    07-08 01:25 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin’s big jump. That’s my 2 cents on the matter.




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  • diptam
    06-23 10:51 AM
    I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-

    a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.

    b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.

    c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.

    Following 2 are little more aggressive approaches (Single's can pursue)

    d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.

    e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER

    Following one is a extreme risky approach and is not recommended

    f) Some one mentioned about somehow getting a Letter head and helping
    yourself .... But your whole efforts and money could be wasted at a later point of time.

    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




    senthil
    11-21 01:00 PM
    like others mentioned. i was on shocked state for a while. still could not believe. pl find out the other options asap and get into action. GC can come and go. Don not compromise with GC and GC dream etc. Life is the most precious and un comparable one. consult more doctors here as you can or go india and get it consulted. for many this which were diagnosed as complex and un-curable, indian doctors might have easy solution. just go see them you'll be fine. I understand its easy to to suggest but pain to be in that position. On top of all these trust in GOD. We'll will pray for you.

    Good luck.




    imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..



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