Tuesday, June 14, 2011

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  • priti8888
    07-23 03:35 PM
    one of those who got labor approved fast from BEC...and slipped thru quickly....yes, I mean quickly even though it took 2.5 years


    We suffered a lot as well..We applied first in 2001 and then my husband got laid off and had to start process all over again. We are on our 9th year H1 , so it was'nt all rosy for us ..




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  • eb3retro
    09-01 04:56 PM
    Landed July 1997.
    Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.




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  • santb1975
    05-25 02:31 PM
    The amendments were on the senate side and the HR bills are from the house side. Please contact your state chapter lead (walking_dude for MI) for updates and find out what's happening. We have lot of work to do and we really need volunteers. I am unable to post any info. on this public forum which is open to the world.

    so the amendmants which were linked to war bill are differant than all this HR bills.....?




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  • Canadian_Dream
    06-02 07:27 PM
    Effective date is next fiscal year or the one following it. If you read both the sections it cleary says that.
    (Read the word approved and an "or" preceding it).

    or approved at the time of the effective date of this section, shall be treated as if such provision remained effective and an approved petition may serve as the basis for issuance of an immigrant visa.


    In my opinion this clearly means that if you have an approved I-140 before the effective date you should be ok. All pending I-140 on the effective date which is 15 months away are most likely have to refile. That leads to two scenarios:
    1. Approved I-140 with a pending I-485, these petitions will be elegible for immigrant visa whenever one is avialable, this is very clearly mentioned.
    2. Approved I-140 without I-485. No clear indication of how these cases will be treaed. They MIGHT have to refile as well.


    ============
    (d) EFFECTIVE DATE.—
    32
    33 (1) IN GENERAL.—Subject to paragraph (2), the amendments
    34 made by this section shall take effect on the first day of the
    35 fiscal year subsequent to the fiscal year of enactment, unless
    36 such date is less than 270 days after the date of enactment, in
    37 which case the amendments shall take effect on the first day of
    38 the following fiscal year.
    39
    40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
    41 for an employment-based visa filed for classification under
    42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
    43 Act (as such provisions existed prior to the enactment of this
    44 section) that were filed prior to the date of the introduction of
    265
    1 the [Insert title of Act] and were pending or approved at the
    2 time of the effective date of this section, shall be treated as if
    3 such provision remained effective and an approved petition may
    4 serve as the basis for issuance of an immigrant visa. Aliens with
    5 applications for a labor certification pursuant to section
    6 212(a)(5)(A) of the Immigration and Nationality Act shall
    7 preserve the immigrant visa priority date accorded by the date
    8 of filing of such labor certification application.
    9

    The original word is "enactment date", which would be the date the bill is signed into law. The effective date will be oct, 2008.

    So people who didn't get their 140 through before the president signs the bill would be screwed?



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  • singhsa3
    09-11 04:53 PM
    I just got red dot from someone. My freind why not you reveal yourself . I am just suggesting some ideas, if you don't like it please have courage to discuss in open.




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  • r_mistry
    01-14 11:13 AM
    How can we find out the current processing date for AP ?

    You can check the dates on this link,

    https://egov.uscis.gov/cris/jsps/ptimes.jsp

    Hope this helps,



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  • chanduv23
    09-12 10:34 AM
    For those who are still thinking - just do it - you will be very happy that you did it.




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  • vk_vkumar
    07-15 03:14 PM
    The following memo from DOS to CIS says it all:

    July 2, 2007

    TO : CIS Section 245 ADJUDICATIONS

    FROM : Immigrant Visa Control

    SUBJECT : Authorizations for Employment CASES

    Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    The above action is a direct result of the sudden backlog reduction efforts of CIS offices during June and the first few days of July. During this short time period over 60,000 requests have been received and authorized. This is in comparison to the 66,425 CIS requests which were authorized during the first eight months of the fiscal year.

    Please be sure that this information is passed to all personnel involved in the process of obtaining visa authorizations from the Visa Office for Section 245 cases



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  • beppenyc
    03-08 02:30 PM
    beppenyc, any particular reason that ur interested in the guest worker program?
    Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
    Thanks




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  • nyte_crawler
    04-25 05:25 PM
    Seriously it is impossible to change anything with the back-dated 100k applications. The only thing that could be done is help the future immigrants in a much better fashion. The only solution I see is, apply this rule after 1/1/2006. By applying this rule to back-dated applications will only create more chaos. Why would anybody would want to change the line again, because it is a different situation now. I would'nt. If that is the case, then USCIS should withdraw all their approved out-of-line GCs during 2004, atleast the retrogression will not be this bad. The best idea would be to wait and see if the current bill makes it out to the president with all the amendments included. That should relieve some or most of the retrogression.



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  • desigirl
    01-31 09:32 AM
    Congratulation to 9years and Vayumahesh. Thank you both for documenting your journey. My EB2 perm was applied from the new company i have joined and it is approved this month. Hopefully i should be applying for I-140 next month.

    I have applied my 485 in July 07 but i was not married at that time. I am married now and my my wife is on H1B. When should i add her or amend my I-485.

    Thanks

    When you become current and before you get your GC approval notice, you should file 485 for your wife.

    Disclaimer: Not an attorney.




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  • Mahatma
    07-14 01:15 PM
    Could you give me IV address wherein I can send my cheque?

    Small is beautiful. Kaizen means small change but consistent change. It brings good results.

    Thanks for doing this.



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  • psaxena
    06-11 03:19 PM
    seriously , I have seen a couple of people who day dream unrealistic thing and for some time
    thinks thats true. This normally happens, when you normally facing a lot of negative things then your mind things of all the good things,( in your shit load of money on stocks and investments). This actually helps keeping one out of depression in the illusional state. but unfortunately fact is fact.
    As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.

    I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.

    It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
    And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.




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  • harivenkat
    08-13 08:56 AM
    "08/12/2010: Wow, That Is Fast. H.R. 6080 Presented to President Today, and President to Sign 08/13/2010, Friday

    * As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly, I guess. USCIS must be busy to get ready for processing and collecting increased fees from these employers soon. The new filing fees will be a huge amount, especially when they decide to file a premium processing request. Can you imagine how much these employers will lose for a single case if the case is filed on premium and denied!! Ouch!
    * The new fees will take effect tomorrow since the President is scheduled to sign it into law at 11:00 a.m. EST, tomorrow. "

    - The OH Law

    wondering if its time to leave....



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  • ashismaity
    03-10 02:28 PM
    http://www.wamu.org/programs/dr/

    March 10 11:00The Immigration Debate
    Some activists believe the U.S. needs a fence along the entire U.S.-Mexico border. Diane talks with her guests about this idea and other proposals from Congress in the latest round of the immigration debate.

    Guests
    Steven Camarota, director of research at the Center for Immigration Studies

    Frank Sharry, executive director of the National Immigration Forum

    Colin Hanna, president of Let Freedom Ring. Let Freedom Ring is the parent organization for www.WeNeedAFence.com




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  • subujee
    09-09 07:53 PM
    EVen though I was stuck in labor certification for 5 years and was able to file for my last stages before the mess, still I feel other folks in this immigration community should not be stressed like me . So, even though I can't make it to the immigration rally, I am contributed $100 rightaway and will try to convince my other colleagues on the same boat to contribute.



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  • diptam
    10-02 01:11 PM
    Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.

    Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.

    I've sent an email as well to Ombudsman a week before i sent my Form 7001.

    Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.

    So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.

    Lets see what they says now.




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  • HopeSprings
    12-16 02:35 PM
    I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.

    It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.

    Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.

    So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.

    In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.

    Hoping for the best....:)

    I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.




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  • mirage
    03-31 06:15 PM
    How insane you are, you are giving the credit of that to USCIS ??? I think you were sleping when people had rallies in CA and IV had 'flowers to USCIS' campaign, how about Zoe Lofergn's threat, I'm sure you don't know any thing. USCIS shares most of the responsibility of you and I being on this forum. USCIS was doing a tardy job and wasting several thousand green card numbers every year that's why DOS had to push them by making the world wide dates current. And 'no' they did not 'realize' any mistake, they did not want to get into legal trouble and get publically exposed(Zoe Lofergn asked for emails and all communication regarding Visa cut off dates). So they took the shortest and safest way to get out ...that u r crying over USCIS issues? Chill dude :). They were gracious enough to realise their mistake last year and hand out EADs to everyone. Full marks to USCIS for being spontaneous and doing the right thing at the right time. Infact its ppl like u who will always keep cribbing no matter what. Even after u get ur GC u will crib over citizenship delays. Shame on u.




    gonecrazyonh4
    04-25 01:22 PM
    It's hard to believe that folks dont know anything about the Green-Card process when they come in. Let us say that you are right on, but they would have eventually figured it out by the end of couple years. I believe it is the situations like layoffs, move from one company to other for better prospects and salary will make them to enter the process late. It is their personal choice and I don't question that. But I believe they had options to apply for GC early in the process and they did not. So why penalize others who did before them. Please don't think Iam saying this because I entered late. I came during early 1998 and I did wait for 4 years to apply.

    It is not about being lethargic, it is about company policies and options available to employees.Many times the Labour applications are delayed by the companies on the pretext of impending layoffs or on the fact that there was no written offer on processing GC at the time of employment offer.IN many cases this happens inspite of verbal assurances at the time of employement offer. Sometimes these verbal assurances keeps going on for years but the process never gets truly started. Many comapnies prefer I would say to start the process late so that they can hold on to the employee for longer period of time... Several reasons contribute to the LC being filed late. If and when LC is filed use of H1 B Start date of employment as priority date should put and end to these practices.




    tnite
    07-19 10:27 AM
    I was kind of oblivious and busy in my work since I applied labor �and was thinking everything will fall in place gradually..
    I registered to this site today and just read this forum.. ..and �..simply freaking out �
    My attorney applied my Labor in Nov 2006 (according to him) in Atlanta and I still don�t have any response �no audit �.nothing �.it is just in process�can u believe it?
    � can I do something from my end �
    I hope 140 and 485 is still not in retrogression state �. Do u guys know how long it will continue to be in this state�

    You can ask your lawyer to send an email. I have read some cases in IV where after 90 days if the lawyer/employer sends ane email they respond with the status . why dont you try that?



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