Monday, September 26, 2011

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  • logiclife
    06-30 06:22 PM
    The current events starting from a rumor has caused frustration in our members. The news coming out of AILA got us into action and we are working on trying to prevent this visa bulletin disaster to happen for our members. Due to weekend, There are less opportunities to pursue but we are not taking this as an excuse and please know that IV is working this weekend and have been working ever since we heard about this news and are using all measures and contacts at the appropriate levels of government to help our members. At this time we do not have a conclusive outcome for our members as the efforts are continuing. The efforts are in full swing and will continue until the bulletin comes out. We are prepared to make efforts on Monday when the offices open.

    Be assured we are considering all options. We are also working with like minded organizations and on
    our own to prevent this disaster to happen for our members. IV is committed to pursue measures in case of any
    visa bulletin that will change the current dates.

    Please be patient and continue to support us. We will continue to update on the website as we have any more
    update to share. The DOS's actions, USCIS actions and the resulting litigation from USCIS or other plaintiffs will take time to materialize and core group will post updates and action items as soon as there is something actionable that we wish for all our members to participate.

    Please continue with your 485 filing process and file your 485 as soon as possible. Do not be late and do not postpone or slow down your 485 filing work due to rumors or other fears. Keep doing what you are doing.

    IV may post update about its course of action as early as Sunday evening.

    IV team





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  • rajuram
    05-26 09:06 PM
    FYI, this is common if you are passing close border towns in TX and NM.

    No big deal, just carry some copies in your car.





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  • WillIBLucky
    11-22 01:53 PM
    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.

    There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.

    If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D

    So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.





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  • xela
    03-19 10:33 AM
    I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
    Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
    Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.

    I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?



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  • SGP
    08-12 04:30 PM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
    I Agree with you. Count me in.





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  • 24fps
    02-04 02:41 PM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...

    its not racism its just an old rule

    u can be indian but born in a different country and you could avail of ROW benefits, my friend is indian but was born in europe as his father was workin there at that time and then moved back to india and now he got his GC in under 2 years in EB2

    racism is purely based on your ethnicity



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  • NKR
    03-09 12:34 PM
    another fr***ing disappointing bulletin..





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  • amitjoey
    01-18 12:32 PM
    http://www..com/discussion-forums/dallas-backlog/1171607/#post-6787022

    This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.

    Just opinions.

    Thanks

    Every time you stand out of the crowds, you will have to bear rotten eggs and tomatoes. This is no different. Anytime you do the right thing, there will be critics. Remember all of the people out there (Anti-Immigrants) who do not want IV to succeed.



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  • thecipher5
    10-12 03:22 PM
    Hello!

    I don't know if anyone is in or has been in a similar situation. But would appreciate sound advise on the next steps...

    My wife and mine PD have been current since September 1st (PD: Apr 2006). We'd received a RFE in 2009 and we'd responded to it in June 2009. The status on USCIS states "Response Review" for both of us and that we should hear back within 60 days of receiving the RFE response which dates back to June 2009.

    I've opened a SR, contacted a congressman and still no update or specific feedback since 1st week of September.

    What should I do in such a situation?? Can I take an Infopass appointment even though 45 days haven't elapsed since opening SR?

    What other avenues can I pursue to obtain concrete feedback on our applications?


    all the help appreciated!


    thecipher5





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  • angelfire76
    02-14 01:13 AM
    I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.

    I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D



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  • keshtwo
    08-15 05:22 PM
    Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
    I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!

    yeah pretty weird. What does that mean to spillover in next June on wards? I hope its not a negative, too soon to tell though.





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  • bheemi123
    10-03 03:13 PM
    wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.

    To answer the original questions only two options.

    1) depart and reeneter using L1
    2) apply for COS (but a long process)


    thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..



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  • rockstart
    03-13 09:44 AM
    Has any one working on EAD experienced delays in renewals and how does HR department react to such delay's. Least on H1 it is clear that you can work for 8 months on receipt.





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  • JazzByTheBay
    09-26 02:22 PM
    CNN/FSB news report by Eileen Zimmerman corrected


    http://morejazzbythebay.wordpress.com/2007/09/26/cnnfsb-news-report-by-eileen-zimmerman-corrected/

    cheers!
    jazz



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  • Refugee_New
    07-28 01:17 PM
    I would recommend each and everyone...be it a believer or a non-believer..
    to read the book by Richard Dawkins: The God Delusion..

    If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

    You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!

    if you have the PDF version of it then please post it. $3 is too much.

    hehe hehe i am an IT guy.





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  • DarkChild
    02-16 03:25 AM
    @ thirdworldman: WOW!



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  • justAnotherFile
    07-12 07:53 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.

    quoting from july visa bulletin as someone had pasted before

    "Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"

    the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.

    it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.





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  • yabadaba
    03-04 12:34 PM
    Those were different times. Try taking mortgage now on your EAD.
    Here are my particulars:
    Family income: Almost 4-5 times per capital GDP
    Job type: Stable
    Credit score : Excellent
    Highest education: MBA
    Willing to put downpayment: Yes, required 20%
    Mortgage application: Rejected as EAD is valid for only one year.

    Now you tell me what should I do...
    shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.





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  • ksurjan
    07-24 11:07 AM
    incorrect..PD is relevant still after the i-485 application has been receipted. The files are put away and are pulled out and processed as and when the PD dates become current.

    To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.





    delax
    07-13 10:48 AM
    everybody ..I think 70% of green card filers know that Murthy is money maker and does not help our community much at all...
    she is just making up to show to world that she is doing some help for us..

    we still have to appreciate her efforts tahts all.

    MONEY MAKER - who isnt a money maker. Welcome to the world of Capitalism. I dont think any of us are in a position to comment on whether she helps our community or not. Here is a fact - On her call last week she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now :)

    Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.





    pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.



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