Monday, July 4, 2011

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  • priti8888
    10-08 03:55 PM
    There is no FIFO in current system. There NEVER WILL BE as long as so-called Chargeability areas ( country quotas) exist. Mark my words, we may at best get the quota extended to 10% (if STRIVE or something similar passes), but the quotas are here to stay. Guy from a so-called ROW country will always get his GC ahead of you.

    Have you read about 'Alternate Charegeability'? Read about it in Mathew Oh's website. It means a guy/gal from India can marry a Sri Lankan or Pakistani and use his/her country as chargeability! A person is getting ahead of others by marrying outside your country! What's your brilliant idea to stop that. I can already see some guys posting 'IV should make banning marriage outside the chargeability their Top #1 agenda, as people use it to cut the line'

    What you guys really mean by FIFO here is ' a guy/gal from my country who applied after me, who cannot use alternate chargeability or marry an American citizen to cut the line, should not get GC before me'! ( FBI name check , EB1/2/3 etc. be damned)

    Did I get you correctly?


    How many Indians do you know who have married sri lankans or pakistanis??? Its rare and its not worth making an issue.

    India/China has huge population and therefore the number of applications far exceed ROW. Now who is to blame? Our parents? Our nation? Our politicians?

    Labour substituition----Now thats bad...but its no longer allowed




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  • petepatel
    08-13 07:28 AM
    I just received the email this morning.

    for Spouse only. Pending for the primary applicant yet

    Applied on July 1, Receipt July 3 and Soft LUD July 8:)




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  • kondur_007
    07-28 02:08 PM
    As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).

    If this is repetition of what has already been discussed elsewhere on the site, I apologize.

    First, let me point out when and how the interpretation changed:

    Following is from immigration-information.com site (Ron Gotcher):

    �Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.

    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�

    Direct link to above post:
    http://immigration-information.com/forums/showthread.php?t=5456

    Some more information from Ron Gotcher�s site can be found at following link

    http://immigration-information.com/forums/showthread.php?t=5703

    Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)

    8 CFR Sec 202(a)

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-


    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Read the entire Sec 202 (a) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    A glimpse of Sec 203(b) is:

    b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:


    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.


    Please read the entire section 203(b) here:

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe

    So, in nutshell:

    1. The law is actually clear on this.
    2. Now Mr. Oppenheim has interpreted it correctly as well.
    3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
    4. The only way to deal with it is to CHANGE THE LAW.
    5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
    6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).




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  • snathan
    02-09 08:37 PM
    Its $669...come on guys



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  • unitednations
    03-08 10:07 PM
    This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
    Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
    But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????


    On other hand

    Let me give you a story:

    On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.

    HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.

    I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.

    They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.

    Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.

    Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.




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  • saravanaraj.sathya
    08-01 01:48 PM
    I ve just filed my I-140 in Texas. I-485 applied in NSC...still waiting on the receipts..it seems to be a long wait....



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  • hiUS
    09-03 10:42 PM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    Thanks for the info.

    I heard some where that the problem with accessing with Biometrics for the transfered cases.

    I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...

    So, may be this is happening for the cases like mine...

    Is your case also in the similar lines...




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  • reedandbamboo
    09-13 09:32 PM
    How are you going to fund the lawsuit? (this is a genuine question, not trying to be a smart alec)



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  • akhilmahajan
    02-09 11:30 AM
    Original Transaction
    Date Type Status Details Amount
    Feb. 9, 2009 Payment To Immigration Voice Completed ... -$20.00 USD

    Related Transaction
    Date Type Status Details Amount
    Feb. 9, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
    Business Name:
    Immigration Voice
    Email:
    donations@immigrationvoice.org

    GO IV GO. TOGETHER WE CAN.




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  • waitforevergc
    05-09 09:35 PM
    Kshitij,

    Excellent letter. Thanks for sending it.

    I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.

    Others..please let us all write letters, if more people write, someone will take notice.

    Thanks.



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  • stemcell
    02-01 01:05 PM
    [QUOTE=IfYouSeekAmy;2305591]:D
    2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D[/QUOT


    Well at least we have some kind of deadline then :)




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  • virald
    01-21 03:30 PM
    Hello

    I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
    Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?


    This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".

    Any suggestions?



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  • amitjoey
    07-09 04:51 PM
    I really believe, that for this flower campaign to hit major news media, and make it a success, we all need to talk about it outside of IV, talk to reporters, email the pdf, and ofcourse talk to other friends of ours, let everybody know this is happening.




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  • reddymjm
    06-13 05:30 AM
    As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.

    I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
    I got 3 out of 6 on monday by mail.



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  • zeta7
    03-22 11:33 PM
    Guys,

    I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.

    Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.

    This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!

    Awaiting your responses. Thanks guys...




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  • ThanksIV
    12-08 04:22 PM
    Sorry to hear your situration, but don't lose hope, miracle will happen to good people.



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  • test101
    07-09 11:29 AM
    I just PM . There is a report from washington post who is trying to do a story about the flower campaingn.

    Story for the Washington Post

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

    Hi all,

    I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.

    Thanks!
    Xiyun

    email:yangx@washpost.com
    office phone: 202 334 6701




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  • abhijitp
    11-21 05:09 PM
    I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.

    Dear Members,

    If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.

    I second that idea.
    We should let Mehul decide, and help him in any way we can!




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  • arunsarun
    06-22 12:23 PM
    its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.

    Its our fate




    yardin
    09-08 02:03 AM
    I140 Applied on 16th July
    485 Applied on 27th July
    Received Receipt on 6th Sept




    logiclife
    06-20 10:33 AM
    No one has to do a vote on scrapping CIR. The absence of any activity towards appointing a conference committee and scheduling a conference committee to reconcile differences between House immigration reform bill(HR 4437) and Senate immigration reform bill (S 2611) would cause both bills to stay as-is in house and senate respectively without making any progress towards becoming a law.

    No one has to formalize this. Not working on it is good enough to kill reform. I dont think anyone is going to come out and say "CIR is dead". However, if house and senate leadership indicate that "we need more time to read Senate's bill", or we need more time to understand and "Hold hearings" etc, its evident that they want to throw roadblocks and postpone it. Which is the same as pushing the bill to its grave.



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