Friday, June 17, 2011

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  • coopheal
    12-27 12:20 PM
    Let's brainstorm on what we can do to remove country limits restrictions.
    We will push for that in CIR if not prior.




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  • django.stone
    03-05 11:51 AM
    My case does not have a LUD.




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  • vdlrao
    06-10 10:56 AM
    The July 2008 Visa Bulletin has said Exactly the same, but in different words, what I have been saying for the past few months about the EB2-India and EB3-India Movements.

    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.


    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.




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  • gcphul
    08-21 03:57 PM
    My DL expring in Sept. filed for 10th year extenison, I live in NY.
    NY DL have 2 dates, One in Top with RED Bold letters its called Temp Visa Date and at botton DL exprie date. I have contacted in DMV office. They said I can drive using bottom Exprie date which is exprie in 2010(mine) ,But I cant use the DL as ID if Temp VISA expire on DL.Unless I renew it with approved H1B visa date.So I have to Carry Passport ,recepit copy and Employer lettter with all time just as proof if cop caught me.



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  • pd_recapturing
    11-25 09:37 PM
    bkn96, Thanks a lot for this information.

    Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?




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  • lazycis
    11-20 01:11 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather — if the 1984 visa petition was "currently valid" as of her 21st birthday — automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."



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  • jchan
    06-11 10:18 AM
    "Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades."


    In a weird way, I feel this is good news. An old saying in China says 'Things will turn to their opposite at their extremes'. The moment before dawn is the darkest hour of the day.




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  • sathweb
    03-04 04:59 PM
    Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.

    Has anyone had a similar experience.

    My PD: Aug 2004
    Cat: EB3 India.


    This is what I think is happening.
    USCIS/DOL system is getting sophisticated day by day. I am positive that they must have some triggers in the system that will automatically notify Immigration Officers about suspicious activity.
    Now a day�s USCIS is trying to deny as many cases as possible. So, they don�t want to miss any opportunity to deny or investigate your case.
    It is not pre adjudication process. It is aggressive denials.



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  • govindk
    07-11 08:15 AM
    it is really a good news for EB2-I :)




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  • billu
    06-29 09:01 AM
    whats the latest on HR5924?.....any hopes of it being passed?....is there any hope for schedule A this year?????



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  • InTheMoment
    07-18 02:07 PM
    Adjudication means the process of an adjudicator going thro' your file to see whether you are eligible for adjustment!

    Here pre-adjudication means irrespective whether the PD is current or not or availabilty of visa numbers the adjudication process continues.

    In other words even though visa numbers are "U" till October they would not simply warm their seats but do something !

    See http://www.imminfo.com/resources/cissop.html




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  • CaliHoneB
    09-08 10:29 AM
    Came here in july 1997
    filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..

    I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.



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  • dhirajs98
    12-24 12:59 PM
    USCIS has not even posted January processing times till now. This should have been published by Dec 15th.

    God only knows what game they are playing.




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  • pdakwala
    03-08 01:29 PM
    It keeps saying that the page cannot be displayed. Requesting for some expert's tips.



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  • gctest
    09-15 04:21 PM
    I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
    Send me a PM if you are not sure about posting on the forums here.



    GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.

    There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.




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  • kartikiran
    12-11 08:35 AM
    Looks like they are changing the spillover rules again from Horizontal to Vertical this is bad news for EB2 I

    Because the spillover projection is given only for EB2(China and India). This is due to fact that only EB2-Row is current due to which there is a possbility of spillover which flows to China and India and not to EB3-Row(if it was vertical).



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  • JaisGCQuest
    06-23 05:17 PM
    Hi..

    I wud say its a brilliant thought and u shud go ahead and compile ideas and create a beautiful document. If nothing else it can be a good resource for others to read .

    What is America losing because of our prolonged wait for Green Cards?

    Money in the form of Taxes and more and more skilled labor :

    People in India now don't want to come on H1B's because they don't see any future in US anymore. They think instead of returning back after an unsuccesful dream of living in US they cud gather what they have currently and stay in India -- where they wud eventually have to settle later.

    Money in the form of Mortagages Property Investments -
    Indians mostly prefer to invest in good real estate properties atleast better than the other two dominant categories in US [ Hispanic and African - American ]. There will be a surge of better mortgage payers if the Indian population see a long term stay in US.


    Skilled Labor because most companies dont hire H1bs for additional cost factor to be given to USCIS . And even if some companies want to hire H1B people for cheap labor, these skilled labor are inclined to get greencards. Most companies dont do that or may be start the whole process too late because of the long queue and they think instead putting so much efforts to make this H1B guy permananent [ hassle free] they settle for lesser skilled labor with more salary who has a permanent residence/ citizenship because they are hassle free.


    Have to return back to work but ..will write more later.

    Thanks




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  • ashokmohan
    06-13 10:45 AM
    You just paid without exposing your financial information.
    $ 100
    Receipt ID: 5190-9283-7820-4961
    An email with your order summary has been sent to ashokmohanrajes




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  • virtual55
    07-12 10:20 AM
    In VA can we extend Driving License with receipt notice of h1 extension .




    gcny2006
    07-20 12:52 PM
    ok. How did we miss this? Did we miss a chance to call up the concerned senators?

    i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss




    hpandey
    08-13 03:55 PM
    What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC compared to a person who filed in 2006 then I don't think there is any hope .

    I don't find their statement acceptable . There is demand only if there is supply . If the supply is zero how can there be demand ? Even if they allocated one visa to EB-3 and there were 10 people in the line before the cut-off date that could be called heavy demand.

    I don't think the Congress is going to act until after the elections ( assuming they ever do anything to bring us relief )



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