Monday, July 4, 2011

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  • mpadapa
    08-18 04:16 PM
    8 pages of little substance..:D

    Problem: USCIS is not following FIFO

    Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:

    SOLUTION

    Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone


    Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.


    Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.

    Best solution is HR 5882, it benefits everyone

    It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
    Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.

    Let us have a healthy debate to solve the problem rather than fighting over silly comments..




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  • n2b
    08-13 02:05 PM
    DId your checks get cashed and receipts issued.
    I heard from a friend,he got a receipt but checks not cashed yet.

    The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.




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  • prashanthg
    09-17 02:01 PM
    Folks

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    As an employee, Except for the 485 filing, you are not supposed to pay for anything for the GC. The company that sponsers you pays for all that.
    It is illigal for an employee to pay for the GC process.

    I am not sure what you are trying to get. Are you going to write a letter to USCIS that you commited an illigal act? And you want to involve bunch of people along with you?

    I am utterly confused here.




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  • sujith1
    07-30 09:10 AM
    Receipt Date - July 11
    Card Production Ordered July 29

    This is for me. For my spouse also it was filed at the same time with same RD. No update on that - Hers was a renewal vs mine was new and she needs it more than me since hers will expire soon.

    No logic to any of this :mad:



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  • flresident
    08-18 10:45 AM
    Hi,

    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008

    That was pretty quick.
    Funny part is, I haven't received receipt notice yet.




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  • simple1
    05-02 07:43 PM
    got PM with the following quote.

    Looking forward to have access to donar-thread on monday to find out the exact INA language that counts ebdependent in ebquota, that the PM refers to.

    Have a good weekend.

    The lawyer of simple1 is not correct. INA specifically has the language for counting all immigrants (including spouses and children) towards numerical limits, and, we have been working to include provisions to eliminate counting depents towards numerical limits. Doing such extra effort as mentioned in the first post of the thread is not going to be helpful. When there is a bill we should be pushing towards not counting dependents and it is more straightforward. That will take care of the backlog issues to some extent. Admin fixes do not change laws, so admin fix for this is not possible as some suggested



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  • Macaca
    07-09 09:30 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html



    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf 22 CFR Part 42:51
    In general read 22 CFR Part 42 http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html


    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 can (not) be submitted by 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.




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  • Libra
    09-04 10:12 AM
    congrats heathere3, and welcome to IV. there is a rally on sep 18th in DC if you dont know about it. please participate in rally and contribute in whatever way you can. thanks.

    I received my receipts from the lawyer this morning. July 2nd applicaiton to NSC, transfered to TSC, labour approved TSC in Aug 2006.
    Heather
    EB-3 ROW
    PD: Aug 2006
    RD: July 2, 2007
    ND: Aug. 24, 2007
    EAD: ??
    AP ??



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  • krish2006
    09-24 08:18 AM
    Consider the scenario:
    Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

    A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
    B joins a job on 2005 that do not need MS and experience and files for EB3.

    Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

    Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

    SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

    If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

    Therefore EB2s who are from mid 2006 onwards will really get pushed back..

    I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

    I hace passed this stage.. now its for you all to decide..

    In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
    (unless the title and job description totally different in 2010 for B)




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  • sss9i
    11-21 07:18 PM
    Please think workable plan



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  • Dhundhun
    08-24 01:38 AM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.


    You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002


    SunnySurya and Refugee_New, I agree with you. But it is the style of USCIS. But there are several unfairness going on, but the ones hurting more to these cases:
    - Old EB2 cases (2001..2003)
    - New EB2 cases (2004 and 2005)
    - EB2 TSC processing Vs NSC processing
    - Most of old EB3 Cases
    - Every year loosing Visas
    - Kids aging out
    - And so on...

    The list can easily grow up. These are so much complicated that several civil rights activist put together can not get them fixed.




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  • mrajatish
    05-04 03:22 PM
    So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?

    Plus in a lot of fields, having an MS or PhD is absolutely necessary.



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  • Hello_Hello
    02-09 09:39 PM
    Banned from visiting USA ??? So what ??? If you get time to visit India go to Gujarat and see the development in last 10 years also if possible compare it with Amethi & Raibarrelly the constituency of present Queen & prince & their ancestors..you'll get your answers.Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW




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  • kumarc123
    05-08 05:51 PM
    You can still go to court against the congress, that is what is the freedom of constitution in this country.

    Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?

    We should pursue this with a litigation, PAPPU, how about these lawyers who keep flashing their advertisements up here, can we use their help?



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  • go_getter007
    12-17 12:33 PM
    You may want to focus on (and be thankful for) what you have out of the following:

    1. Good health (which we often take for granted)
    2. US born kids (at least they are citizens, if that's important to you)
    3. US education (a different experience for sure)
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
    5. Good work experience (this is transferable and more or less ensures a decent future)
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    This obviously is not a all-inclusive list. You may have your own things to add here. To me, having all these priceless gifts on the one hand and not having a GC on the other is clearly lopsided for you to be happy!

    And after all, we are not "permanent" residents of anywhere, right? :) So, why attach more than necessary importance to a piece of paper during our prime time?

    Cheers,
    GG_007


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?




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  • bestia
    12-16 10:19 PM
    Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:

    1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.

    2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.

    So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?

    To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.



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  • bmoni
    05-01 11:32 PM
    Even if we have five people agree to file this class action lets do it .....
    Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.

    1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.

    2, Whatever the inital attorney consultion let split the consultation fee between five of us.

    3, Once we have a stream lined class action in place will gather more people.

    what you think ..?

    I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.











    Lets file a lawsuit to get the info in a manner we need:


    1) breakdown of processing dates in a manner that co relates to visa bulletin.
    i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.

    2) Visa usage by category reporting each month
    (How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.

    This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.




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  • natrajs
    09-02 10:19 PM
    What are the steps to be taken after receiving GC ?

    You have to update your SSN ( Go to your near by SSN office they will guide you)




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  • kss
    07-20 09:08 AM
    I pledge $200 for this noble cause.




    anilsal
    12-11 08:00 AM
    Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?

    I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.

    Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.




    lj_rr
    09-13 03:40 PM
    New thread created.All TSC Filers please post here.

    http://immigrationvoice.org/forum/showthread.php?t=13344


    Sanjeev:
    I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.



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