Friday, July 29, 2011

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  • nyte_crawler
    09-24 02:14 PM
    There are too many assumptions here. How I see this situation is;
    EB3 I will not move significantly unless and until oversubscribed EB2s become current. Even then, it cannot be taken as granted because the demand of EB2s can take all the spill over and be current without spilling to EB3. USCIS will eventually make the change once they see that EB3 has significant retrogression and there is a lot of noise made about it.

    The solution I see is; we can make a valid presentation showing the effects of this spillover change in the long run and how EB3s will be affected seriously.



    If DOS continues with this interpretation of spillover then there is a very small (tiny) window coming up in third quarter of FY 2010 (Apr'2010) where we might see some spillover to EB3. Here is how:

    Currently there are total 4050 (EB1) + 74932 (EB2) = 78982. These are mostly pre-adjudicated and waiting for VISA numbers.

    Total allocation for new FY is 140K out of which 40K (28.6%) will go to EB3. So EB1 and EB2 will have 100K left but their total demand is only 78982. So these 21K numbers will be left which will be used for new applications recieved under EB2 category.

    When PD for EB2-I/C moves forward, there will be more applications coming in because many EB2-I/C people have their labor approved and they are waiting to file their I-485. However, when these new applications comes in, they are NOT processed yet and their background check is not clear yet. So even if visa numbers are available for them, they are not ready to be approved.

    So at this time we poor EB3 people can hope some mercy from DOS and we hope that DOS might spill those remaining 21K numbers to EB3 so we don't waste any numbers while USCIS is adjudicating those newly recd applications under EB2.

    If this 21K spillover happens then we EB3-I have to hope for another mercy from DOS that they give these 21K spillover numbers strictly based on Priority dates in EB3 and not based on EB3-ROW first and then EB3-C and then EB3-M/P and then EB3-I. We expect DOS to give these spillover based on PD and not based on country of chargeability. If that happens then all these numbers will go to EB3-I and we might see it moving to 2003.

    And this is a fair expectation from DOS that they give spillover numbers based on PD because that is what they are doing in EB2-. When EB2-ROW numbers goes to EB2-I and EB2-C they go based on PD and hence EB2-I gets most of the numbers.

    My two cents. Please post your comments on my theory.

    If we all EB3 agrees to above theory then we should seek help from IV to make sure that spillover to EB3 happens based on PD whenever it happens.

    Thanks.





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  • pappusheth
    08-06 07:26 PM
    I filed for my wife's EAD in the late May (e-file TSC).
    Receipt date is May 29th.
    Soft LUD on June 6th
    FP done on June 21st

    no updates, no changes after that. there is no LUD after FP. It's been 66 days since filed. Does any one know if I can take Infopass appointement before I complete 90 days of pending status and see what's going on? Or do I have to wait until 90 days are complete? any experiences?


    EFiled on 29th May and still waiting. Opened a SR yesterday and lets see what happens.

    The good thing is now we are seeing some approvals, so i think everything is back moving again.

    GO IV GO.

    How to open the SR akhilmahajan? Is it same as the Infopass appointment?

    Also, there is no LUD after FP in my case. Does that mean that TSC has not received FP results yet? The post by kartikiran on the same page shows that FP was done on 5/13 but the LUD was on 7/20 when TSC received FP. I suspect the same has happened in my case. Should I check with the FP office?

    please give your thoughts..





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  • mhathi
    05-16 11:13 AM
    Tell me them that even though you are not from the same constituent, the Congressmen will be voting on these bills once tabled in the Congress and you are requesting to support the bill

    Thanks for your reply. I called all the other offices but glad to say did not encounter that again. One rep. did ask me where I was from and said that Congressmen will only reply if you are from his constituency but will certainly pass on my message.

    Left a message for Congressmen Henry Cuellar, as the immigration staffer was not on his desk.
    :)





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  • xyzgc
    01-22 08:50 PM
    dude,

    I believe you have poured your heart out there! Wonderful job! I believe most of the sane members here totally respect your decision to buy a home without GC.

    Having said that, although your description of half-a-day's work gave me goosebumps, I'm not too carried away. If it happens, it happens! I'd go back to my home country with the fond memory of 10 years of life here! As you said, we wont go back empty handed. Came to US with just $200 in the pocket!

    Relax and enjoy your home,
    GCisaDawg


    No issues if you go back. That can happen to anybody. Nobody is safe in this country.

    Make sure you pay off your mortgages if you do and cover all your liabilities.

    There should be criminal action against loan defaulters, otherwise lessons won't be learnt.
    And if you don't want to persecute these sons of bitches, give a portion of my tax money back, which I paid for last 9 frigging years, which has gone into these bailouts. I'm not even asking for the loss of revenue my company has endured due to our customers (high profile banks) slashing their IT expenditure. I cannot. Don't compensate me for the ripple effect but at least compensate me for the prospect of job losses me and thousands like me face this HISTORIC year of 2009, when a white president has entered the black house ..oops a black president has entered the white house.

    (I'm not making anything up, everything I wrote about my company's customers is true).

    Immigrants who don't pay off and run away should be extradited and put behind bars.

    Yes, we can. Yes, we can change. Yes, we can. And folks, if you don't like my language, consider me insane and leave it at that but give my tax money back not in IOU and promissary notes but in checks.



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  • NolaIndian32
    09-04 10:14 AM
    Now thou shalt have thyne peace, o ye Seekerofpeace!

    Congratulations!! I guess you are now an optimist? :-)

    [QUOTE=seekerofpeace;837718]Folks,
    It seems sun didn't rise from the east or has it....the miracle has happened....after 10 years and 25 days in this country with 2 advanced degrees and with days of ups and downs ...days of confusion and frustrations I finally received a mail:

    Here it goes:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.





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  • spatial
    01-19 03:00 PM
    Looks like most of the people online are not seeing this thread at all.

    May be the Title need to be changed.

    "URGENT CONTRIBUTIONS NEEDED. TIME RUNNING OUT. NOW OR NEVER" kind of...

    People might be thinking that this thread is to discuss Integrity of Core Group.

    Someone from Core group pls Update the Link and see if it works..

    My 2 cents.
    Sorry I am refering to the email notification, not IV board message. My Yahoo email account just recieved one email from IV when I registered my account.



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  • pushkarw
    09-03 04:10 PM
    Hello Friends,

    Got a chance to speak to a customer service advocate at NSC. A very nice lady looked up my case and told me the case is with an officer. She also added I will be hearing something very soon. So keeping my fingers crossed. I always wondered if the cases made to an IO only when a visa number was assigned to the case or whether the case went to the IO first and then they looked to assign a numbers. Don't know - but will hopefully hear some good news soon. Good luck to all of you.





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  • santb1975
    04-07 09:46 PM
    so let us have some fun and build support from our communities while we raise funds to support our cause.



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  • chanduv23
    09-20 11:58 AM
    Thanks. I missed you. I think I should have seen you but can't remember. Since morning at least 10 people who i have talked to from Tri-State area asked me if I know where is chanduv23? they just wanted to see the great motivator like you. Please point me to the picture where I can find you. Your posts on the IV forum have been an inspiration for lot of folks. It takes people like you to form a group of wonderful hardworking folks.

    Oh Dude, I am in a lot of pics - I will point u to one hang on :) - actually if u look at Sheela Murthy's website, I am behind her when she was giving her speech and I was also behind Aman Kapoor holding the flag when he was giving his pre rally speech - So it is easy to figure out :)





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  • gconmymind
    01-03 04:43 PM
    Gurus,

    I have a slightly complicated situation. All your suggestions are welcome.

    I am on H1B with 485 filed. My wife is on H4, without 485 filed. My H1B and her H4 expires around end of March. She has an approved 797 (she will either need to apply COS or go out and enter on H1B visa) and her employer will begin her H1B proceedings hopefully before end of January.

    I am thinking of applying for my H1 extension next week, without applying for her H4 extension at this time. If, in the next few weeks her H1B COS is not filed, I am planning to then file her H4 renewal.

    Do you see any problems with this approach? Do you have a better idea?

    thanks for all your help!!



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  • payur
    01-18 08:33 AM
    ...recurring contribution.

    Good Luck to IV - Hope this year turns things around for us!

    Just wanted share this, my friends didn't know about immigrationvoice.com and as of yesterday two of them have contributed. My sincere thanks to them.

    -Payur





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  • little_willy
    05-14 05:21 PM
    I got 3-year H-1B extension till 09/2010 based on approved I-140 from current employer. Similarly, my wife's H4 status is approved till 09/2010. My wife filed for a new H-1B and her change of status from H-4 to H-1B is still pending (she has a receipt number and got selected in the lottery). Assuming her H-1B approval comes through, the start date will be from 10/01/2007. So far good.

    Now, I found a new job and the employer is willing to do the H-1B transfer. My wife's H4 needs extension too. What will happen if her H4 extension comes till 09/2010 with a pending H-1B? What will happen if her H-1B comes before H4 extn?

    Is it possible to extend her H4 only till 09/30/2007?

    Please help, I need to inform my new employer by noon tomorrow whether I accept the job or not. My PD is June 6, 2003 in EB3 category. I missed out by 5 days. The bulletin confused me further whether to move or stay put in my current job hoping my PD will become current in the next bulletin.

    Moderator - Since this is an urgent case, I would appreciate if you could allow this to be a separate thread. I did not want this to be buried under some other topic. Thanks.



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  • EndlessWait
    06-14 03:37 PM
    I'm telling you, most likely even if it retrogresses. PD will go back uptil 2004-2005. Most cases are filed after 2005 March.

    Hang in there for those stuck in BEC.

    god speed.





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  • xela
    03-28 08:09 AM
    So what a wonderful trick,....in April I am current based on the Visa Bulletin, but now their processing has moved backwards to June and that means no luck for all July filers.....what a joke....:(



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  • GCSOON-Ihope
    06-01 05:15 PM
    DOL PROMULGATES NEW LABOR CERTIFICATION RULES
    Posted on:5/31/2007



    By Attorneys Robert L. Reeves and Elsie H. Arias

    Addressing concerns about fraud and abuse of the labor certification system, the Department of Labor (DOL) recently announced new regulations regarding labor certifications, including ending employers' ability to substitute alien beneficiaries, imposing a 180-day validity period of labor certifications, and regulating the payment of attorney fees associated with the filing of labor certifications. These rules will take effect on July 16, 2007.

    As we have previously discussed in this column, the labor certification process is necessary for alien workers to gain lawful permanent residence through an employer for most occupations. Before the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) may approve employment-based immigrant visa petitions, the DOL must first certify to the USCIS that: (1) there are not sufficient U.S. workers, who are able, willing, qualified, and available at the time of the application for a visa and admission into the U.S. and at the place where the alien is to perform the work; and (2) the employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

    One major change in the adjudication of labor certifications is the substitution of a beneficiary. Although not codified in law or regulation, the USCIS and DOL permits the substitution of new beneficiaries for pending or approved labor certifications to accommodate employers and their labor needs. Unfortunately, the DOL claimed that some unscrupulous lawyers and employers sold labor certifications to foreign nationals not originally identified as the beneficiary and where a bona fide job opportunity did not exist. To prevent this type of abuse in the labor certification system, the DOL will prohibit the substitution of alien beneficiaries on the rule's effective date. Previously-approved substitutions and requests for substitution! s made p rior to July 16, 2007, will remain valid.

    In its new rule, the DOL will also impose a 180-day validity period for approved labor certifications. Labor certifications are presently valid for an indefinite time, but after July 16, 2007, employers must file the I-140 immigrant visa petitions with the USCIS within 180 days of the labor certification approval. Immigrant visa petitions filed after 180 days of a labor certification's approval will be denied because the labor certification will no longer be considered valid. Labor certifications approved before the rule's effective date of July 16, 2007, will also be subject to the 180-day deadline, i.e., employers will need to file I-140 visa petitions based on these prior labor certifications prior to January 12, 2008.

    The DOL also clarifies in its impending rule that the barter, purchase, and sale of labor certifications is prohibited, and sets forth the ramifications for employers or attorneys engaged in this unlawful conduct, including suspension, criminal indictment, and disbarment.

    The most controversial part of the DOL's new rule concerns the payment of costs and attorney fees associated with filing labor certifications. The regulations are presently silent as to whether employer or employee should bear these costs, but the new rule clearly delineates each party's financial obligations. Effective July 16, 2007, attorneys representing both the employer and alien worker in a labor certification must be paid directly by the employer for legal fees associated with preparing the application and representation before the DOL. Employers will also be responsible for paying for advertisements and related costs, which the DOL believes will help safeguard the integrity of the labor certification process. These costs cannot be transferred to or shared with the alien worker. Should the foreign national retain an attorney to represent him in the labor certification process, and this attorney will not also be representing the employer, ! the fore ign national will be allowed to pay fees directly to the attorney. This particular rule may be challenged by various immigration attorneys through litigation for interfering with contractual relationships between an attorney and a client.

    Obtaining a labor certification from the DOL entails complex issues legally and procedurally for both the employer and foreign national seeking resident status. Employers and individuals seeking legal representation in these matters should consult experienced immigration counsel.


    For further information CLICK HERE - WWW.RREEVES.COM





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  • X-Wing
    08-05 01:34 PM
    New message on USCIS's site https://egov.uscis.gov/cris/jsps/index.jsp -

    Server is currently unavailable or down for maintenance



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  • royus77
    06-29 11:53 AM
    It looks like most people want to believe just what is good for them. I have yet to see the document that says "It is illegal to issue interim visa bulletins or stop accepting applications mid month".

    Don't kill the messenger.

    Be concerned and be VERY CONCERNED. Being in denial will not help. Work with the assumption that the dates might go back any time. If your conditions does not permit you to file in the first week there is not much you can do. Tough luck if the dates go back. But if there are things you can do , please do...

    I will give you an example, It is very difficult to get medical appointments where I live and the first opportunity was July last week. I traveled 120 miles (not much) and got mine done last week, where as a friend of mine did not want travel and took the local appointment for Jul 3rd week assuming he can file by Jul31. With the change in dynamics he has to revise the plans and may not get the appointment 120 miles away.

    I mean to say, work with the goal to apply ASAP.


    Good post . ANy thing can happen and you got a chance after 2 years to file your 485 ..Do what ever you can and file.You may hardly loose 1 grand if you pay premium for all services





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  • bharol
    01-26 01:51 PM
    My interest in the house would be long term investment rather than quality of life.

    I beg to differ. House is a BAD investment. Historically houses appreciate approximately at the rate of inflation+1 or 2 % points.(Forget bubble years). Plus the costs(maintenance and property taxes) related to house ownership makes it a really BAD investment. Imagine putting money in an account which gives 2% returns and has 2% maintenance charges!

    House is a great place to live in. That is what should be in mind while buying a house.


    Another point is that most people are unwilling to spend lot of money on rents to get the same QOL. There is emotional element there called (eventual) 'ownership' but that's only emotional. That I don't care about too much.

    I agree. However if somebody thinks living in a bigger place brings a better quality of life, even then he/she does not need to buy at 3 times the cost of renting the same place. He can RENT. By buying you are bringing the quality of life down. At one time a place in my area which could be rent for appx 2000 dollars a month would take about 4000+ dollars to own with 30 year fixed. Reason? because rents reflect the buying power of the resident. Nobody gets a ARM for paying the rent!

    If the trend indicates prices are falling this year, I guess people will wait for a year more but at some point people will go ahead, depending on the overall economy start buying because no one can really predict the bottom. At that point, it may even start going up allowing the economy to slowly get back on its feet.

    Yes. I am convinced that if you wait another year or so, ratio of cost of ownership and cost of renting will come to some sane levels and that is when people should think of buying. I am planning the same.





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  • pappu
    04-10 12:00 PM
    please answer this poll if you are EB3 ROW only. Thanks

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.





    billu
    04-28 09:49 PM
    I applied my wife's passport for extension. She has 6 more months on that one. I got the renewal exactly after 3 weeks from CGI-Houston. But the problem is, they gave only 1yr extension. In effect, I got only 6 months extension. I'm glad, atleast they sent it because we already booked the ticket to India in May. I'm not sure why they've given like that. Anyone has any ideas on that one?

    The h4 or h1(whichever visa she is on)visa in your wife's passport would have expired and the I-797 approval notice must have less than one year from now. Heres the note from NY consulate website
    "Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
    ****************************************
    If such is not the case,then you can e-mail the CGI houston and they will let you know why they did that. Apparently,they are more prompt with e-mail than with phone.





    satyasrd
    01-11 09:36 AM
    The "5 year clause" is definitely a blow to everyone who has been waiting in line forever.

    I think this is the right time to not only run with this but also work on modifying the text of this bill. IV Team, could someone please give some feedback as to what you think?

    Thanks



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